HomeMy WebLinkAbout2060 S. Bascom Ave. RECEIVED
JUN 1 2018
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Public Works Administration
Development Review Committee (DRC)
ROUTING SHEET
X Building Division Police Department
X Fire District Economic Development
X Land Development X Traffic Engineer
Project Address: 2060 S. Bascom Ave Presentation: 6/21
Zoning: C-2 (General Commercial) Completeness: 6/28
File No.: PLN2018-206 Conditions: 7/5
APN: 288-08-0731
Applicant: Chick-fil-A Distribution: 6/18
Property Owner: National Retail Properties LP Submittal: 1st
Application Type: CUP, Site and Architectural Review Permit, CEQA
Project Description: New fast-food restaurant with drive-thru (Chick-fil-A). Planner: CM
The existing Denny's restaurant building would be demolished.
Reference: PRE-2018-04
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)
MEMORANDUM CITY OF CAMPBELL
TO: Cindy McCormick, Senior Planner DATE: 6/28/18
FROM: Roger Storz, Senior Civil Engineer ;i(eS
SUBJECT: DRC APPLICATION
Site Address: 2060 S. Bascom Avenue
For File No(s): PLN2018-206
Project Description: Conditional Use Permit for new fast-food restaurant with drive-thru
Applicant: Chick-fil-A
PUBLIC WORKS DEPARTMENT COMPLETENESS COMMENTS
This application is deemed incomplete by Public Works. Please address the items below.
1. Site Plan: The site plan (SP-1) shall show all of the new frontage improvements required as
part of the project, including the new widened sidewalk and new tree wells along Arroyo
Seco Drive.
2. Stormwater Management (C.3): The project application needs to be updated to correct /
clarify the included Stormwater Management Plan as follows:
a. Low Impact Development (LID): Per the Provision C.3 requirements of the latest
Municipal Regional Permit (MRP), all stormwater treatment facilities shall conform
to LID requirements. The C.3 Handbook is an excellent source of local stormwater
requirements and can be found here: http://www.scvurppp-
w2k.com/pdfs/1516/c3 handbook 2016/SCVURPPP C.3 Technical Guidance Han
dbook 2016 Chapters.pdf
i. The Contech CDS unit proposed to treat the stormwater from Drainage
Management Area (DMA) No. 1 is not considered an LID compliant
treatment facility. CDS units can be used as part of a treatment train to pre-
treat stormwater by removing trash and other solids, but treatment must be
accomplished by infiltration or bio-treatment.
ii. The proposed infiltration system used to treat the stormwater collected from
DMA-2 is potentially acceptable; however the plan needs to document the
calculations showing that it is sized properly to accommodate the required
treatment volume. The percolation rate of the underlying soil also needs to be
verified to ensure that the water stored in the infiltration facility can be
infiltrated into the ground within a 48 hour period. If the percolation rate of
the underlying soil is poor, then the surface area of the trench will need to be
increased.
J:\LandDev\Completeness\Specific Projects\Bascom Ave S 2060 Chick-fil-A.docx
Page 1 of 2
iii. The "Proposed Stormwater Treatment Summary" table needs to be updated to
reflect treatment volume required and treatment volume provided. Unless the
site plan is modified to include bio-treatment areas, the 4% column is not
applicable.
3. Frontage Improvements: Revise the plans to more clearly show the proposed sidewalk and
street tree improvements along the Arroyo Seco Drive frontage. Revise the call-out to the
new ADA compliant curb ramp at the corner to reference Caltrans Standard Plan A88A
Case A.
J:\LandDev\Completeness\Specific Projects\Bascom Ave S 2060 Chick-fil-A.docx
Page 2 of 2
M4R - D
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Development Review Committee (DRC)
ROUTING SHEET
X Building Division Police Department
X Fire District Economic Development
X Land Development X Traffic Engineer
Project Address: 2060 S. Bascom Ave Presentation: 3/8
Zoning: C-2 (General Commercial) Completeness: 3/15
File No.: PRE !_,: 14 Conditions: 3/22
APN: 288-0 -0731
Applicant: Chick-fil-A Distribution: 3/2
Property Owner: National Retail Properties LP Submittal: 1st
Application Type: Pre-Application
Project Description: New fast-food restaurant with drive-thru (Chick-fil-A) at Planner: CM
a site currently occupied by Denny's restaurant. Preliminary site plan, floor
plan, and colored renderings for a new building and drive-thru have been
provided. If a formal application is submitted, required entitlements include
a CUP with Site and Arch Review and CEQA review (e.g., traffic/parking).
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 P
No Conditions
Additional information/revisions (see attached)
s
MEMORANDUM CITY OF CAMPBELL
TO: Cindy McCormick, Senior Planner DATE: 3/12/18
FROM: Roger Storz, Senior Civil Engineer 12i5
SUBJECT: DRC APPLICATION
Site Address: 2060 S. Bascom Avenue
For File No(s): PRE2018-04
Project Description: Pre-Application for new fast-food restaurant with drive-thru
Applicant: Chick-fil-A
COMMENTS
The scope of this project triggers the requirement for Frontage Improvements as required
by Campbell Municipal Code 11.24.040. The City of Campbell's adopted Streetscape
Standards identify this portion of Bascom Avenue as an Image Street with very specific frontage
improvement requirements as shown on pages 7 & 8 of the document. The scope of this project
triggers the requirement for the installation of the streetscape improvements (see page 14 of the
document) and the applicant will be required to construct these improvements and have them
completed prior to occupying the building. The Streetscape Standards can be viewed here:
(http://www.cityofcampbell.com/DocumentCenter/View/l68). The Arroyo Seco Drive frontage
will need to be upgraded to standard commercial sidewalk (10 feet in width) with tree wells for
new City street trees behind the curb (similar to the existing frontage to the west of the existing
driveway).
The proposed plan does not show how the project will meet the C.3 Stormwater Treatment
requirements for the entire site, nor how the project will connect into the public storm drain
system. It is expected that the applicant will include a conceptual grading & drainage plan,
with proposed overland release path shown, and a stormwater treatment plan with their
formal Planning Application submittal.
PUBLIC WORKS PRELIMINARY COMMENTS
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
J:\LandDev\Conditions\PIng\Bascom S 2060 PRE.docx Page 1 of 5
2060 S. Bascom Avenue (PRE2018-04)
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 South Bascom Avenue frontage to
accommodate the required Image 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. Grading and Drainage Plan: Prior to issuance of any building permits for the site, the
applicant shall conduct hydrology studies based on a ten-year storm frequency, prepare an
engineered grading and drainage plan, and pay fees required to obtain necessary grading
permits. Prior to occupancy, the design engineer shall provide written certification that the
development has been built per the engineered grading and drainage plans.
In addition, a plan review letter will be required of the Geotechnical engineer for the entire
grading and drainage system which should include but is not limited to a review of the
subsurface of the non-compacted biotreatment material that may have potential for
subsurface failure and surface failure due to vehicle loads.
4. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building
permits, the applicant shall comply with the National Pollution Discharge Elimination
System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and
the Campbell Municipal Code regarding stormwater pollution prevention. Specifically the
project must include source control, site design and treatment measures to achieve
compliance with Provision C.3. of the NPDES Permit. Measures may include, but are not
limited to, minimization of impervious surface area, vegetated swales, infiltration areas, and
treatment devices. The primary objectives are to improve the quality and reduce the quantity
of stormwater runoff to the bay.
Resources to achieve these objectives include Stormwater Best Management Practices
Handbook for New Development and Redevelopment ("CA BMP Handbook") by the
California Stormwater Quality Association (CASQA), 2003; Start at the Source: A Design
Guidance Manual for Stormwater Quality Protection ("Start at the Source") by the Bay Area
Stormwater Management Agencies Association (BASMAA), 1999; and Using Site Design
Techniques to Meet Development Standards for Stormwater Quality: A Companion
Document to Start at the Source ("Using Site Design Techniques")by BASMAA, 2003.
Upon submission of the preliminary site/grading plans, the applicant shall calculate and
submit to the City the amount of impervious surface created by the development including
J:\LandDev\Conditions\Ptng\Bascom S 2060 PRE.docx Page 2 of 5
2060 S. Bascom Avenue (PRE2018-04)
the types of stormwater controls to be used. The applicant shall submit preliminary sizing and
design showing stormwater controls meet the City's requirements.
Prior to issuance of any grading or building permits:
a. The applicant's designer or engineer shall submit the required certification indicating
that sizing, selection, and design of treatment BMP's for the project site has been
completed to meet the requirements of the City of Campbell's NPDES permit, 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.
5. 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
by the City Engineer. The plans shall include the following, unless otherwise approved by the
City Engineer:
South Bascom Avenue
a. Show location of all existing utilities within the new and existing public right of way.
b. This project is subject to the City's Streetscape Standards for Bascom Avenue, which
requires a 10 foot landscaped park strip with City approved street trees 40 feet on
center, and a 7 foot sidewalk along S. Bascom Avenue.
c. Removal of existing driveway approach and necessary sidewalk, curb and gutter.
d. Installation of ADA compliant driveway using City Standard Detail D-19.
e. Installation of new Accessible compliant curb ramp at the southeast corner of South
Bascom Avenue and Arroyo Seco Drive.
f. Install no mow (fine fescue and hair grass Deschampsia) turf and drip irrigation in the
landscape strip.
g. Installation of asphalt concrete overlay per street pavement restoration plan for utility
installation and/or abandonment, as required by the City Engineer.
