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HomeMy WebLinkAbout2060 S. Bascom Ave. RECEIVED JUN 1 2018 k� Fl 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 rrorksq�y/w 2o18 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: J:\LandDev\Conditions\Ping\Bascom S 2060 September 2018.docx Page 2 of 5 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 SAN FRANCSICO r a: z ► ,II ..4 PALO 12 ALTO MILPITAS z +•='' MOUNTAIN 4..+ E', VIEW - z. p • •' LOS ''.44,,4,.*- o TOS P 'SUNNYVALE '''''''''AL � I 14 OS ALTOS +� ❑ f �°, �, \,..,,, �py�,\ °ti HILLS - ', .S °`.,,.h � SANTA CLARA I V. r�s it �'1 11 d SAN JOSE 1 D :4 ,,, 1' Q \ . PALO $ •r q`7' �4� r ' 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 ,...<ill ,` - l } I %r te ,' 11 Overview of the property facing East on Bascom Avenue 1 ,, ,r,CO DR .tlr, 40" Ae1,17111aha, \' , 4111 - ,� , 4, w 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'� - - s C&G: 2' PS: 5' /' SWK: 4.5' / vY .- i Sidewalk view facing North on Bascom —7/-77-1 /--// ' , . , F :, _',. iy ` ._-ten �_�w �ie - I .! � �5� b ,, ....... K / \ gSC. kr..r7h L..r SWK:4.5' PS: 5' \\N 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 r �_ 00• w.,• ,i if lam-` ,. 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, r. TM . .�. _ o r"P%OR _ ;I -..-401*- p6My I ROW: 120' i, j C Bascom Avenue Street view facing North..,,N.„4 ...i.; .. as r ... � _ � ti .1>r•. zlllr�l _�i � I lip 1� 1 ,4,.. „.._ . _ .__ illi 11 Jp8pl , ,, - ......... !f - MLUIU III,IIIIIIII . , ROW: 60' 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 1062 4 /_ 252.79 --� 75 I 75 I 75 I 75 I 75 I 75 75 75 75 I 75 75 I 75 I 55.16 30 4, I I I I I I I I I 92' xo I I I I I I I 1 I I LIJ N 80 57 el 58 1 59 el 60 °I, 61 E 62 NI 63 ;vi 64 NI 65 NI 66 I 'i 67 r1 68 N 69 ^* o a: I �I -I I vI —I �I vi �l —I --I :-I'd N I Z N N 38,792sf i sr —1 —I -1 —I — I I I I I I l F— il\ I 1 I ( Q : O PTN. PCL. 1 4 I 5 I 6 I 7 I 8 I 9 i 10 j 11 i 12 13 14 15 i 16 �N� L ••• I L 75.ea I F— —NY — 272.89 I 70 I 1 70 I I ' I I I I I 1 J i (.1) S 9 2.96 191 71.9175.65 73' N � PTN. 15 j 14 13 12 11 10 9 8 i 7 6 i 5 I 4 I 3 I 2 I 1 R, 14,348sf 79 ml I I I I i I I I 1 0l PCL. 1 I of0. I �. r1 NI 50 =1 49 48 I 47 1 46 45 . 44 43 i 42 41 40 i 39 38 6 ` 200 52 �1 51 'I I i I I I I I h � I I I I I I I 1 I N 53 a' 1 70.1E 70 70 I 70 ' 70 70 1 70 1 70 I 70 , 70 , 70 1 70 1 56.28 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\ _-__ 0369-M-24 1 I Is I I I I4 ARROYO SECO I ,�� I , I l I I 0- 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 I'' o �r 16 1 17 1 18 19 I 20 j 21 22 23 24 25 I 26 27 1 28 I 29 iz " 73 41 69.27 l 70 I ' - ! !- I I I 7126 10 147 145.87 ... I i--- J 145.56 I- O T72.97 _-- ;� PCL.A 1 ov" z 1 • Z N " d0.33AC. e O m T PCL. A r49J '° `° 1,0 76 PTN. LOT 7 -) >_ OU O i�e6___ _.._ .._ .._ -s--• — 72_90 A ---- ----- ---— •-- ---r_o 72.56ZsIa Q 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 _ CO 0 N., N N1 I 52.97 — I 1 I I �� CO s o 20IA 16 151 14 13 1 12 1 11 10 Pl 9 I 8 .PTN gL 6 I 5 I 4 I 3 oIM 2 CO I(0 aI� I I o-1 I 1- - (n 166 1`° — ^I— 1 1 1 I o 77 g I 1 I 0 0 Io 18 1 vl I I I I 1 — I c'' °t 19 1 �' I I I I I I I 0.15 AC N m 30, 73' 0. SI (42) (31) I 1 I I I l 7.82 rci N �O 146 I 73 1 41.98 30.99i 73 I 73 I 73 I 73 I 73 I 73 1 73 _ 52.97 1515 73 1 73 t 73 I 1 73 � /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. AS OWNERS.AS OWNERS: DENNY:5 4/1.1CCITY OF CAMPBELL,CALIFORNIA WITNESS MY HAND AND OFFICIAL SEAL A CA27FORN/A CCARF•e0U7/ON MICHAEL J. MAJORS fI� Vic 0 ![Y COMMISSION EXPIRES CIVIL ENGINEER 'Q i2E5(J �� _ 3195 DANVILLE BLVD.ALAMO,CALIFORNIA OFFICIAL SEAL 94507 820-2423 ..jj _. r-.---- L*ALYYNN W. PETTY STTM PA m,g.w onmA N Y PUBLIC FOR yyyy, i o IDs ors�«. T COUNTY A CLARA, Sheet 1 of 1 Y ft mm.moires 1°x 9.Isn ATE OF CALIFORNIA / It -_._ .... --- -•- --- *-- --- w...,. ..... ....+x.. W r _ ": amend WO3se - -- - -- O O __ .... O A y:-- -"'.-------I-- --6 _--II I I ir-___ 1. ' Cr -I*4.i 7 ! O \ ,45: \ 1 I .... PI" PIFY qg ti. r , \\.\\Itc‘ 6 In i illimillw ,, 4% ‘, 4 \ 4.,,k "A\k"\:..,,,..\\‘„,1/4,sts.,- .0„,,,,„ O 64 k. ' ' 1 r , 4.* s. Nsz,s,-,:,,,,7\Nks 4.. 1 . I w ,Firl Ill — ----1 ,ss.\.\\\\\xx,.,„.,,,,,m,.my ...1 0 N.0,......, map ... _ II I C IMP # I 1 I IP"... 411 - A 1I- r-1 ,i�, I I I — te r 1 _II I I r 1417 401 15ZL t DPI II 4. 11 g K - ` lk 0 it A k ,,,.. ,.1 I .1.4../ I 1 Ill • Drain System with Web AppBuilder for ArcGIS by Santa Clara County ISD-GIS ~ FEWTRELL DR e N . = a a a, ieN.C41 21"RCP 015109) 18"RCP(P61-4) II, Q2,. 21"RCP(115109)(Lt 15"RCP(P89-87)--4 _-Y J t' .. ^ 12"PVC 1P89-571 E CAMPBELL AVE U 4z C up n a p r Ucc Q ce r"'..-15"RCP(LID 9) a • le‹i 7 SEC n riR • UNION PL ` 10 i1 4,45 q N E v 1 :- J. EL SOLYO AVE 10"NIA 18"NIA h.1R_HACL " t SHADY CALF AVE SHADY DALE AVE 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 nZ- 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