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Site & Arch/Parcel Map - 2000 CITY OF CAMPBELL Community Development Department February 15,2001 Mr. Brock Grayson Ware & Malcomb Architects Inc. 5000 Executive Parkway, # 298 San Ramon, CA 94583 Re: Planning Division Final (PLN 2000-25) Vasona Tech Park 200-250 E. Hacienda Ave. Dear Mr. Grayson: The Planning Division conducted a final review of the landscaping and buildings on the above referenced property in light of your site and architectural approval. Based upon this inspection the following deficiencies were noted: 1) Parking spaces need to be striped with minimum four inch white lines in accordance with the approved site plan. Any compact and disabled spaces need to be identified appropriately. Various portions of the parking area have not been restriped or the parking markings have not been maintained. The parking area needs to be resurfaced and restriped. 2) Numerous areas through the parking area have been trenched and drainage problems are apparent. The resurfacing and patching of the parking area is recommended to achieve a functional drainage pattern. 3) The parking area needs a finishing pavement section to seal trenches and eliminate ponding. 4) Decorative pavement sections have not been completely installed. 5) Concrete has been installed in the proposed sodded area adjacent to Hal Computer. 6) The cun'ent trash enclosure areas are not maintained and are in a state of disrepair. 7) The new signing program has not been installed and various lease signs and existing unapproved signs are installed on the site. 8) Public sidewalks have not been installed. These item are those identified by the Planning Division and do not include those completeness items identified by other divisions or departments. Please contact the undersigned if you should have a questions regarding these items and to request a reinspection. I may be reached at (408) 866-2144. Sincerely, Tim J. Haley Associate Planner cc: Frank Mills, Building Division Lynn Penoyer, Public Works Department Legacy Partners - RECP II Hacienda OPCO 70 North First Street · Campbell, California 95008-1436 · TEL 408.866.2140 · ~:,&X 408.866.8381 . TDD 408.866.2790 RECORDING REQUESTED BY, AND WHEN RECORDED, MAIL TO LEGACY-RECP II HACIENDA OPOC, LLC c/o Washburn, Briscoe & McCarthy Attorneys at Law 55 Francisco Street, Suite 600 San Francisco, California 94133 Attn: Richard H. Rosenthal, Esq. Above Space For Recorder's Use Only Doc~: 15439625 10/30/2000 2:29 PM DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VASONA TECHNOLOGY PARK Table of Contents RECITALS ............................................................................................................................... 1 ARTICLE I: DEFINITIONS .......................................................................................................... 3 ARTICLE Section 2.1 Section 2.2 Section 2.3 Section 2.4 Section 2.5 ARTICLE III: Section 3.1 Section 3.2 Section 3.3 Section 3.4 Section 3.5 II: MEMBERSHIP ........................................................................................................ 8 Membership ........................................................................................................... 8 Transfer ................................................................................................................... 9 Voting Rights of Declarant and Affiliated Entity ............................................. 9 Voting Rights of Members ................................................................................... 9 Approvals and Consents ...................................................................................... 9 ASSESSMENT ...................................................................................................... 9 Creation of the Lien and Personal Obligation of Assessments .................... 10 Purpose of Assessments ..................................................................................... 10 Regular Assessments .......................................................................................... 10 Capital Improvement Assessments .................................................................. 10 Allocation of Assessments ................................................................................. 10 67380v3 -i- 8/28/2000 Section 3.6 Certificate of Payment ........................................................................................ 11 Section 3.7 Ex~-mpt Property ................................................................................................. 11 Section 3.8 Special Assessments ............................................................................................ 11 Section 3.9 Date of Commencement of Regular Assessments .......................................... 11 Section 3.10 Section 3.11 Section 3.12 ARTICLE IV: Section 4.1 Section 4.2 Section 4.3 Section 4.4 Section 4.5 ARTICLE V: Section 5.1 Section 5.2 Section 5.3 Section 5.4 Section 5.5 Section 5.6 Section 5.7 Section 5.8 Section Section Section ARTICLE VI: Section 6.1 Section 6.2 Section 6.3 Section 6.4 Section 6.5 Section 6.6 Section 6.7 ARTICLE Section Section Section Section ARTICLE No Offsets .......................................................................................................... 11 Reserves ............................................................................................................. 12 Limitations on Assessments ........................................................................... 12 NONPAYMENT OF ASSESSMENTS ............................................................. 12 Delinquency ................................................................................................... i ..... 12 Notice of Delinquent Assessment ..................................................................... 13 Foreclosure Sale ................................................................................................... 13 Curing of Default ................................................................................................ 13 Reassessment of the Members .......................................................................... 14 ARCHITECTURAL CONTROL ........................................................................ 14 Appointment of Architectural Committee ...................................................... 14 General Provisions .............................................................................................. 14 Approval and Conformity of Plans .................................................................. 15 Nonliability for Approval of Plans ................................................................... 16 Appeal ................................................................................................................... 16 Inspection and Recording of Approval ........................................................... 16 Subterranean Improvements ............................................................................. 17 Compliance with Laws ....................................................................................... 17 5.9 Completion of Work ........................................................................................... 17 5.10 Regulation of Improvements .......................................................................... 18 5.11 Signs and Lighting ........................................................................................... 18 DUTIES AND POWERS OF THE ASSOCIATION ....................................... 18 General Duties and Powers ............................................................................... 19 General Duties of the Association .................................................................... 19 General Powers of the Association ................................................................... 19 Association Rules ................................................................................................ 20 Delegation of Powers .......................................................................................... 20 Emergency Powers ............................................................................................. 20 Waiver Against Declarant and Affiliated Entity ............................................ 20 VII: REPAIR AND MAINTENANCE ................................................................... 21 7.1 Repair and Maintenance by Association ......................................................... 21 7.2 Repair and Maintenance by Owner ................................................................. 