J:\LandDev\Conditions\Ping\Bascom S 2060 PRE.docx Page 3 of 5
2060 S. Bascom Avenue (PRE2018-04)
h. Installation of traffic control, stripes and signs.
i. Construction of conforms to existing public and private improvements, as necessary.
Arroyo Seco Drive
j. Show location of all existing utilities within the existing public right of way.
k. Removal of existing driveway approach on Arroyo Seco Drive.
1. Installation of City standard curb, gutter, and commercial sidewalk. Installation of
engineered structural pavement section to centerline, as required by the City
Engineer.
m. Installation of City street trees in 4'x5' tree wells installed at back of curb. Tree
species will be determined by the City Arborist.
n. Installation of asphalt concrete overlay per street pavement restoration plan for utility
installation and/or abandonment, as required by the City Engineer.
o. Installation of traffic control, stripes and signs, including but not limited to:
p. Upgrade existing streetlight fixture to LED.
q. Construction of conforms to existing public and private improvements, as necessary.
r. Submit final plans in a digital format acceptable to the City.
6. Street Improvements Completed for Occupancy and Building Permit Final: Prior to allowing
occupancy and/or final building permit signoff for any and/or all buildings, the applicant
shall have the required street improvements and pavement restoration installed and accepted
by the City, and the design engineer shall submit as-built drawings to the City.
7. 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.
8. 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.
9. 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.
10. 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.
J:\LandDev\Conditions\Ping\Bascom S 2060 PRE.docx Page 4 of 5
2060 S. Bascom Avenue (PRE2018-04)
11. 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.
12. 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.
13. Traffic Mitigation: Prior to issuance of any grading or building permits for the site, the
applicant shall satisfy the following traffic mitigation measures: As identified in Project
Traffic Impact Analysis
14. 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
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\Plug\Bascom S 2060 PRE.docx Page 5 of 5
• _ toF•(:AA14
SEP 0 4 ?p,8
Public Works ho;rrn,,;;ation
Development Review Committee (DRC)
ROUTING SHEET
X Building Division Police Department
X Fire District Economic Development
X Land Development, X Traffic Engineer
Project Address: 2060 S. Bascom Ave Presentation: 9/6
Zoning: C-2 (General Commercial) Completeness: 9/13
File No.: PLN2018-206 Conditions: 9/20
APN: 288-08-0731
Applicant: Chick-fil-A Distribution: 8/31
Property Owner: National Retail Properties LP Submittal: 2nd
Application Type: CUP, Site and Architectural Review Permit, CEQA
Project Description: New fast-food restaurant with drive-thru (Chick-fil-A). Planner: CM
The existing Denny's restaurant building would be demolished.
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 ' c. (L,
No Conditions
Additional information/revisions (see attached)
COT of f\
MEMORANDUM CITY OF CAMPBELL
TO: Cindy McCormick, Senior Planner DATE: 9/7/18
FROM: Roger Storz, Senior Civil Engineer'
SUBJECT: DRC APPLICATION
Site Address: 2060 S. Bascom Avenue
For File No(s): PLN2018-206
Project Description: New fast-food restaurant with drive-thru
Applicant: Chick-fil-A
COMMENTS
The scope of this project triggers the requirement for Frontage Improvements as required
by Campbell Municipal Code 11.24.040. The City of Campbell's adopted Streetscape
Standards identify this portion of Bascom Avenue as an Image Street with very specific frontage
improvement requirements as shown on pages 7 & 8 of the document. The scope of this project
triggers the requirement for the installation of the streetscape improvements (see page 14 of the
document) and the applicant will be required to construct these improvements and have them
completed prior to occupying the building. The Streetscape Standards can be viewed here:
(http://www.cityofcampbell.com/DocumentCenter/View/168). The Arroyo Seco Drive frontage
will need to be upgraded to standard commercial sidewalk(10 feet in width) with tree wells for
new City street trees behind the curb (similar to the existing frontage to the west of the existing
driveway).
PUBLIC WORKS CONDITIONS OF APPROVAL
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
J:\LandDev\Conditions\Ping\Bascom S 2060 September 2018.docx Page 1 of 5
2060 S. Bascom Avenue (PLN2018-206)
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 South Bascom Avenue frontage to
accommodate the required Image 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. Grading and Drainage Plan: Prior to issuance of any building permits for the site, the
applicant shall conduct hydrology studies based on a ten-year storm frequency, prepare an
engineered grading and drainage plan, and pay fees required to obtain necessary grading
permits. Prior to occupancy, the design engineer shall provide written certification that the
development has been built per the engineered grading and drainage plans.
4. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building
permits, the applicant shall comply with the National Pollution Discharge Elimination
System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and
the Campbell Municipal Code regarding stormwater pollution prevention. Specifically the
project must include source control, site design and treatment measures to achieve
compliance with Provision C.3. of the NPDES Permit. Measures may include, but are not
limited to, minimization of impervious surface area, vegetated swales, infiltration areas, and
treatment devices. The primary objectives are to improve the quality and reduce the quantity
of stormwater runoff to the bay.
Resources to achieve these objectives include Stormwater Best Management Practices
Handbook for New Development and Redevelopment ("CA BMP Handbook") by the
California Stormwater Quality Association (CASQA), 2003; Start at the Source: A Design
Guidance Manual for Stormwater Quality Protection ("Start at the Source") by the Bay Area
Stormwater Management Agencies Association (BASMAA), 1999; and Using Site Design
Techniques to Meet Development Standards for Stormwater Quality: A Companion
Document to Start at the Source ("Using Site Design Techniques")by BASMAA, 2003.
Upon submission of the preliminary site/grading plans, the applicant shall calculate and
submit to the City the amount of impervious surface created by the development including
the types of stormwater controls to be used. The applicant shall submit preliminary sizing and
design showing stormwater controls meet the City's requirements.
Prior to 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:
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2060 S. Bascom Avenue (PLN2018-206)
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.
5. 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
by the City Engineer. The plans shall include the following, unless otherwise approved by the
City Engineer:
South Bascom Avenue
a. Show location of all existing utilities within the new and existing public right of way.
b. This project is subject to the City's Streetscape Standards for Bascom Avenue, which
requires a 10 foot landscaped park strip with City approved street trees 40 feet on
center, and a 7 foot sidewalk along S. Bascom Avenue.
c. Removal of existing driveway approach and necessary sidewalk, curb and gutter.
d. Installation of ADA compliant driveway using City Standard Detail D-19.
e. Installation of new Accessible compliant curb ramp at the southeast corner of South
Bascom Avenue and Arroyo Seco Drive.
f. Install no mow(fine fescue and hair grass Deschampsia) turf and drip irrigation in the
landscape strip.
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.
Arroyo Seco Drive
j. Show location of all existing utilities within the existing public right of way.
k. Removal of existing driveway approach on Arroyo Seco Drive.
1. Installation of City standard curb, gutter, and commercial sidewalk. Installation of
engineered structural pavement section to centerline, as required by the City
Engineer.
JALandDev\Conditions\PIng\Bascom S 2060 September 2018.docx Page 3 of 5
• 2060 S. Bascom Avenue (PLN2018-206)
m. Installation of City street trees in 4'x5' tree wells installed at back of curb. Existing
three (3) 'New Bradford' street trees to remain, additional new street trees shall be of
the species Sophora japonica `Regent' Japanese Pagoda.
n. Installation of asphalt concrete overlay per street pavement restoration plan for utility
installation and/or abandonment, as required by the City Engineer.
o. Installation of traffic control, stripes and signs, including but not limited to:
p. Upgrade existing streetlight fixture to LED.
q. Construction of conforms to existing public and private improvements,as necessary.
r. Submit final plans in a digital format acceptable to the City.
6. Street Improvements Completed for Occupancy and Building Permit Final: Prior to allowing
occupancy and/or final building permit signoff for any and/or all buildings, the applicant
shall have the required street improvements and pavement restoration installed and accepted
by the City, and the design engineer shall submit as-built drawings to the City.
7. 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.
8. 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.
9. 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.
10. 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.
11. Pavement Restoration: The applicant shall. restore the pavement in compliance with City
standard requirements. In the event that the roadway, has recently received a pavement
treatment or reconstruction, the project will be subject to the City's Street Cut Moratorium.
The applicant will be required to perform enhanced pavement restoration consistent with the
restoration requirements associated with the Street Cut Moratorium. The City's Pavement
Maintenance Program website (https://www.ci.campbell.ca.us/219) has detailed information
on the streets currently under moratorium and the enhanced restoration requirements.
12. 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
J:\LandDev\Conditions\Ping\Bascom S 2060 September 2018.docx Page 4 of 5
2060 S. Bascom Avenue (PLN2018-206)
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.
13. Traffic Mitigation: Prior to issuance of any grading or building permits for the site, the
applicant shall satisfy the following traffic mitigation measures: As identified in Project
Traffic Impact Analysis Report
14. 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
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, will require a
roof on the enclosure if the trash enclosure drain connects to their sanitary sewer system.