22 7.3 Right of Entry ...................................................................................................... 23 7.4 Maintenance of Public Utilities ......................................................................... 23 VIII: INSURANCE ................................................................................................... 23 67380v3 -ii- 8/28/2000 Section 8.1 Section 8.2 Section 8.3 Section 8.4 Section 8.5 Section 8.6 Section 8.7 ARTICLE Duty to Obtain Insurance; Types ...................................................................... 23 Right and Duty of Owners to Insure ................................................................ 23 Notice of Expiration ............................................................................................ 24 Premiums ............................................................................................................. 24 Trustee for Policies .............................................................................................. 24 Actions as Trustee ............................................................................................... 25 Required Waiver ................................................................................................. 25 IX: [RESERVED] ....................................................................................................... 25 ARTICLE X: EMINENT DOMAIN .......................................................................................... 25 ARTICLE Section Section Section Section Section Section Section Section ARTICLE XII: Section 12.1 Section 10.1 Definition of Taking ......................................................................................... 25 Section 10.2 Representation by Association in Condemnation Proceedings ................ 26 Section 10.3 Award for Takings ........................................................................................... 26 Section 10.4 Condemnation of Owner's Improvements .................................................. 26 Section 10.5 Reallocation Following Condemnation ........................................................ 26 XI: USE RESTRICTIONS ......................................................................................... 26 11.1 Permitted Uses .................................................................................................. 27 11.2 Other Operations and Uses ............................................................................ 27 11.3 Nuisances .......................................................................................................... 27 11.4 Temporary Structures ...................................................................................... 28 11.5 Vehicles .............................................................................................................. 28 11.6 Antennae and Other Roof Structure .............................................................. 29 11.7 Window Covers ....................................................................... : ........................ 29 11.8 Drainage ............................................................................................................ 29 EASEMENTS ..................................................................................................... 30 Reservation of Easements ............................................................................... 30 Section 12.2 Certain Rights and Easements Reserved to Declarant and Affiliated Entity and Owners .................................................................................................................. 31 Section 12.3 Certain Easements for Association ................................................................ 31 Section 12.4 Relationship Between Easements .................................................................. 32 ARTICLE XIII: RIGHTS OF MORTGAGEES ......................................................................... 32 Section 13.1 Filing Notice; Notices and Approvals ........................................................... 32 Section 13.2 Priority of Mortgage Lien ............................................................................... 32 Section 13.3 Curing Defaults ................................................................................................ 29 Section 13.4 Resale ................................................................................................................. 29 Section 13.5 Relationship with Assessment Liens ............................................................. 29 Section 13.6 Other Rights of Mortgagees ............................................................................ 29 Section 13.7 Mortgagees Furnishing Information ............................................................. 34 Section 13.8 Conflicts ............................................................................................................. 34 ARTICLE XIV: PROTECTION OF THE PROJECT FROM LIENS ...................................... 34 67380v3 8/28/2000 -iii- Section 14.1 Section 14.2 Section 14.3 Section 14.4 ARTICLE XV: Section 15.1 Section 15.2 Section 15.3 Section 15.4 Section 15.5 Section 15.6 ARTICLE XVI: Section 16.1 Section 16.2 Section 16.3 Section 16.4 Section 16.5 Section 16.6 Section 16.7 Section 16.8 Section 16.9 Section 16.10 Section 16.11 Section 16.12 Section 16.13 Section 16.14 Section 16.15 Section 16.16 Section 16.17 Section 16.18 Section 16.19 Section 16.20 Section 16.21 Section 16.22 Section 16.23 Association to Defend Certain Actions ......................................................... 34 I~iyment of Lien ................................................................................................ 34 Owners to be Specially Assessed ................................................................... 34 Reimbursement by Certain Owners .............................................................. 34 INTEGRATED NATURE OF THE PROPERTY ........................................... 35 Annexation ........................................................................................................ 35 Supplemental Declarations ............................................................................. 35 Annexation Without Approval and Pursuant to General Plan ................. 35 Annexation Pursuant to Approval .......................................................... i ..... 36 Limitation Upon Annexation ......................................................................... 36 Reallocation of Assessments ........................................................................... 36 GENERAL PROVISIONS .............................................................................. 36 Enforcement ...................................................................................................... 36 No Waiver ......................................................................................................... 37 Cumulative Remedies ..................................................................................... 37 Severability ........................................................................................................ 37 Covenants to Run with the Land; Term ........................................................ 37 Construction ...................................................................................................... 37 Singular Includes Plural .................................................................................. 37 Nuisance ............................................................................................................ 37 Attorneys' Fees ................................................................................................. 38 Notices ............................................................................................................. 38 Exempted Improvements .............................................................................. 38 Effect of Declaration ....................................................................................... 38 Personal Covenant ......................................................................................... 38 Nonliability of Officials ................................................................................. 39 Leases ............................................................................................................... 39 Construction by Declarant and Affiliated Entity ...................................... 39 Amendments; Repeal ..................................................................................... 39 Estoppel Certificates ...................................................................................... 40 Constructive Notice and Acceptance .......................................................... 41 Planned Development ................................................................................... 41 Limitation of Liability .................................................................................... 41 Rights/Obligations ........................................................................................ 41 Governing Law ............................................................................................... 42 67380v3 -iV- 8/28/2000 DECLARATION OF C_OVENANTS, CONDITIONS AND RESTRICTIONS FOR VASONA TECHNOLOGY PARK THIS DECLARATION is made this __ day of ,2000, by LEGACY-RECP II HACIENDA OPCO, LLC, a Delaware limited liability company ("Declarant"). RECITALS A. Declarant is the fee owners of those certain Parcels of real property located in the City of Campbell, County of Santa Clara, State of California, described in Exhibit "A" to this Declaration ("Property"), and the real property which may from time to time be annexed and become a part of the Property. This Declaration is being imposed by Declarant upon the Property. B. Declarant has deemed it desirable to establish certain covenants, conditions, and restrictions upon the Property and each and every portion thereof, which will constitute a general scheme for the maintenance, management, and development on an integrated basis of the Property and for the use, occupancy, and enjoyment thereof. C. It is desirable for the efficient management of the Property and the preservation of the value, desirability, and attractiveness of the Property to create a corporation to which should be delegated and assigned the powers of managing and administering certain portions of the Property and administering and enforcing these covenants, conditions, and restrictions and collecting and distributing funds pursuant to the assessments and charges hereinafter created and referred to, and to perform such other acts as shall generally benefit the Property. D. Vasona Technology Park Owners' Association, a nonprofit mutual benefit corporation, will be incorporated under the laws of the State of California for the purpose of exercising the powers and functions aforesaid. E. Declarant will hereafter hold and convey title to all of the Property subject to certain protective covenants, conditions, and restrictions hereafter set forth. NOW, THEREFORE, Declarant hereby covenants, agrees, and declares that the Property shall be held and conveyed subject to the following covenants, conditions, restrictions, and easements, which are hereby declared to be for the benefit of the Property and the owners, their successors, and assigns. These covenants, conditions, restrictions, and easements shall run with the land and shall be binding upon all parties having or acquiring any right or title in the Property or any part thereof, shall inure to 1 67380v3 8/28/2000 the benefit of each Owner thereof, and are imposed upon every part of the Property as a servitude in favor of each and every Lot as the dominant tenement or tenements. 2 67380V3 8/28/2000 : ARTICLE I DEFINITIONS Unless the context clearly indicates otherwise, the following terms used in this Declaration are defined as follows: "Architectural Committee" shall mean the committee or committees provided for in Article V herein, entitled "Architectural Control." "Architectural Standards" shall mean the architectural standards adopted and promulgated by the Board from time to time to govern the architectural standards which are to be applicable to the erection, construction, placement or alteration of Improvements on the Property. "Articles" and "By-laws" shall mean the Articles of Incorporation and By-laws of the Association as the same may from time to time be duly amended. In the event of any conflict between the Articles, the By-laws, and this Declaration, the provisions of this Declaration shall control. "Assessment" shall have the following-meanings as hereinafter defined: "Regular Assessment" shall mean the amount that is to be paid by each Owner to the Association for Common Expenses. "Capital Improvement Assessment" shall mean a charge against each Owner and each Owner's Lot representing a portion of the cost to the Association for the construction or installation (other than due to partial or total destruction) of any existing or future Capital Improvements. "Reconstruction Assessment" shall mean a charge against each Owner and each Owner's Lot representing a portion of the cost to the Association in excess of any insurance proceeds applicable thereto, to restore and make extraordinary repairs to any Capital Improvements, in the event of total or partial destruction. "Special Assessment(s)" shall mean a charge as defined in Section 3.8. "Association" shall mean Vasona Technology Park Owners' Association, a nonprofit mutual benefit corporation, incorporated under the laws of the State of California, its successors and its assigns. "Association Rules" shall mean rules adopted by the Association pursuant to Article VI herein, entitled "Duties and Powers of the Association." 3 67380v3 8/28/2000 "Board" shall mean the Board of Directors of the Association. "Building" shall mean any structural improvement on any Lot which is enclosed by exterior walls, floor, and roof and which is primarily intended for human occupancy. "Building" shall not mean utility vaults or other enclosed utility facilities. "Building Square Footage" shall mean the total gross square footage of any and all Buildings on a Lot, and without deduction therefrom for square footage which is customarily deemed in the real estate and/or leasing profession in the state of California as "non-rental square footage" or "non-rentable space." As used herein the total gross square footage of a Building shall consist of the total square footage within the exterior walls of each floor of the Building, less the square footage of any structures which protrude from the plane formed by the exterior walls of the Building, including without limitation, roof overhangs, loading docks, and truck aprons, if any. "Capital Improvements" shall mean improvements owned, installed or constructed by the Association within any portion of the Property for the benefit of the Property and/or the Members, or any improvement installed or constructed by the Declarant on behalf of the Association, an Owner or the City and in furtherance of the purposes hereof for the improvement and benefit of the Property and/or the Members, including, without limitation, landscaping, waterlines and appurtenant facilities, sewer lines and appurtenant facilities, electrical and gas distribution lines and appurtenant facilities, storm drain lines and appurtenant facilities, storm water detention basins and related facilities, parking facilities, walkways, fences, hedges, poles, signs, par courses, jogging trails and facilities and public and private recreational facilities, and any other improvements the Association may reasonably authorize from time to time pursuant to the terms of this Declaration, the Articles and By-laws. "City" shall mean the City of Campbell, California. "Common Area" or "Common Areas" shall mean the portion of the Property over which the Declarant, Owners and/or the Association have mutual rights or obligations of use, beneficial enjoyment or maintenance pursuant to the terms of this Declaration, the conditions of approval of any final map or any other governmental approval of the use of the Property. The location of the initial Common Areas within the Property that are subject to this Declaration are identified on Exhibit B, hereto. "Common Expenses" shall mean the actual and estimated costs of: (a) costs of management and administration of the Association including, but not limited to, compensation and all fringe benefits and payroll taxes paid to, for or with respect to all Persons engaged in the operating, maintaining, or cleaning of Common Areas or Capital Improvements paid by the Association to managers, accountants (including the costs of audits and related financial statements and reports 4 67380V3 8/28/2000 with respect to the Association's books and records), attorneys, and employees, and to any individual ~_ithout limitation for purposes of performing and discharging the Association's duties as set forth in Article VI herein, entitled "Duties and Powers of the Association"; (b) all costs of the following: cleaning, maintenance, repair and replacement of i) gardening and landscaping; ii) utilities lines and facilities (including without limitation sewer, water, electricity