J:\LandDev\Conditions\Ping\Bascom S 2060 September 2018.docx Page 5 of 5
• Santa Clara Valley
Urban Runoff
--- 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: Chik—fil—A @ Bascom APN# 288—08-073
Project Address: 2060 South Bascom Avenue, City of Campbell, California
Cross Streets:South Bascom Avenue & Arroyo Seco Drive
Applicant/Developer Name: C h i k-f i l-A, I n c
Project Phase(s): 1 of 1 Engineer: Jody Walker Belsick, P.E . , LEED AP
Project Type (Check all that apply): ❑ New Development leRedevelopment
❑ Residential iiikommercial 0 Industrial 0 Mixed Use 0 Public 0 Institutional
Restaurant 0 Uncovered Parking O Retail Gas Outlet 0 Auto Service (SIC code)
0 Other (5013-5014,5541,7532-7534,7536-7539)
Project Description:
Proposed 5, 011 square foot fast food restaurant with drive-thru,
parking lot, curb, gutter, sidewalk, landscaping, and LID facilities .
Project Watershed/Receiving Water(creek, river or bay):Los Gatos Creek
SCVURPPP C.3.Data Form Page 1 of 4 November 2011
2. Project Size
a.Total Site Area: b.Total Site Area Disturbed: 1 . 0 7 acre
1 . 0 7 acre (including clearing,grading,or excavating)
2 Proposed Area(ft2) Total Post-Project
Existing Area(ft)
Replaced I New Area(ft2)
Impervious Area
Roof 5,388 5,012 0 5,012
Parking 33,127 27,965 0 27, 965
Sidewalks and Streets 1, 635 1, 635 28 1,663
c.Total Impervious Area 4 0,15 0 34, 612 28 34, 640
d.Total new and replaced impervious area 34,640
Pervious Area
Landscaping 6, 390 6,390 5,510 11, 900
Pervious Paving 0 0 0 0
Other(e.g.Green Roof) 0 0 0 0
e.Total Pervious Area 6,390 6,390 5,510 11, 900
f.Percent Replacement of Impervious Area in Redevelopment Projects (Replaced Total Impervious Area
Existing Total Impervious Area) x 100% = 100%
3. State Construction General Permit Applicability:
a. Is#2.b. equal to 1 acre or more?
'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).
❑ 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.)
'EYes, C.3. source control, site design and treatment requirements apply
O No, C.3. source control and site design requirements may apply—check with local agency
b. Is#2.f. equal to 50% or more?
1ifYes, 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?
0 Yes (continue) le 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
le 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
eMinimize land disturbed ❑ Alternative building ❑ None (all impervious surface
Te Minimize impervious
materials drains to self-retaining areas)
surfaces ❑ Wash area/racks, drain to LID Treatment
lir Minimum-impact street sanitary sewer2 ❑ Rainwater harvest and
or parking lot design ir Covered dumpster area, use (e.g.,cistern or rain barrel
sized for C.3.d treatment)
❑ Cluster structures/
drain to sanitary sewer2
pavement CISanitary sewer ❑ Infiltration basin
Disconnected downspouts connection or accessible ❑ Infiltration trench
cleanout for swimming
❑ Pervious pavement pool/spa/fountain2 ❑✓Exfiltration trench
CI Green roof it Beneficial landscaping ID Underground detention
(minimize irrigation,runoff, and infiltration system
❑ Microdetention in pesticides and fertilizers; (e.g.pervious pavement drain
landscape promotes treatment) rock,large diameter conduit)
3
❑ Other self-treating area ❑ Outdoor material storage Biotreatment
❑ Self-retaining area protection ❑ Bioretention area
U Rainwater harvesting and ❑ Covers, drains for loading ❑ Flow-through planter
use (e.g.,rain barrel,cistern docks, maintenance bays,
connected to roof drains)i fueling areas ❑ Tree box with
bioretention soils
❑ Preserved open space: Maintenance (pavement ❑ Other
ac. or sq. ft sweeping,catch basin
(circle one) cleaning,good housekeeping)
❑ Protected riparian and 1 Storm drain labeling Other Treatment Methods
wetland areas/buffers ❑ Proprietary tree box filter'
(Setback from top of bank: U Other
ft.) ❑ Media filter(sand,compost,
❑ or proprietary media)4
Other
U Vegetated filter strips
U Dry detention basins
it Other Contech Inline
CDS201 5-4-C
Flow Duration Controls for Hydromodification Management(HM)
U 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 201 1
•
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 Used3 Volume
(cfs or cu.ft.)
Underground Infiltration System 1, 742 . 4 cu. ft . 1910 . 6 cu. ft .
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?
❑ Yes m No Name of Reviewer
9. Operation & Maintenance Information
A. Property Owner's Name
B. Responsible Party for Stormwater Treatment/Hydromodification Control O&M:
a. Name: Chick-fil-A
b. Address: 15635 Alton Parkway, Suite 350 Irvine, CA 92618
c. Phone/E-mail: Steve. Schwartz@cfacorp.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
❑ 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
lireInfiltration 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, Stormwater 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: Chik-fil-A Bascom
1.2 Project Address: 2060 South Bascom Avenue, City of Campbell, California
1.3 Applicant/AgentName: Chik-fil-A, Inc/Steve Schwartz
1.4 Applicant/AgentAddress: 15635 Alton Parkway, Suite 350, Irvine, CA 92618
Applicant/Agent
1.5 Applicant/AgentEmail: Steve. Schwartz@cfacorp.com Phone: 404 . 305 . 3467
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
se
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
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 ❑ le
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): ❑
- If"FEASIBLE"is indicated for Item 3.1, then the amount of stormwater 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.
-> 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.
Name of Applicant(Print)
Name of Applicant(Sign) Date
*See Glossary(Attachment 1)for definitions. 2 FINAL November 2011
Santa Clara Valley
Urban Runoff
Pollution Prevention Program
Infiltration/Harvesting and Use Feasibility Screening Worksheet
Apply these screening criteria for C.3 Regulated Projects*required to implement Provision C.3 stormwater
treatment requirements. See the Glossary(Attachment 1)for definitions of terms marked with an asterisk(*). Contact
municipal staff to determine whether the project meets Special Project*criteria. If the project meets Special Project
criteria, it may receive LID treatment reduction credits.
1. Applicant Info
Site Address: 2060 South Bascom Avenue, City of Campbell ,CA APN:288-08-073
Applicant Name:Chik—fil—A, Inc PhoneNo.: 404.305.3467
Mailing Address: 16535 Alton Parkway, Ste 350, Irvine, CA 92618
2. Feasibility Screening for Infiltration
Do site soils either(a)have a saturated hydraulic conductivity*(Ksat)that will NOT allow infiltration of 80%of
the annual runoff(that is,the Ksat is LESS than 1.6 inches/hour),or,if the Ksat rate is not available,(b)consist of
Type C or D soils?t
❑ Yes(continue) le No—complete the Infiltration Feasibility Worksheet.If infiltration of the C.3.d
amount of runoff is found to be feasible,there is no need to complete the rest of this
screening worksheet.
3. Recycled Water Use
Check the box if the project is installing and using a recycled water plumbing system for non-potable water use.
0 The project is installing a recycled water plumbing system,and installation of a second non-potable water system
for harvested rainwater is impractical,and considered infeasible due to cost considerations. Skip to Section 6.
4. Calculate the Potential Rainwater Capture Area*for Screening of Harvesting and Use
Complete this section for the entire project area. If rainwater harvesting and use is infeasible for the entire site, and
the project includes one or more buildings that each have an individual roof area of 10,000 sq.ft. or more, then
complete Sections 4 and 5 of this form for each of these buildings.
4.1 Table 1 for(check one): ❑The whole project ❑Area of 1 building roof(10,000 sq.ft.min.)
Table 1: Calculation of the Potential Rainwater Capture Area*
The Potential Rainwater Capture Area may consist of either the entire project area or one building with a roof area of 10,000 sq.ft.or more.
1 2 3 4
Pre-Project Proposed Impervious Surface'(IS),in Post-project
Impervious surface' sq.ft. landscaping
(sq.ft.),if applicable Replaced'IS Created"IS (sq.ft.),if
applicable
a.Enter the totals for the area to be evaluated:
b.Sum of replaced and created impervious surface: - N/A N/A
c.Area of existing impervious surface that will NOT
be replaced by the project. N/A N/A
Base this response on the site-specific soil report,if available.If this is not available,consult soil hydraulic conductivity maps in Attachment 3.
2,Enter the total of all impervious surfaces,including the building footprint,driveway(s),patio(s),impervious deck(s),unroofed porch(es),uncovered parking
lot(including top deck of parking structure),impervious trails,miscellaneous paving or structures,and off-lot impervious surface(new,contiguous impervious
surface created from road projects,including sidewalks and/or bike lanes built as part of new street).Impervious surfaces do NOT include vegetated roofs or
pervious pavement that stores and infiltrates rainfall at a rate equal to immediately surrounding,unpaved landscaped areas,or that stores and infiltrates the
C.3.d amount of runoff*.
3"Replaced"means that the project will install impervious surface where existing impervious surface is removed.
°"Created"means the project will install new impervious surface where there is currently no impervious surface.
*For definitions,see Glossary(Attachment 1).