and gas); iii) storm water drainage systems and facilities and detention basins and related facilities; v) signs (other than Tenant's signs); vi) parking areas, driveways and walkways (including without limitation repairing, resurfacing, repaving, painting, and lighting); vii) lighting fixtures and systems; viii) garbage and refuse collection and storage areas and facilities; ix) telecommunications lines and facilities; and x) water and sewage charges. Common Area costs shall not include depreciation of real property which forms part of the Common Area.. (c) straight line depreciation on personal property owned by Association which is consumed in the operation or maintenance of the Common Areas or Capital Improvements; rental or lease payments paid by Association for rented or leased personal property used in the operation or maintenance of the Common Areas or Capital Improvements; fees for required licenses and permits; costs of refuse removal, and similar items, which are not separately paid by Lot Owners. (d) all costs of fire, casualty, liability, workmen's compensation, and other insurance necessary to the conduct of the Association's duties; (e) reasonable reserves as deemed appropriate by the Board; (f) the costs of bonding of the members of the Board, any professional managing agent, or any other Person handling the funds of the Association; (g) taxes and assessments paid by the Association; (h) costs incurred by committees established by the Board in accordance with this Declaration and the By-laws; (i) costs of security services for the Property, if provided by the Association; (j) any and all claims, causes of action, settlements, judgments, awards, and liabilities against or of the Association which arise out of the Association's performance or lack of performance of any or all of its duties or exercise of the powers specified in this Declaration, the Articles, the By-Laws, the Association Rules, or any other document specifying the duties and/or powers of the Association; (k) liens, encumbrances, fees, claims, costs and expenses, from whatever source against all or a portion of the Common Areas or the Capital Improvements, 67380v3 s/28/2ooo which must be paid by the Association or which, in the sole opinion of the Association, should be paid b_y the Association rather than an Owner of a Lot; and (1) other costs, expenses, and fees incurred by the Association for any reason whatsoever in connection with the furtherance of the purposes of the Association or in the discharge of any duties or powers of the Association, including, without limitation, any costs, expenses and fees which are not enumerated above, but are of the type enumerated above and are normally and customarily incurred by entities similar to the Association, and which are incurred by the Association in satisfaction of any obligation owed Tenants by Owners pursuant to the terms of their leases, or in satisfaction of any requirements of Permits and Approvals, with respect to the Common Area or the Capital Improvements. The Association may cause any or all of such services to be provided by third parties. As used in this Declaration, the terms "taxes and assessments" shall mean any form of taxes and assessments including, but not limited to, general, special, ordinary or extraordinary, commercial rental tax, improvement bond or bonds, income tax, license fee, license tax, rental tax, levy, penalty, or tax imposed by any authority having the direct or indirect power of tax, including any city, county, state, or federal government, or any school, agricultural, lighting, drainage, or other improvement district thereof, as against any legal or equitable interest of an owner of real or personal property, as against a lessor's right to rent or other income therefrom, or as against a lessor's business of leasing real or personal property or the occupancy of or possession by a lessee, or any other tax, fee, or excise, however described, including any value added tax, or any tax imposed in substitution, partially or totally, for any of the foregoing or otherwise. Taxes and assessments shall also include reasonable legal fees and costs incurred in connection with pro.c, eedings to contest, determine, or reduce taxes. "Condemnation" shall have the meaning given in Section 10.5. "County" shall mean Santa Clara County, California. "Declarant" shall mean the party listed in the initial paragraph of page 1 of this Declaration. "Delinquency Date" shall have the meaning given in Section 4.1. "Events of Foreclosure" shall have the meaning given in Section 13.5. "Existing Easements" shall have the meaning given in Section 12.4. 6 67380v3 8/28/2000 "Gross Square Footage" of a Lot or the Property, as the case may be, shall mean the total square fg_ otage within the boundaries of the Lot or Property as those boundaries are established and shown on the subdivision map of the Property. "Improvements" shall mean structures and construction of any kind, whether above or below the land surface, including, but not limited to, buildings, outbuildings, walls, vaults, loading areas, stairs, decks, water lines and appurtenant facilities, sewer lines and appurtenant facilities, electrical and gas distribution lines and appurtenant facilities, storm drain lines and appurtenant facilities, communications lines and appurtenant facilities parking facilities, driveways, walkways, fences, landscaping,- poles, signs, retaining walls, public and private recreational facilities, public access facilities, and any other structures of any type or kind located on the Property. "Lot" or "Lots" shall mean the separate legal Parcels shown on the subdivision map for the Property, which map is described in Exhibit "A", and each reference herein to any particular L6t number shall refer to such lot or Parcel number as shown on such maps. "Lot" also shall mean any lot shown on any final map which is hereafter filed for record to the extent such lot or Parcel is part of the Property. "Member" shall mean every Person who qualifies for membership in the Association pursuant to the Article of this Declaration entitled "Membership," including the Declarant so long as the Declarant qualifies for membership pursuant to said Article. "Mortgage" shall mean any duly recorded mortgage or deed of trust encumbering a Lot. A "First Mortgage" shall refer to a Mortgage which has priority over any other Mortgage encumbering a specific Lot. "Mortgagee" shall mean the mortgagee or beneficiary under any Mortgage. A "First Mortgagee" shall mean the holder of a Mortgage that has priority over any other Mortgage encumbering a Lot. "Nonpaying Owner" shall have the meaning given in Section 4.5. "Occupant" shall mean those Persons entitled by ownership, leasehold interest, or other legal relationship has the right to occupy any portion of the Property or the Improvements. "Owner" shall mean one or more Persons who are alone or collectively the record owner of a fee-simple title to a Lot, including Declarant, or the vendee under an installment land sales contract, but excluding those having any interest merely as security for the performance of an obligation. In the event that the ownership of any Building or other Improvements on any portion of the Property shall ever be severed from the land, whether by lease or by deed, only the owner of the interest in the land shall be deemed an Owner hereunder. An Owner shall not necessarily be an Occupant. 67380v3 8/28/2000 The owner of the fee title and not the lessee of a Lot shall be deemed the Owner regardless of the__term of any lease; provided, however, that Declarant hereby reserves for themselves the right to have any lessee who has leased any Lot(s) owned by the Declarant for a period of twenty-five (25) years or more to be considered the "Owner" of such Lot(s) for purposes of this Declaration. "Parcel Map" shall mean that Parcel Map ~, City of Campbell, County of Santa Clara, California, recorded on ,2000, in Book Maps at pages , inclusive, in the Official Records of Santa Clara County. "Permits and Approvals" shall mean all existing and future permits, approvals and entitlements granted or issued by governmental entities which regulate the use of the Property. "Person" shall mean any natural person, corporation, partnership, limited liability company, firm, association, or any other entity whether acting in an individual, fiduciary or other capacity. "Property" shall mean all the real property described in Exhibit "A" hereto, and subject to the annexation thereto pursuant to Article XV of this Declaration entitled "Integrated Nature of the Property," and any real property which shall become subject to this Declaration. "Subdividing Owner" shall have the meaning given in Section 2.4. "Supplemental Declaration" shall mean those certain declarations of covenants, conditions, and restrictions or similar instruments annexing additional property as provided in Article XV hereof, entitled "Integrated Nature of the Property." "Unpaid Assessments" shall have the meaning given in Section 4.5. ARTICLE II MEMBERSHIP Section 2.1 Membership. Every Owner shall be a Member. The terms and provisions set forth in this Declaration which are binding upon all Owners are not exclusive, as Owners shall, in addition, be subject to the terms and provisions of the Articles, By-laws, and Association Rules to the extent the provisions thereof are not in conflict with the Declaration. Membership of Owners shall be appurtenant to and may not be separated from the interest of such Owner in any Lot. Ownership of a Lot shall be the sole qualification for membership; provided, however, a Member's voting rights, if any, may be regulated or suspended as provided in this Declaration, the By-laws, or the Association Rules. 