Page 1 of 3 FINAL November 2011
Infiltration/Harvesting and Use Feasibility Screening Worksheet
4.2 Answer this question ONLY if you are completing this section for the entire project area. If existing impervious
surface will be replaced by the project, does the area to be replaced equal 50% or more of the existing area of
impervious surface? (Refer to Table 1,Row "a". Is the area in Column 2>50%of Column 1?)
❑ Yes,C.3.stormwater treatment requirements apply to areas of impervious surface that will remain in place as
well as the area created and/or replaced.This is known as the 50%rule.
❑ No,C.3.requirements apply only to the impervious area created and/or replaced.
4.3 Enter the square footage of the Potential Rainwater Capture Area*.If you are evaluating only the roof area of a
building, or you answered"no" to Question 4.2,this amount is from Row"b" in Table 1. If you answered"yes"
to Question 4.2,this amount is the sum of Rows"b"and"c"in Table 1.:
square feet.
4.4 Convert the measurement of the Potential Rainwater Capture Area* from square feet to acres (divide the
amount in Item 4.3 by 43,560):
acres.
5. Feasibility Screening for Rainwater Harvesting and Use
5.1 Use of harvested rainwater for landscape irrigation:
Is the onsite landscaping LESS than 2_5 times the size of the Potential Rainwater Capture Area* (Item 4.3)?
(Note that the landscape area(s)would have to be contiguous and within the same Drainage Management Area to
use harvested rainwater for irrigation via gravity flow.)
O Yes(continue) O No — Direct runoff from impervious areas to self-retaining areas*OR refer to
Table 11 and the curves in Appendix F of the LID Feasibility Report to
evaluate feasibility of harvesting and using the C.3.d amount of runoff for
irrigation.
5.2 Use of harvested rainwater for toilet flushing or non-potable industrial use:
a. Residential Projects: Proposed number of dwelling units:
Calculate the dwelling units per impervious acre by dividing the number of dwelling units by the acres of
the Potential Rainwater Capture Area*in Item 4.4. Enter the result here:
)
Is the number of dwelling units per impervious acre LESS than 100(assuming 2.7 occupants/unit)?
❑ Yes(continue) O No— complete the Harvest/Use Feasibility Worksheet.
b. Commercial/Industrial Projects:Proposed interior floor area: (sq.ft.)
Calculate the proposed interior floor area(sq.ft.)per acre of impervious surface by dividing the interior floor
area(sq.ft.)by the acres of the Potential Rainwater Capture Area*in Item 4.4. Enter the result here:
Is the square footage of the interior floor space per impervious acre LESS than 70,000 sq.ft.?
❑ Yes(continue) O No—complete the Harvest/Use Feasibility Worksheet
c. School Projects: Proposed interior floor area: (sq.ft.)
Calculate the proposed interior floor area per acre of impervious surface by dividing the interior floor area
(sq.ft.)by the acres of the Potential Rainwater Capture Area*in Item 4.4.Enter the result here:
Is the square footage of the interior floor space per impervious acre LESS than 21,000 sq.ft.?
❑ Yes(continue) O No—complete the Harvest/Use Feasibility Worksheet
*For definitions,see Glossary(Attachment 1).
Page 2 of 3 FINAL November 2011
Infiltration/Harvesting and Use Feasibility Screening Worksheet
d. Mixed Commercial and Residential Use Projects
• Evaluate the residential toilet flushing demand based on the dwelling units per impervious acre for the
residential portion of the project,following the instructions in Item 5.2.a,except you will use a prorated
acreage of impervious surface,based on the percentage of the project dedicated to residential use.
• Evaluate the commercial toilet flushing demand per impervious acre for the commercial portion of the
project,following the instructions in Item 5.2.a,except you will use a prorated acreage of impervious surface,
based on the percentage of the project dedicated to commercial use.
e. Industrial Projects:Estimated non-potable water demand(gal/day):
Is the non-potable demand LESS than 2,400 gal/day per acre of the Potential Rainwater Capture Area?
0 Yes(continue) 0 No— refer to the curves in Appendix F of the LID Feasibility Report to evaluate
feasibility of harvesting and using the C.3.d amount of runoff for industrial
use.
6. Use of Biotreatment
If only the"Yes"boxes were checked for all questions in Sections 2 and 5,or the project will have a recycled water system
for non-potable use(Section 3),then the applicant may use appropriately designed bioretention facilities for compliance
with C.3 treatment requirements.The applicant is encouraged to maximize infiltration of stormwater if site conditions
allow.
7. Results of Screening Analysis
Based on this screening analysis,the following steps will be taken for the project(check all that apply):
O Implement biotreatment measures(such as an appropriately designed bioretention area).
O Conduct further analysis of infiltration feasibility by completing the Infiltration Feasibility Worksheet.
O Conduct further analysis of rainwater harvesting and use(check one):
❑ Complete the Rainwater Harvesting and Use Feasibility Worksheet for:
❑ The entire project
❑ Individual building(s),if applicable,describe:
❑ Evaluate the feasibility of harvesting and using the C.3.d amount of runoff for irrigation,based on Table 11
and the curves in Appendix F of the LID Feasibility Report
❑ Evaluate the feasibility of harvesting and using the C.3.d amount of runoff for non-potable industrial use,
based on the curves in Appendix F of the LID Feasibility Report.
*For definitions,see Glossary(Attachment 1).
Page 3 of 3 FINAL November 2011
f,,,erzzo
C.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= 0 . 90 acres!
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= Ste 2a./Step 1)*100
%impervious area= %
Step 3. Determine from Figure 1 the mean annual precipitation(MAPS11e)at the project site location:
(see Section II. Step 4 for more explanation.)
MAPsite= 15 . flinches
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 IV-1 —Page 1 FINAL
J:\LendDev\Forms\G&D\Volwe worksheet.doc May 20,2004
Santa Clara Valley C.3 Stormwater 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=MAPSite(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
1 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? III
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.
a) Slope≤ 1%
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,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 1% slope(UBS lei)= 0 . 5 0(inches
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
J:ULanciDev\Forms\G&D\Volume 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% )= 0 . 53 (inches)
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 =UBS1%+(UBS15%-UBS1%)*(x%-1%)/(15% -1%)
= (Step 8a)+(Step 8b-Step 8a) * (x%-1%)/(15%-1%)
Where UBS,Unit Basin Storage volume for drainage area of intermediate
slope,x
Unit Basin Storage volume(USB x)4 0 . 5 1(inches)
(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.
13MP Volume= 0 . 0 4 acre-feet{
IV.Treatment Control Sizing Criteria Attachment IV-1 —Page 3 FINAL
J:IrrodDevTorms\o&D\Volume worksheet.doc May 20,2004
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ALTO _ �U 1,
CUPERTINO ,
,
`{ 15
EL..: CAMPBELL �.. � 30
CAMPBELL '�, 3O
�1' \ \: 28
E-p,.. SARATOGA I l •ur �,,Pe•' O \\\,,,,\ \ \
-g-Figure 1 \ �6, m Nd l 16
Soil Texture and Mean ,.t,\
i 26
Annual Precipitation Depths \ 0 l� ,
for the Santa Clara Basin ` ` .
MONTE LOS GATOS ,.,,, \ cL
SERENO ? 24:
<.
m 18
\\
Legend 34 h N
20 \ \ ,
Soil Texture
Hydrologic /\/ Highway __ 30 28 20 22
(NRCS Soil Group) 38 24 22
Clay(D) Street or Hi hwa '�4, 11,
t,i,\\\,,s,:\\\,
Sandy Clay(D) /�/Stream
I-1 Clay Loam(D) n Jurisdictional Boundary ^ � '• ilApl #"�
P Depths(Inches)L_Silt Loam(B) o Rain Gage ,
y Loam(B) ° .,/ Mean Annual Precipitation Inches �" `. `a
HILL I
-.�'. *„ w. q MORGAN °^'h..,
Data Source:Santa Clara Valley Water District x ��• i 'i., _ �\
Revised March 2004 "CA.
I .N �+'
+ (R \''''�%�� Santa Clara Valley +�, �I: ��^ ,
Urban Runoff lI l 2_3 a_5 Mlles ny y' Np, _+J'
Pollution Prevent on Program \'. "a ^ ( \ ,\k 1\ � v1 ��
4. ✓Aye \\ IW \
Santa Clara Valley C.3 Storm water Handbook
Urban Runoff
Pollution Prevention Program
1.1 i
SAN JOSE AIRPORT RAIN GAGE
1.0 ASSUMED SLOPE=1%
2 0.9
a 0.8
R 0.7
U
it
e 0.6
co
, 0.5
o 0.4
c CLAY(D)
0.3
op SANDY CLAY ID)
CLAY LOAM ID)
a 0.2 1
LOAM/SILT LOAM (B)
0.1
0.0
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
%I perviousness
Figure 2-A Unit Basin Volume for 80% Capture- San Jose Airport Rain Gam
IV.Treatment Control Sizing Criteria Attachment IV-1 —Page 4 FINAL DRAFT
April 2004
Santa Clara Valley C.3 Stormwater Handbook
Urban Runoff
Pollution Prevention Program
1.1 SAN JOSE A I RPORT RAIN GAGE
1.0 --- ASSUMED SLOPE=15%
0.9 - - -
-• 0.8
:,
0 0.7
ra
c) 0.6
o`
a) 0.5
y 0.4 CLAY(D)
`° 0.3 SANDY CLAY(D)„!
m _
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-I —Page 5 FINAL DRAFT
J:\LendDev\FormslO&D\Volume worksheet.doc April 2004
Roger Storz
From: Doris Quai Hoi
Sent: Wednesday, June 20, 2018 1:46 PM
To: Bob Siudzinski
Cc: Roger Storz
Subject: RE: Denny's Tree Recommendations
Thank you again.