67380v3 8/28/2000 Section 2.2 Transfer. The membership held by any Owner shall not be transferred, pledged, or alienated in any way except that such membership shall automatically be transferred to the transferee of the interest of an Owner. Any attempt to make a prohibited transfer is void and will not be reflected upon the books and records of the Association. The Association shall have the right to record the transfer upon the books of the Association without any further action or consent by the transferring Owner. The provisions of this Section 2.2 shall not apply to the transfer, pledge, or alienation of a membership to a Mortgagee in connection with a Mortgage. Section 2.3 Voting Rights of Declarant. Until (a) the Declarant, or its successor in title, shall no longer own or control at least twenty-five percent (25%) of the available voting rights of all Members of the Association, or (b) the Declarant, or its successors in title, elect in writing to authorize voting on the part of all Members as set forth in Section 2.4 hereof, whichever of the events described in (a) or (b) above occurs first, the Declarant shall be the only Member entitled to vote on any matter pertaining to any provision contained in this Declaration or the By-laws; provided, however, that all voting rights, whether exercised by the Declarant or by all the Members, shall be subject to the restrictions and limitations provided herein and the Articles, By-laws, and Association Rules. Section 2.4 Voting Rights of Members. Upon the transfer of voting rights to or vesting of voting rights in the Members in accordance with Section 2.3 hereof, each Member shall be entitled to one (1) vote per Lot, plus one (1) additional vote for each square foot within the Building Square Footage of such Lot. When more than one Person is the Owner of a Lot, each such Person shall be a Member, and the vote or votes for such Lot shall be exercised as they among themselves determine, but in no event shall more votes be cast with respect to any Lot than could be cast if such Lot were owned by only one Owner. In the event any Owner shall, from and after the date hereof, subdivide any Lot owned by such Owner (the "Subdividing Owner"), the Owners of the subdivided Lots, including the Subdividing Owner if the Subdividing Owner shall continue to own one or more of the subdivided Lots, shall in total only be entitled to vote that percentage of the vote originally available to the Subdividing Owner for the subdivided Lots prior to the subdivision. Section 2.5 Approvals and Consents. Prior to the transfer of voting rights to the Members in accordance with Section 2.3 hereof, any provision of this Declaration or the By-laws which requires the vote or written ballot or written consent of a specified majority of the voting power of the Association as set forth in the By-laws, shall be deemed satisfied upon the written consent of Declarant, exercising the entire voting power of the Association. ARTICLE III ASSESSMENTS 67380v3 8/28/2000 Section 3.1 Creation of the Lien and Personal Obligation of Assessments. Each Owner, including the Declarant, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to covenant and agree to pay to the Association Regular Assessments, Capital Improvement Assessments, Special Assessments and Reconstruction Assessments (the "Assessments"), such Assessments to be fixed, established, and collected from time to time as provided in this Declaration. Unless otherwise provided for in this Declaration, the Assessments shall be due on the date or dates set forth in a written notice by the Board to the affected Members, specify the particular Assessment against the particular Member and Lot, specify the factual basis giving rise to the Assessment, and further specify the supporting calculations for the Assessment against the particular Member and Lot. The Assessments, together with interest (including interest on the unpaid Assessments, on reasonable costs of collection, and on late charges), late charges, attorneys' fees and court costs, and other costs of collection thereof, as hereinafter provided, shall be a continuing lien upon the Lot against which each such Assessment is made from and after the date the Association causes to be recorded in the Office of the Recorder of the County a Notice of Delinquent Assessment (hereafter defined in Section 4.2). The Notice of Delinquent Assessment may only be given and/or recorded after the Delinquency Date (hereinafter defined in Section 4.1). Section 3.2 Purpose of Assessments. The Assessments levied by the Association shall be used exclusively to carry out the duties and obligations of the Association, for the common good of the Owners. Section 3.3 Regular Assessments. The Board shall determine the amount of the Regular Assessment to be paid by each Member, based on the Board's estimate of the total Common Expenses and Capital Improvement Assessments to be incurred for each upcoming fiscal year. Each Member shall thereafter pay to the Association its Regular Assessment in installments as established in a written notice sent to Members by the Board. The Board reserves the right in its discretion (i) to revise the amount of the Regular Assessment if it is or will become inadequate to meet all Common Expenses for any reason and (ii) reduce the amount or abate the collection of the Regular Assessment if the Regular Assessment is excessive. Section 3.4 Capital Improvement Assessments. In addition to the Regular Assessments the Association may levy in any calendar year a Capital Improvement Assessment applicable to that year only. The Capital Improvement Assessment shall be allocated to each Owner as provided in Section 3.5. All amounts collected as Capital Improvement Assessments may only be used for Capital Improvements and shall not be commingled with any other funds of the Association. Section 3.5 Allocation of Assessments. All Assessments shall be charged to and divided among each Lot and Owner of a Lot pro rata according to the number of votes appurtenant to their respective Lot or Lots. 67380v3 10 8/28/2000 Section 3.6 Certificate of Payment. The Association shall upon demand furnish to any Member ii_able for Assessments a certificate in writing signed by an officer or authorized agent of the Association setting forth whether the Assessment(s) on a specified Lot have been paid, and the amount of delinquency, if any. A reasonable charge may be collected by the Board for the issuance of these certificates. Section 3.7 Exempt Property. All properties dedicated in fee to and accepted by a public authority shall be exempt from the Assessments created herein. Section 3.8 Special Assessments. Special Assessments shall be levied by the Board against a Lot to reimburse the Association for: (a) costs incurred in bringing an Owner and his Lot into compliance with the provisions of this Declaration, the Articles, the By-laws, or Association Rules, including without limitation, attorneys' fees, interest, and other charges relating thereto as provided in this Declaration; (b) any other charge designated as a Special Assessment in this Declaration, the Articles, By-laws, or Association Rules; and (c) any extraordinary or disproportionate cost or expense incurred by the Association due to (i) actions by an Owner or Occupant of a Lot, or the employees, agents, invitees, or licensees of either of them, or (ii) contractual requirements of the Owner or tenants thereof, or Permits or Approvals, which require extraordinary or disproportionate cost. The Special Assessment shall be a lien and assessment against the