I will let Roger know by cc'ing him since this is his project.
From: Bob Siudzinski
Sent: Wednesday, June 20, 2018 1:33 PM
To: Doris Quai Hoi
Subject: Dennys Tree Recommendations
Hi Doris,
As I was in the field I took the opportunity to review the Denny's site and recommend...
• Due to the poor structural form the Geijera parvaflora 'Australian Willow',tag number 11, be replaced. Species
recommendation is a Platanus acerifolia 'Columbia' which provides uniformity on Bascom Ave.
• An additional Platanus acerifolia 'Columbia be planted in the empty tree well north of'Australian Willow'
• Leave the three existing Pyrus calleryana 'New Bradford" on the Fewtrell side of the property. In house staff to
provide young tree pruning to establish proper form.
• Add three additional Sophora japonica 'Regent'Japanese Pagoda Trees in the turf on Arroyo Seco Drive.
Assumes turf at back of sidewalk is within City right of way.
I'd be happy to meet with you on site, on a cool day,
Bob
f•CAM Robert Siudzinski
4,•O 44, City Arborist
Q ' City of Campbell I Public Works Department
o o 70 N. First Street I Campbell,CA 95008
•E www.cityofcampbell.com 1408.866.2772
G
oRCHAao•
1
r A
MEMORANDUM CITY OF CAMPBELL
TO: Cindy McCormick, Senior Planner DATE: 6/28/18
FROM: Roger Storz, Senior Civil Engineer
SUBJECT: DRC APPLICATION
Site Address: 2060 S. Bascom Avenue
For File No(s): PLN2018-206
Project Description: Conditional Use Permit for new fast-food restaurant with drive-thru
Applicant: Chick-fil-A
PUBLIC WORKS DEPARTMENT COMPLETENESS COMMENTS
This application is deemed incomplete by Public Works. Please address the items below.
1. Site Plan: The site plan (SP-l) shall show all of the new frontage improvements required as
part of the project 4n,‘l»i1inn the „P.x, .x,; ened sidewalk and new tree wells along Arroyo
Seco Drive. noted, see sp-1
2. Stormwater Management (C.3): The project application needs to be updated to correct /
clarify the included Stormwater Management Plan as follows:
a. Low Impact Development (LID): Per the Provision C.3 requirements of the latest
Municipal Regional Permit (MRP), all stormwater treatment facilities shall conform
to LID requirements. The C.3 Handbook is an excellent source of local stormwater
requirements and can be found here: http://www.scvurppp-
w2k.com/pdfs/1516/c3_handbook_2016/S C VURPPP_C.3_Technical_Guidance_Han
dbook 2016_Chapters.pdf
i. The Contech CDS unit proposed to treat the stormwater from Drainage
Management Area (DMA) No. 1 is not considered an LID compliant
see p2 fo r r e- treatment facility. CDS units can be used as part of a treatment train to pre-
sponses to i-iii treat stormwater by removing trash and other solids, but treatment must be
$ � accomplished by infiltration or bio-treatment.
ii. The proposed infiltration system used to treat the stormwater collected from
DMA-2 is potentially acceptable; however the plan needs to document the
calculations showing that it is sized properly to accommodate the required
treatment volume. The percolation rate of the underlying soil also needs to be
verified to ensure that the water stored in the infiltration facility can be
infiltrated into the ground within a 48 hour period. If the percolation rate of
the underlying soil is poor, then the surface area of the trench will need to be
increased.
C:\Users\cindym\Documents\aaProjects\aCurrent Projects\2060 S Bascom\Department comments\PW.docx
Page 1 of 2
1 t
iii. The "Proposed Stormwater Treatment Summary" table needs to be updated to
reflect treatment volume required and treatment volume provided. Unless the
site plan is modified to include bio-treatment areas, the 4% column is not
applicable.
3. Frontage Improvements: Revise the plans to more clearly show the proposed sidewalk and
street tree improvements along the Arroyo Seco Drive frontage. Revise the call-out to the
new ADA compliant curb ramp at the corner to reference Caltrans Standard Plan A88A
Case A.
grading plan and site plan have been updated to
ca l out the proposed frontage improvements
Responses:
The contech CDS unit has been removed from the design. This area is
now being treated by a proposed infiltration system.
ii. The calculation have been added to the SWCP Storm Water Control Plan.
The portion of the soils report that includes the percolation rate has been pro-
vided.
iii. The table has been updated.
C:\Users\cindym\Documents\aaProjects\aCurrent Projects\2060 S Bascom\Department comments\PW.docx
Page 2 of 2
Geotechnical Engineering Exploration and Analysis - DRAFT
Proposed Chick-fil-A Restaurant#4247
S Bascom Avenue & Arroyo Seco Drive FSU
2060 S. Bascom avenue
Campbell, California
Project No. 2G-1801002
Page 6
Fill and possible fill soils were encountered within our exploratory test borings to depths of about
3.5 to 6 feet below existing grade. These soils were generally moist, loose to dense in relative
density silty sand and some clayey sand.
Native soils encountered below the fill and possible fill consisted generally of moist to very
moist, medium stiff to stiff in comparative consistency sandy clay and silty clay and medium
dense to dense silty sand and sand with gravel. The upper 10 feet were generally of granular
materials (silty sand, sand and gravel) becoming clayey soils below.
Groundwater
Groundwater was not encountered during our subsurface exploration to the maximum depth
explored (21.5 feet). Seismic Hazard Zone Report for the San Jose West Quadrangle (where
the subject site is located) indicated that the historical high groundwater is reported to be
greater than 50 feet below grade. Additionally, our record search using Geotracker indicated
groundwater near the site is about 90 feet below existing ground surface. However, fluctuations
of the groundwater table, localized zones of perched water, and rise in soil moisture content
should be anticipated during and after the rainy season. Irrigation of landscape areas on or
adjacent to the site could also cause fluctuations of local or shallow perched groundwater levels.
4.3 Percolation Testing
It is our understanding that an on-site below grade storm water infiltration system is being
considered for the subject site. Therefore, two percolation tests were performed to assess the
infiltration characteristics of the site soils in accordance with infiltration test methods performed
in general accordance with USBR 7300-89.
The percolation testing consisted of drilling a 7-inch-diameter hole using a solid-stem auger,
installing a 2-inch-diameter slotted pvc casing with a solid end cap and then surrounding the
casing with a granular filter pack. The test hole (B-6) was then pre-soaked to a minimum depth
of 1 foot above the bottom of the boring. After pre-soaking, test water was added to the casing
and refilled after each consecutive percolation test reading. Due to the granular nature of the
tested soils measurements were taken in approximately 10-minute period; refilling after every
reading. The drop in water level over time is the percolation rate at the test location. The
percolation rate was reduced to account for the discharge of water from both the sides and
bottom of the boring. The formula below was used to calculate for the tested infiltration rate.
Infiltration Rate = Pre-adjusted Percolation Rate divided by Reduction Factor
Where the reduction factor (Rf) is given by:
Rf= (2di - Ad/ dia) + 1
With: di = initial water depth (in.)
Ad = average/final water level drop (in.)
Dia = diameter of the boring (in.)
GILES ENGINEERING ASSOCIATES, INC.
Geotechnical Engineering Exploration and Analysis - DRAFT
Proposed Chick-fil-A Restaurant#4247
S Bascom Avenue &Arroyo Seco Drive FSU
2060 S. Bascom avenue
Campbell, California
Project No. 2G-1801002
Page 7
The results obtained from our percolation testing are summarized below.
TABLE I-PERCOLATION TEST RESULTS
1 Pre-Adjusted
Test Depth Infiltration Rate
Test Hole (feet) Percolation Rate .n/hr Soil Type
(in/hr) )
B-6 5.0 20.16 2.21 Sand with Silt
1) Depth is referenced to the existing surface grade at the test location.
It should be noted that the infiltration rate of the on-site soils represents a specific area and
depth tested and may fluctuate throughout other parts of the site.
4.4 Photoionization Detector (PID) Screening
Soil samples taken from our subsurface exploration were screened with a Photoionization
Detector (PID) to check for the possible presence of volatile vapors. No volatile vapors were
detected during the screening of soil samples collected from any of the borings with a PID.
Additionally, no odors detected or stains observed that might suggest some form of
contamination. PID field-screening results are included on the soil boring logs.
5.0 LABORATORY TESTING
Several laboratory tests were performed on selected samples considered representative of
those encountered in order to evaluate the engineering properties of the on-site soils. The
following are brief description of our laboratory test results.
In Situ Moisture and Density
Tests were performed on select samples from the test borings to determine the subsoils dry
density and natural moisture contents in accordance with Test Method ASTM 2216-10. The
results of these tests are included in the Test Boring Logs enclosed in Appendix A.