particular Lot or Lot(s) which gave rise to the Special Assessment. In the event the Association undertakes to provide materials or services which benefit individual Lots and which may be accepted at the election of individual Owners, such Owners in accepting such materials or services agree that the costs thereof shall be a Special Assessment against said individual Lots. Section 3.9 Date of Commencement of Regular Assessments. The Regular Assessments shall commence as to all Lots now existing or which have been annexed pursuant to Article XV hereof on a date selected by the Board. It is provided further that in the event the amount budgeted to meet Common Expenses for the then current year proves to be excessive in light of the actual Common Expenses, the Board in its discretion may either reduce the amount of the Regular Assessment or may abate collection of Regular Assessments as it deems appropriate. Section 3.10 No Offsets. All Assessments shall be payable in the amount specified by the assessment and no offsets against such amount shall be permitted for any reason, including, without limitation, as a result of a claim that the Association is 11 67380v3 8/28/2000 not properly exercising its duties and powers as provided in this Declaration, or that the Owner has not received or will not receive the benefits of the Common Area or services provided by the Association. Section 3.11 Reserves. All amounts collected as reserves, whether pursuant to this Section or otherwise, shall be deposited by the Board in separate interest-bearing bank accounts to be held in trust for the purposes for which they are collected and are to be segregated from and not commingled with any other funds of the Association. Such reserves shall be deemed a contribution by the Members to the capital account of the Association. Section 3.12 Limitations on Assessments. Any assessments levied pursuant to this Declaration, the Articles, the By-Laws, the Association Rules, or any other document governing the Association shall not exceed the maximum amount permitted by applicable law. ARTICLE IV NONPAYMENT OF ASSESSMENTS Section 4.1 Delinquency. Any Assessment provided for in this Declaration which is not paid within fifteen (15) days after the date said Assessment became due shall be cOnsidered delinquent on the date immediately following the fifteenth (15th) day after the date said Assessment became due (the "Delinquency Date"). If any such Assessment is not paid within ten (10) days after the Delinquency Date, a late charge not exceeding ten percent (10%) of the delinquent Assessment or Ten Dollars ($10.00), whichever is greater, may, at the election of the Board, be levied and the delinquent assessment may, at the election of the Board, bear interest at the rate of Twelve percent (12%) per annum from and after the thirtieth (30th) day after the Assessment became due, but in any event not higher than the maximum rate permitted by law. The Association may, at its option and without waiving the right to judicially foreclose its lien against the Lot, pursue any available remedies, including, without limitation, bringing an action at law against the Owner personally obligated to pay the same and/or upon compliance with the notice provisions set forth in Section 4.2 herein, entitled "Notice of Delinquent Assessment," to foreclose the lien against the Lot. If action is commenced, there shall be added to the amount of such Assessment the late charge, interest (including without limitation interest on the delinquent Assessment, reasonable costs of collection, and late charges), the cost of such action, and attorneys' fees incurred in connection with such action; and in the event a judgment is obtained, such judgment shall include said late charge, interest (including without limitation interest on the delinquent assessment, on reasonable costs of collection and on late charges), and reasonable attorneys' fees, together with the costs of the action. Each Owner vests in the Association or its assigns the right and power to bring all actions at law or equity for lien foreclosure against such Owner or other Owners for the collection of such delinquent Assessments. 12 67380v3 8/28/2000 Section 42 Notice of Delinquent Assessment. No action shall be brought to foreclose said Assessment lien or to proceed under the power of sale herein provided until thirty (30) days after the date a Notice of Delinquent Assessment is deposited in the United States mail, certified or registered, postage prepaid, to the Owner of said Lot, and a copy thereof is recorded by the Association in the office of the County Recorder in the County at least twenty (20) days after the date the Notice of Delinquent Assessment is deposited in the mail as provided above; said Notice of Delinquent Assessment must recite a good and sufficient legal description of any such Lot, the record Owner or reputed Owner thereof, the nature of the Owner's ownership interest in the Lot, the amount which is delinquent, which shall include interest and late charges as provided for in Section 4.1, if so elected by the Board, plus reasonable attorneys' fees and expenses of collection in connection with the debt secured by said lien, the fact that the delinquent amount is a lien against the Lot, and the name and address of the trustee authorized to enforce the lien by sale. Said late charge may be increased by the Board in its reasonable discretion not more frequently than annually based upon increases in the Consumer Price Index - All Urban Consumers (base year 1982-1984 = 100) for the San Francisco Oakland Area, as published by the United States Department of Labor, Bureau of Labor Statistics, but in no event shall the late charge exceed the maximum amount permitted by California Civil Code Section 1366(d) or other applicable law. Section 4.3 Foreclosure Sale. Any Assessment lien may be enforced by sale by the Association, its attorney, or any other Person authorized by the Board to make the sale after failure of the Owner to make the payments specified in the Notice of Delinquent Assessment within said thirty (30) day period. Any such sale provided for above is to be conducted in accordance with all applicable provisions of the laws of the State of California, applicable to the exercise of powers of sale in mortgages and deeds of trust. The Association, through its duly authorized agents, shall have the power to bid on the Lot, using as a credit bid the amounts secured by such lien, Association funds, or funds borrowed for such purpose at the sale, and to acquire and hold, lease, mortgage, and convey the same. of: Section 4.4 Curing of Default. Upon the timely payment or other satisfaction (a) all delinquent Assessments specified in the Notice of Delinquent Assessment; (b) all other Assessments which have become due and payable with respect to the Lot as to which such Notice of Delinquent Assessment was recorded; and (c) interest (including interest on the delinquent Assessments, on reasonable costs of collection, and on late charges), late charges, attorneys' fees, and other costs of collection pursuant to this Declaration and the Notice of Delinquent Assessment which have accrued, an officer of the Association or any other Person designated by the Board 13 67380v3 8/28/2000 is hereby authorized to file or record, as the case may be, an appropriate release of such Notice of Delinqxj_ ent Assessment and the lien imposed thereby upon payment by the defaulting Owner of a reasonable fee to cover the costs of preparing and filing or recording such release. Section 4.5 Reassessment of the Members. In the event the Association is unable to obtain payment from one or more Owners ("Nonpaying Owner") for any Assessments prior to the Delinquency Date ("Unpaid Assessments"), the Association, without releasing any delinquent Owner and without waiving any remedy set forth herein, may reassess the Members for a sum equal to the Unpaid Assessments. Upon payment by the Nonpaying Owner of the Unpaid Assessments or upon collection of same by the Association, the Association shall credit Assessments due or to be due in the future by Members in an amount equal to the Unpaid Assessment, or a portion thereof, for which the Member was assessed. ARTICLE V ARCHITECTURAL CONTROL Section 5.1 Appointment of Architectural Committee. Declarant shall initially have the right to elect the Architectural Committee, and shall retain the right to appoint, augment, or replace all members of the Architectural Committee prior to the transfer of voting rights as set forth in Section 2.3. The Architectural Committee shall consist of not less than three (3) Persons, as fixed from time to time by Declarant, and