Expansive Potential
To evaluate the expansive potential of the near surface soils encountered during our subsurface
exploration, a composite sample collected from Test Boring B-1 and B-4 (1 to 5 feet) was
subjected to Expansive Index (El) testing. The result of our expansion index (El) test indicates
that the near surface sample has a very low expansion potential (El = 0).
GILES ENGINEERING ASSOCIATES, INC.
Land Development Information sheet
Prepared by: AB APN: 288-08-073 Date: 6/28/18
Address: 2060 S.Bascom Avenue Lot size: 46540 (SF)
Any found records of building permits in last five years? Yes 0 (provide info below)No El
Was permit issued? Yes❑ (provide info below)No
if yes: Pcrmit Numhcr: Nature ( f av(Ur
If this project is part of a larger development(new subdivision,new townhomes)or commercial development,
skip A through D. New 5000 SF restaurant with drive-thru
A. Existing building area(SF): 0 B. Proposed additional area(SF): 5000
(Use the area from five years back)
C. Total area w/addition(A+B): 5000 D. Percent increase(B/A): 100%
(if less than 50%,stop research)
Tract or Parcel Map: PM 369-24 (Tract#or book&page) Date recorded: 03/31/1976
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#): #5065 Date paid: 03/08Y/1976
Storm Drain Area fee: N/A (area in acres) X N/A (fee/acre) = N/A
Within STANP? Yes 0 No® (check one)
STANP property location Requirements: Curb 0 Gutter❑ Sidewalk❑ Rolled curb 0 None❑ N/A El
Existing improvements present? Curb® Gutter Z Sidewalk® Rolled curb❑ (check all that apply)
Sidewalk dimension(BOW to FOW): 4.5' Park strip dimension(FOW to BOC): 5.0'
Driveway dimension(s): 25' D/W ADA compliant? Yes❑ No ® N/A ❑
Ramp ADA compliant? Yes Z No ❑ N/A ❑
Street ROW half width(CL to PL): 73' Date that street had been resurfaced: N/A
Street light info: JP 0 older pole❑ galvanized pole
Water meter and sewer cleanout info: Sewer Cleanout located behind Bascom Ave.SWK
SD inlet and/or manhole(relation to frontage): SD Inlet on Bascom Ave.Gutter near fire hydrant
Electrical panel relocation? New Electrical Panel Yes 0 No❑ NA El
Overhead lines fronting property? No Overhead lines ❑ Yes ®No
A.Roadway Classification: ®Arterial or Collector ❑Local
B.Commercial structure or subdivision of 5 or more? ®Yes O 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)
2060 Bascom Avenue AB 06/29/18
V . cry N
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11
Overview of the property facing East on Bascom Avenue
1
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4111
-
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Overview of the property facing East on Arroyo Seco
Page 1 of 4
2060 Bascom Avenue AB 06/29/18
qC ---- ' IP
,;_ 417 "" R�1 ;......• II,- ;.„.0,1,_e
i�� w •7'�
-
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C&G: 2' PS: 5' /' SWK: 4.5'
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Sidewalk view facing North on Bascom
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Sidewalk view facing West on Arroyo Seco
Page 2 of 4
2060 Bascom Avenue AB 06/29/18
2 ` 4 `'r
,Frim—
IPSEMPIMINNI—
DWY: 25'
Street view of driveway on Bascom facing East
�' 1
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4 _ ,._ _
DWY: 25'
Street view of driveway on Arroyo Seco facing South
Page 3 of 4
2060 Bascom Avenue AB 06/29/18
I , Tr,
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Bascom Avenue Street view facing North..,,N.„4 ...i.; .. as
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Arroyo Seco Drive Street view facing West
Page 4 of 4
OFFICE O F COUNTY ASSESSOR SANTA CLARA COUNTY , CALIFORNIA
BOOK PAGE
288 8
O el,' TRACT No. 406 CAMPBELL GARDENS
P.M. 620—M-45 12—M-54
E. CAMPBELL -I—H)
1122 „34 ,,,8 „62 AVENUE 4
o 1/76 1/94 1206 1222 /236 /250 0 -
n 1074 /088 1102
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r` �>I 1116 ;085 /095 1/15 i1;9 1/33 1/45 1/57 1/7/ /185 //99 /209 /227 /24/ 1" = 100'
BK 180 6059 1073 -o TRACT No. 1765 ARROYO GARDENS DRIVE
412 r o SECO 71-M-53
m P. M. ARROYO -°- 1084 /098 1110 1/24 !/36 //uU 1160 1174 !/9G /202 /2/2 /226
69 k 63.97 , 1 70 70 I 70 70 70 I 70 7O I 70 I 70 I 70 I 70 I 50 64 s\
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p 1.07 AC.NET III 251 26 27 28 29 30 ; 31 i 32 33 34 35 I 36 n; 37 „, Z.
DRIVE
I 0. — -I — �I I =I I I I =I a 16
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" 73 41 69.27 l 70 I ' - ! !- I I I 7126 10
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m T PCL. A r49J '° `° 1,0 76 PTN. LOT 7 -) >_
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Q a --- 166 --- —1r 3 oil 4 5 —T' 6 7 8
II _.. 9 I 10 MPCL.8 12 I 13 j 14 I l 15 f 16 ;m _
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N N1 I 52.97 — I 1 I I ��
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/049-5/ /055 /057 /07/ /085 //01 •7171 /17/ 1/85 1/99 !2/I /227 .o r{
1 EL SOLYO 1 1129 ;14.3 !/57 AVENUE M a
L_
TRACT No. 225 PM.435-M•45
R.O.S. 819/15 EL SOLYO TRACT •
7-M-51
O
IRA DET. AMP 707
LAWRENCE E. STONE - ASSESSOR
Cadastral map for assessment purposes only.
Compiled under R. & T. Code, Sec. 327.
Effective Roll Year 2017-2018
' /6 I ENGINEER'S CERTIFICATE
LAMS Of MARTIAN
`J• LANDS OF STES MINI 'IIIIIIIIIIIIIIIIIOIIMMIIIIIIIIIIIII4• I THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND BASED
4),- SOf°2,06"E atriums ___ j��f- UPON A FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS
-J�- ;O' �- 300.if r_ :CrJ�� OF THE SUBDIVISION MAP ACT Al THE REQUEST OF DENNY'S, INC.
B ♦E:•-
�3M
\ IN OCTOBER, 1975. I HEREBY CERTIFY THAT IT CONFORMS TO
� 0 n / LANDS OF STESAMINI c•'+��; THE APPROVED TENTATIVE MAP AND THE CONDITIONS OF APPROVAL
'_ _I w / `-"r I C£t,,- ' RAND LOCLTHAT
IALL
NCESHAVE BEENPROVISIONS
COMPLIEDTH APPLICABLE STATE LAW
l . et H !C1T LIMIT CAMPBELL I + Scale 1=40
4 o,�O^ wF-t �- 125.04--SOO°2P50"E �[90.00]--�it • WEE$ yyJ �l7 M •0mQ 5 SANITARY SEWER t: J, a ///
°• .- _ nd I /O,1,
� 'F MICHAEL . MAJV C.E. 24880
c.F. ,-. EASEMENT(8923 O.R.319, LOT? P.: ^ 4 O CL
6 e ' ••' _, 320 AND 321) 's ,. Zc 4, -2�a
ICITY LIMIT .1 '� A
R o LANDS OF SOZZA gl
4.
fi ' M `r: °' `• LEGEND& NOTES `� 7
r
e
I 30' 30' - ~ m .. `31 ALL DISTANCES AND DIMENSIONS '� 0FV\L
i X3,70 M1L ARE SHOWN IN FEET AND DECIMALS A>F OF'MO*
��� - - I L. THEREOF. THE BLUE BORDER LINE F
I 'No°2I SO"W ♦— . CI INDICATES THE BOUNDARY OF LAND CITY GINEER S CERTIFICATE
�• SUBDIVIDED BY THIS MAP. 5ROFESS,O
_`� I � �'' PARCEL A �r _ , �" M G "ti
�Y 'm 1.068 AC. # INDICATES SET 3/4" IRON PIPE THIS MAP CONFORMS WITH THE REQUIREMENTS OF THE SlF'N 'ti
l'J ,,, - �" '= A INDICATES FOUND CITY STANDARD MAP ACT AND LOCAL ORDINANCE. �7,c
�+ I ti {t O MONUMENT 2 • No.17950
T~ O N m M I I ' INDICATES FOUND 3/4" IRON //s/'�o
�' Z - Q • PIPE DATE •._O_ ,- E 179 4[
.: O to °m CITY ENGINEER- CITY '
•- I V Js, m Ti T E J INDICATES OF RECORD •�•,, �T,
W Q o S'PACIFIC GAS&ELECTRIC of •
F('l IF0R�
ll H 1..
EASE RENT�8B66 OR.GSP) I E- O
1 .-.I b AN EASEMENT FOR THE RECORDER'S
�;o I o I O INSTALLATION AND CERTIFICATE
I c MAINTENANCE OF A SINGLE
iii
n n I V)
LINE OF POLES AND RIGHTS '
I ggb. " I LANDS OF M0RTK0WIT{Z AS GRANTED TO THE
�/°p Q FILE NO.. .2 2 FEE $ o0
e I W PACIFIC GAS AND ELECTRIC
I� I Q z 4=3,0„,,,, I !LANDS OF FRAIZER COMPANY, A CORPORATION, FILED THIS DAY OF ro o. 1976 AT .9':X� , .M.
I IN BOOK 3 OF MAPS AT PAGE OF THE REQUEST OP
tR'2i•iE I BY INSTRUMENT DATED
* I L;31,+J I. J SEPTEMBER 4, 1918, 141.1 MICHAEL J. ORS.
N r 142.02 00,21'00"W - RECORDED SEPTEMBER 19,
1918 IN BOOK 474 OF Q I GEORGE A. MANN, COUNTY RECORDER
CI
I DEEDS, PAGE 559 '
I
CANNOT BE RELATED
TO THIS PROPERTY. } BY ,o<,-......,, e-,-O,,,e• DEPUTY•P fat
In 247 MAPS 40 _
IN
/ ,_NO°2700 w _ MONUMENT LINE_ /\ BASIS OF BEARING
(666.73)
BASCOM AVENUE �/
NORTH 89° 38' 10" EAST AS TAKEN FROM SOUTHERLY RIGHT
OF WAY LINE OF ARROYO SECO DRIVE AS SHOWN ON THAT
_ CERTAIN MAP ENTITLED "TRACT NO. 1765 ARROYO GARDENS"
WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE
RECORDER OF THE COUNTY OF SANTA(-IAA{, STATE OF CALIFORNIA
ON SEPTEMBER 25, 1956 IN BOOK 71 OF MAPS, PAGE 53.
OWNERS CERTIFICATE ACKNOWLEDGEMENT
STATE OF CALIFORNIA I SS
WE HEREBY CERTIFY THAT WE ARE THE OWNERS OF OR HAVE SOME COUNTY OF SANTA CLARA I
RIGHT, TITLE OR INTEREST IN AND TO THE REAL PROPERTY PARCEL MAPINCLUDED WITHIN THE SUBDIVISION SHOWN UPON THIS MAP)
ON THIS 7.1� DAY OF 1976, BEFORE ME, THE
WE ARE THE ONLY PERSONS WHOSE CONSENT IS NECESSARY UNDERSIGNED, A NOTARY UHLIC Z AND FOf SAID COUNTY AND
THAT
TO PASS A CLEAR TITLETO SAID REAL PROPERTY; THAT WE STATE, PERSONALLY APPEARED B Oho \4.i.IAND:5,SR.
HEREBY CONSENT TO THE MAKING AND RECORDING OF THIS MAP TO ME TO BE THE Uj C.C. /DCTI(- AND BEING A PORTION OF LOTS 7,8 OF THE SUB-
AND OFFER FOR DEDICATION TO PUBLIC USE ALL STREETS ROADS, KNOWN TO ME TO BE THE DIVION OF THE ESTATE OF A.JOHNSON RE-
AVENUES, DRIVES AND LANES OR PORTIONS THEREOF NOT HERETO- OF THE CORPORATION THAT CORDED IN BOOK A OF MAPS,PAOE37 AND A
PORE EXISTING, AS SHOWN UPON THIS MAP WITHIN SAID SUB_ EXECUTED THE WITHIN INSTRUMENT, KNOWN TO ME TO BE THE PORTION OF LOT 2,TRACK NO.225,EL SOLYO
DIVISION; THAT WE ALSO HEREBY OFFER FOR DEDICATION TO PERSONS RHO EXECUTED THE WITHIN INSTRUMENT ON BEHALF OF
PUBLIC USE EASEMENTS FOR ANY AND ALL PUBLIC UTILITY THE CORPORATION THEREIN NAMED, ACKNOWLEDGED TO ME THAT TRACK RECORDED IN BOOK 7 OF MAPS PAGE
FACILITIES OVER, UNDER AND UPON SAID STREETS AND SAID SUCH CORPORATION EXECUTED THE WITHIN INSTRUMENT PURSUANT 51 BOTH RECORDED IN THE COUNTY OF SANTA
PORTIONS THEREOF. TO ITS BY-LAWS OR A RESOLUTION OF ITS BOARD OF DIRECTORS CLARA.
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ifiliaity of San Jose,County of Santa Clara,County of Santa Cruz,Bureau of Land Management,Esri,HERE,Gem
Order Number:NCS-878287-SD
Page Number:1
hti
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First American Title Insurance Company
National Commercial Services
4380 La Jolla Village Drive, Suite 110
San Diego, CA 92122
Sarah King RECEIVED
Chick-fil-A, Inc.
15635 Alton Pkwy Ste 350
Irvine , CA 92618-7333 JUN 18 2018
Phone: (404)765-2523
CITY OF CAMPBELL
PLANNING DEPT.
Customer Reference: South Bascom Avenue and Arroyo Seco Drive FSU-
Cam
Title Officer: Trixy Brown Janice Treanor
Phone: (858)410-2151
Email: trixybrown@firstam.com
Buyer: Chick-fil-A, Inc
Owner: Commercial Net Lease Rlty Lp
Property: 2060 South Bascom Avenue, Campbell, CA
PRELIMINARY REPORT
In response to the above referenced application for a policy of title insurance,this company hereby reports that it is prepared to issue,or
cause to be issued,as of the date hereof,a Policy or Policies of Title Insurance describing the land and the estate or interest therein
hereinafter set forth,insuring against loss which may be sustained by reason of any defect,lien or encumbrance not shown or referred to as
an Exception below or not excluded from coverage pursuant to the printed Schedules,Conditions and Stipulations of said Policy forms.
The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit A
attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the
arbitration clause,all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the
parties.Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible
Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit A.Copies of the policy forms should be
read.They are available from the office which issued this report.
Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this
report carefully.The exceptions and exclusions are meant to provide you with notice of matters which are not covered
under the terms of the title insurance policy and should be carefully considered.
First American Title Insurance Company
Order Number:NCS-878287-SD
Page Number:2
It is important to note that this preliminary report is not a written representation as to the condition of title and may not
list all liens,defects,and encumbrances affecting title to the land.
This report(and any supplements or amendments hereto)is issued solely for the purpose of facilitating the issuance of a policy of title
insurance and no liability is assumed hereby.If it is desired that liability be assumed prior to the issuance of a policy of title insurance,a
Binder or Commitment should be requested.
First American Title Insurance Company
Order Number:NCS-878287-SD
Page Number:3
Dated as of November 02, 2017 at 7:30 A.M.
The form of Policy of title insurance contemplated by this report is:
ALTA Extended Leasehold Owners Policy
A specific request should be made if another form or additional coverage is desired.
Title to said estate or interest at the date hereof is vested in:
Commercial Net Lease Realty, LP, a Delaware limited partnership
The estate or interest in the land hereinafter described or referred to covered by this Report is:
FEE
The Land referred to herein is described as follows:
(See attached Legal Description)
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said
policy form would be as follows:
1. General and special taxes and assessments for the fiscal year 2017-2018.
First Installment: $27,113.87, OPEN
Penalty: $0.00
Second Installment: $27,113.87, OPEN
Penalty: $0.00
Tax Rate Area: 10-001
A. P. No.: 288-08-073
(Portion of Community Facilities District included)
2. 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.
3. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with
Section 75 of the California Revenue and Taxation Code.
4. An easement for sanitary sewer and incidental purposes in the document recorded as Book B
923, Page 319, 320 and 321 of Official Records.
5. An easement for installation and maintenance of a single line of poles and rights and incidental
purposes, recorded September 19, 1918 in Book 474 of Deeds, Page 559.
First American Title Insurance Company
Order Number:NCS-878287-SD
Page Number:4
In Favor of: Pacific Gas and Electric Company, a corporation
Affects: as described therein
The location of the easement cannot be determined from record information.
6. An easement for to construct, place, inspect, maintain, operate, replace and remove facilities
consisting of underground conduits, pipes, manholes, service boxes, wires, cables and other
electrical conductors; above ground marker posts, risers and service pedestals, underground
switches, fuses, terminals and transformers with associated concrete pads; and fixtures and
appurtenances necessary to any and all thereof, together with a right of way therefore and the
right of ingress thereto and egress therefrom and incidental purposes, recorded March 23, 1970
as Book 8866, Page 622 of Official Records.
In Favor of: Pacific Gas and Electric Company, a corporation
Affects: as described therein
7. An easement for communication facilities and incidental purposes, recorded November 10, 1998
as Instrument No. 14496507 of Official Records.
In Favor of: Pacific Bell
Affects: as described therein
8. Survey prepared by The Mattews Company, dated September 2006, under Job No. 29169, shows
the following:
a) building overlaps setback line.
9. Any claim that the Title is subject to a trust or lien created under The Perishable Agricultural
Commodities Act, 1930 (7 U.S.C. §§499a, et seq.) or the Packers and Stockyards Act (7 U.S.C.
§§181 et seq.) or under similar state laws.
10. An ALTA/NSPS survey of recent date which complies with the current minimum standard detail
requirements for ALTA/NSPS land title surveys.
11. Any facts, rights, interests or claims which would be disclosed by a correct ALTA/NSPS survey.
12. Rights of parties in possession.
First American Title Insurance Company
Order Number:NCS-878287-SD
Page Number:5
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 2060 South Bascom
Avenue, Campbell, CA.
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.