upon such transfer of voting rights to or vesting of voting rights in the Members, by resolution of the Board. Each Person appointed by the Board to the Architectural Committee must be a Member, or employee of a Member; however, a Person appointed by Declarant to the Architectural Committee need not be a Member, in Declarant's sole discretion. Section 5.2 General Provisions. (a) The Architectural Committee may establish reasonable procedural rules and may assess a fee not to exceed One Thousand Dollars ($1,000.00) (unless the Architectural Committee reasonably determines that such fee is insufficient to defray the expenses of a review in compliance with the provisions of this Article, in which event the Architectural Committee may impose an increased fee) per submission of plans in connection with review of plans and specifications including, without limitation, the number of sets of plans to be submitted; provided, however, the Architectural Committee may delegate its plan review responsibilities to one or more members of such Architectural Committee. Upon such delegation, the approval or disapproval of plans and specifications by such Persons shall be equivalent to approval or disapproval by the entire Architectural Committee. Unless any such rules are complied with, such plans and specifications shall be deemed not submitted. 14 67380v3 8/28/2000 (b) The address of the Architectural Committee shall be the principal office of the Association ag_ designated by the Board pursuant to the By-laws. Such address shall be the place for the submittal of plans and specifications and the place where the current Architectural Standards shall be kept. (c) The establishment of the Architectural Committee and the systems herein for architectural approval shall not be construed as changing any rights or obligations upon Owners to maintain, repair, alter, or modify or otherwise have control over the Lots as may otherwise be specified in this Declaration, in the By-laws or in any Association Rules. (d) In the event the Architectural Committee fails to approve or disapprove such plans and specifications within thirty (30) days after the same have been duly submitted in accordance with any rules regarding such submission adopted by the Architectural Committee, such plans and specifications will be deemed approved. Section 5.3 Approval and Conformi _ty of Plans. (a) No Improvements shall be erected, placed, altered, maintained, or permitted to remain on any of the Property until plans and specifications showing the plot layout and all exterior elevations with materials and colors therefor and structural designs, signs, parking, driveway, walkways, landscaping, and such other drawings, plans, designs, and specifications as are requested by the Architectural Committee, shall have been submitted to and approved in writing by the Architectural Committee; provided, however, that the restrictions set forth in this Section 5.3 shall not apply to Buildings existing as of the date of this Declaration or Improvements which are to be erected, placed, or altered entirely within a Building which do not affect the exterior or the structural design of a Building. Such plans and specifications shall be submitted in writing over the authorized signature of the Owner or Occupant of the Lot or his authorized agent. The Board shall adopt and promulgate the Architectural Standards. The Architectural Standards adopted by the Board shall apply with respect to the plans and specifications and the Improvements contemplated thereby which are subject to approval by the Architectural Committee shall be administered through the Architectural Committee. The Architectural Standards shall include, among other things, those restrictions and limitations upon the Owners set forth below: (i) Reasonable time limitations for the completion of the Improvements for which approval is required pursuant to the Architectural Standards; (ii) Conformity of completed Improvements to plans and specifications approved by the Architectural Committee pursuant to this Article V; provided, however, that as to purchasers in good faith and for value, the restrictions set forth herein pertaining to non-completion or nonconformance shall not apply, unless notice of non-completion or nonconformance identifying the violating Lot 15 67380v3 8/28/2000 and its Owner, specifying the reason for the notice, and executed by the Architectural Committee shall be filed of record in the Office of the County Recorder of the County, and given to such Owner within thirty (30) days of the expiration of the time limitation described in subsection (i) above, or unless legal proceedings shall have been instituted to enforce compliance or completion within said thirty (30) day period, and the completed Improvements shall be deemed to be in compliance with plans and specifications approved by the Architectural Committee as required herein and in compliance with the applicable Architectural Standards, but only with respect to purchasers and encumbrances in good faith and for value; and (iii) Such other limitations and restrictions as the Board in its reasonable discretion shall adopt. (b) The Board shall further adopt a procedure by which a prospective Owner intending to erect Improvements on a Lot may submit and obtain the advance approval of the Architectural Committee of such prospective Owner's plans therefor prior to the purchase of a Lot. (c) The Architectural Standards initially adopted by the Board shall not be revoked, amended or supplemented without the prior written consent of the Declarant, so long as any of the Declarant is an Owner of any Lot. Section 5.4 Nonliabilit¥ for Approval of Plans. Plans and specifications are not approved for engineering design and by approving such plans and specifications neither the Architectural Committee, the members thereof, the Association, the Members, the Board, nor the Declarant assumes liability or responsibility therefor or for any defect in any structure constructed from such plans and specifications. Section 5.5 Appeal. In the event plans and specifications submitted to the Architectural Committee are disapproved thereby, the party or parties making such submission may appeal in writing to the Board in the event voting rights shall have transferred to or vested in the Members. The written request shall be received by the Board not more than thirty (30) days following the final decision of the Architectural Committee. The Board shall submit such request to the full Architectural Committee for review, whose written recommendations will be submitted to the Board. Within thirty (30) days following receipt of the request for appeal, the Board shall render its written decision. The failure of the Board to render a decision within said thirty (30) day period shall be deemed a decision against the appellant. Prior to the date of the transfer of voting rights to or vesting of voting in the Members, any decision by the Architectural Committee shall be final and may not be appealed as provided for by this Section 5.5. Section 5.6 Inspection and Recording of Approval. Any member of the Architectural Committee or any officer, director, employee, or agent of the Association, 16 67380v3 8/28/2000 at any reasonable time and after not less than twenty-four (24) hours oral notice to the Owner, may ente_r without being deemed guilty of trespass upon any Lot and Improvements, in order to inspect Improvements constructed or being constructed on such Lot to ascertain that such Improvements have been or are being built in compliance with plans and specifications approved by the Architectural Committee and in accordance with the Architectural Standards. The Architectural Committee shall cause such an inspection to be undertaken within thirty (30) days of a request therefor from any Owner as to his Lot, and if such inspection reveals that the portions of the Improvements completed as of the date of the inspection, or if the Improvements have been completed as of the date of the inspection, the completed Improvements have been completed in compliance with this Article, the President and the Secretary of the Association shall provide to such Owner a notice of such approval in recordable form which, when recorded, shall be conclusive evidence of compliance as of the date of the inspection with the provisions of this Article as to portions of the completed Improvements inspected, or if the Improvements are completed on the date of inspection, then the completed Improvements described in such recorded notice, but as to such portions of or completed Improvements only. The Architectural Committee may, in its sole discretion, assess a fee or