4. Should this report be used to facilitate your transaction, we must be provided with the following
prior to the issuance of the policy:
A. WITH RESPECT TO A CORPORATION:
1. A certificate of good standing of recent date issued by the Secretary of State of the corporation's
state of domicile.
2. A certificate copy of a resolution of the Board of Directors authorizing the contemplated
transaction and designating which corporate officers shall have the power to execute on behalf of
the corporation.
3. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise
Tax Board of the State of California.
4. Requirements which the Company may impose following its review of the above material and
other information which the Company may require.
B. WITH RESPECT TO A CALIFORNIA LIMITED PARTNERSHIP:
1. A certified copy of the certificate of limited partnership (form LP-1) and any amendments thereto
(form LP-2) to be recorded in the public records;
2. A full copy of the partnership agreement and any amendments;
3. Satisfactory evidence of the consent of a majority in interest of the limited partners to the
contemplated transaction;
4. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise
Tax Board of the State of California.
5. Requirements which the Company may impose following its review of the above material and
other information which the Company may require.
C. WITH RESPECT TO A FOREIGN LIMITED PARTNERSHIP:
1. A certified copy of the application for registration, foreign limited partnership (form LP-5) and any
amendments thereto (form LP-6) to be recorded in the public records;
2. A full copy of the partnership agreement and any amendment;
3. Satisfactory evidence of the consent of a majority in interest of the limited partners to the
contemplated transaction;
First American Title Insurance Company
Order Number:NCS-878287-SD
Page Number:6
4. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise
Tax Board of the State of California.
5. Requirements which the Company may impose following its review of the above material and
other information which the Company may require.
D. WITH RESPECT TO A GENERAL PARTNERSHIP:
1. A certified copy of a statement of partnership authority pursuant to Section 16303 of the
California Corporation Code (form GP-I), executed by at least two partners, and a certified copy
of any amendments to such statement (form GP-7), to be recorded in the public records;
2. A full copy of the partnership agreement and any amendments;
3. Requirements which the Company may impose following its review of the above material required
herein and other information which the Company may require.
E. WITH RESPECT TO A LIMITED LIABILITY COMPANY:
1. A copy of its operating agreement and any amendments thereto;
2. If it is a California limited liability company, a certified copy of its articles of organization (LLC-1)
and any certificate of correction (LLC-11), certificate of amendment (LLC-2), or restatement of
articles of organization (LLC-10) to be recorded in the public records;
3. If it is a foreign limited liability company, a certified copy of its application for registration (LLC-5)
to be recorded in the public records;
4. With respect to any deed, deed of trust, lease, subordination agreement or other document or
instrument executed by such limited liability company and presented for recordation by the
Company or upon which the Company is asked to rely, such document or instrument must be
executed in accordance with one of the following, as appropriate:
(i) If the limited liability company properly operates through officers appointed or elected
pursuant to the terms of a written operating agreement, such documents must be executed
by at least two duly elected or appointed officers, as follows: the chairman of the board, the
president or any vice president, and any secretary, assistant secretary, the chief financial
officer or any assistant treasurer;
(ii) If the limited liability company properly operates through a manager or managers identified in
the articles of organization and/or duly elected pursuant to the terms of a written operating
agreement, such document must be executed by at least two such managers or by one
manager if the limited liability company properly operates with the existence of only one
manager.
5. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise
Tax Board of the State of California.
6. Requirements which the Company may impose following its review of the above material and
other information which the Company may require.
F. WITH RESPECT TO A TRUST:
1. A certification pursuant to Section 18100.5 of the California Probate Code in a form satisfactory to
the Company.
2. Copies of those excerpts from the original trust documents and amendments thereto which
designate the trustee and confer upon the trustee the power to act in the pending transaction.
3. Other requirements which the Company may impose following its review of the material require
herein and other information which the Company may require.
G. WITH RESPECT TO INDIVIDUALS:
1. A statement of information.
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
First American Title Insurance Company
Order Number:NCS-878287-SD
Page Number:7
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.
First American Title Insurance Company
Order Number:NCS-878287-SD
Page Number:8
LEGAL DESCRIPTION
Real property in the City of Campbell, County of Santa Clara, State of California, described as
follows:
PARCEL A, AS SHOWN ON THAT CERTAIN PARCEL MAP RECORDED MARCH 31, 1976 IN BOOK
369, PAGE 24 OF MAPS, RECORDS OF SANTA CLARA COUNTY, CALIFORNIA.
APN: 288-08-073
First American Title Insurance Company
Order Number:NCS-878287-SD
•
Page Number:9
NOTICE I
Section 12413.1 of the California Insurance Code,effective January 1, 1990, requires that any title insurance company, underwritten title company,or
controlled escrow company handling funds in an escrow or sub-escrow capacity,wait a specified number of days after depositing funds,before
recording any documents in connection with the transaction or disbursing funds.This statute allows for funds deposited by wire transfer to be
disbursed the same day as deposit.In the case of cashier's checks or certified checks,funds may be disbursed the next day after deposit.In order to
avoid unnecessary delays of three to seven days,or more,please use wire transfer,cashier's checks,or certified checks whenever possible.
If you have any questions about the effect of this new law,please contact your local First American Office for more details.
NOTICE II
As of January 1, 1991,if the transaction which is the subject of this report will be a sale,you as a party to the transaction,may have certain tax
reporting and withholding obligations pursuant to the state law referred to below:
In accordance with Sections 18662 and 18668 of the Revenue and Taxation Code,a buyer may be required to withhold an amount equal to three and
one-third percent of the sales price in the case of the disposition of California real property interest by either:
1. A seller who is an individual with a last known street address outside of California or when the disbursement instructions authorize the
proceeds be sent to a financial intermediary of the seller,OR
2. A corporate seller which has no permanent place of business in California.
The buyer may become subject to penalty for failure to withhold an amount equal to the greater of 10 percent of the amount required to be withheld
or five hundred dollars($500).
However,notwithstanding any other provision included in the California statutes referenced above,no buyer will be required to withhold any amount or
be subject to penalty for failure to withhold if:
1. The sales price of the California real property conveyed does not exceed one hundred thousand dollars($100,000),OR
2. The seller executes a written certificate,under the penalty of perjury,certifying that the seller is a resident of California,or if a corporation,
has a permanent place of business in California,OR
3. The seller,who is an individual,executes a written certificate,under the penalty of perjury,that the California real property being conveyed
is the seller's principal residence(as defined in Section 1034 of the Internal Revenue Code).
The seller is subject to penalty for knowingly filing a fraudulent certificate for the purpose of avoiding the withholding requirement.
The California statutes referenced above include provisions which authorize the Franchise Tax Board to grant reduced withholding and waivers from
withholding on a case-by-case basis.
The parties to this transaction should seek an attorney's,accountant's,or other tax specialist's opinion concerning the effect of this law on this
transaction and should not act on any statements made or omitted by the escrow or closing officer.
The Seller May Request a Waiver by Contacting:
Franchise Tax Board
Withhold at Source Unit
P.O.Box 651
Sacramento,CA 95812-0651
(916)845-4900
First American Title Insurance Company
Order Number:NCS-878287-SD
Page Number:10
Privacy Policy
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 parent company, The
First American Corporation, 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 which 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, a copy of which can be found on our website at www.firstam.com.
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.
First American Title Insurance Company
Order Number:NCS-878287-SD
Page Number:11
CLTA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE(02-03-10)
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 those portions of any law or government regulation concerning:
(a)building; (d)improvements on the Land;
(b)zoning; (e)land division;and
(c)land use; (f)environmental protection.
This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19,20,23 or 27.
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 limit the coverage described in Covered Risk 14 or 15.
3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17.
4. Risks:
(a)that are created,allowed,or agreed to by You,whether or not they are recorded in the Public Records;
(b)that are Known to You at the Policy Date, but not to Us,unless they are recorded 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.e.,25,26,27 or 28.
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 21.
7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy,state
insolvency,or similar creditors'rights laws.
LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: For Covered Risk 16, 18, 19,and 21
Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.
Your Deductible Amount Our Maximum Dollar
Limit of Liability
Covered Risk 16: 1%of Policy Amount or$2,500.00(whichever is less) $10,000.00
Covered Risk 18: 1%of Policy Amount or$5,000.00(whichever is less) $25,000.00
Covered Risk 19: 1%of Policy Amount or$5,000.00(whichever is less) $25,000.00
Covered Risk 21: 1%of Policy Amount or$2,500.00(whichever is less) $5,000.00
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
First American Title Insurance Company
Order Number:NCS-878287-SD
•
Page Number:12
(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.
2006 ALTA LOAN POLICY(06-17-06)
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 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.e.ivironmental 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).
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage,the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)that arise by reason of:
First American Title Insurance Company
Order Number:NCS-878287-SD
Page Number:13
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.
6. Any lien or right to a lien for services, labor or material not shown by the public records.
2006 ALTA OWNER'S POLICY(06-17-06)
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 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 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.
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage,the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)that arise by reason of:
First American Title Insurance Company
Order Number:NCS-878287-SD
Page Number:14
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.
6. Any lien or right to a lien for services, labor or material not shown by the public records.
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY(07-26-10)
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 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, 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 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. 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 governmental 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.
9. 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 27(b)of this policy.
First American Title Insurance Company