any aforesaid inspections requested by an Owner to defray the expenses of any such inspections. Section 5.7 Subterranean Improvements. No Improvement in the Property which will extend beneath the surface of the ground for a distance of more than six (6) inches shall be commenced unless plans and specifications therefor have been approved 10y the Architectural Committee. Without limiting the generality of the foregoing, the Architectural Committee shall not approve plans or specifications for any such subterranean Improvements which interferes with the intended use of the Property unless adequate provision has been made to mitigate such interference's to the satisfaction of the Architectural Committee. The procedure used by the Architectural Committee for review of subterranean Improvements and the rules governing the same shall be the same as those provided for in this Article for the approval by the Architectural Committee of other Improvements. Section 5.8 Compliance with Laws. All Improvements shall be constructed, altered, repaired, operated, and maintained in compliance with all applicable permits and authorizations, all building and zoning laws, and all other laws, ordinances, orders, codes, rules, regulations, and requirements of all federal, state, county, and municipal governmental agencies, and bodies having jurisdiction (including, but without limiting the generality of the foregoing, the provisions of California Civil Code Section 832, as said Section from time to time may be amended, and the provisions of the Uniform Building Code which have been adopted or modified by the City, as the same from time to time may be amended). Section 5.9 Completion of Work. After the commencement of the work with respect to any Improvements as approved by the Architectural Committee in accordance with the terms hereof, such work shall be diligently prosecuted so that the 17 67380v3 8/28/2000 Improvements shall not remain in a partly finished condition any longer than reasonably neces~_ary for the completion thereof, and in no case any longer than eighteen (18) months after commencement of construction. All construction shall be done so as to cause minimal interference with the business operations conducted from those Buildings already open for business. During the construction, the construction site and surrounding areas shall be kept reasonably clean and free of construction material, trash, and debris, and appropriate precautions shall be taken to protect against personal injury and property damage to the Declarant, other Owners, and Occupants. With regard to excavation and without limiting any other provision of this Declaration, no excavation shall be made on, and no sand, gravel, soil, or other material shall be removed from the site except in connection with the construction or alteration of Improvements approved in the manner set forth in this Article, and upon completion of any such operations, exposed openings shall be backfilled and disturbed ground slxall be graded, leveled, and paved or landscaped in accordance with the previously approved plans and specifications contemplated in this Article. After such completion of the Improvements, there shall not be any other material change in the aforesaid Improvements without prior approval in writing by the Architectural Committee in the manner contemplated in this Article. Failure to comply with this Section shall constitute a breach of this Declaration and subject the defaulting party or parties to all enforcement procedures set forth in this Declaration and any other remedies provided by law or equity. Section 5.10 Regulation of Improvements. Unless the Architectural Committee shall enact greater requirements, the erection, construction, placement, and alteration of Improvements on the Property including, without limitation, the minimum setback lines throughout the Property, the amount and type of landscaping, the utilities and utility connections and the location of storage areas, shall comply with any and all requirements of the City. Section 5.11 Signs and Lighting. No sign or billboard of any kind shall be displayed to the public view on any portion of the Property except such signs as may first be approved by the Architectural Committee as in accord with the sign design and location criteria established by the Architectural Committee. All signs shall also comply with applicable requirements of the City and any other applicable governmental agency's ordinances or regulations. Lighting shall be restricted to parking and security lights, fire lighting, and low-level sign illumination and floodlighting of buildings or landscaping or such other lighting as specifically approved in writing by the Architectural Committee. All lighting shall be shielded and contained within property lines or within the Common Area as may be permitted by the Board. ARTICLE VI DUTIES AND POWERS OF THE ASSOCIATION 67380v3 18 8/28/2000 Section 6.1 General Duties and Powers. In addition to the duties and powers enumerated in its__ Articles and By-laws or elsewhere provided for herein, and without limiting the generality thereof, the Association shall have the specific duties and powers specified in this Article. Section 6.2 General Duties of the Association. The Association, through the Board, shall have the duty and obligation to enforce the provisions of this Declaration, the Articles, By-laws, and Association Rules by appropriate means and carry out the obligations of the Association hereunder, including, but not limited to the obligation of the Association pursuant to Article XVI herein below. Section 6.3 General Powers of the Association. The Association through the Board shall have the power but not the obligation to: (a) employ a manager or other Persons and contract with independent contractors or managing agents, including, without limitation, the Declarant, or a property management company that is affiliated with the Declarant, who have professional experience in the management of commercial developments similar to the Property, to perform all or any part of the duties and responsibilities of the Association and any prospective managing agent of the Association shall comply with the disclosure provisions of California Civil Code Section 1363.1; (b) acquire interests in real or personal property for offices or other facilities (i) that may be necessary or convenient for the administration of the affairs of the Association, or (ii) that may be of benefit to the Members, or (iii) that will enhance and protect the value, desirability, and attractiveness of the Property and to operate the same; (c) borrow money as may be needed in connection with the discharge by the Association of its powers and duties; (d) establish in cooperation with the City a special tax assessment district for the performance of all or a portion of the functions now within the responsibility of the Association; (e) take all the acts required and incur the Charges which result in the levy of any and all Assessments. (f) receive an assignment from or assume on behalf of the Declarant and/or the constituent members thereof, an Owner, and/or any future Owners of all or a portion of the Property, any and all rights, duties and obligations under any permits, approvals or other entitlements issued to same by any federal, state, county, or municipal governments or other governmental agencies, commissions or other bodies which govern development of all or a portion of the Property, including without limitation any Transportation System Management Plan applicable to the Property. 19 67380v3 8/28/2000 Section 6~4 Association Rules. The Board shall also have the power to adopt, amend, and repeal such rules and regulations as it deems reasonable (the "Association Rules"), which may include the establishment of a system of fines and penalties and enforceable as Special Assessments, all as provided in the By-laws. The Association Rules shall govern such matters in furtherance of the purposes of the Declaration; provided, however, that the Association Rules may not discriminate among Owners (except during such period of time that Declarant is the only Person entitled to vote on any matter pertaining to any provision contained in this Declaration or the By-laws as set forth in Section 2.3.), and shall not be inconsistent with this Declaration, the Articles, or By-laws. A copy of the Association Rules as they may from time to time be adopted, amended, or repealed or a notice setting forth the adoption, amendment, or repeal of specific portions of the Association Rules shall be delivered to each Owner in the same manner established in this Declaration for the delivery of notices. Upon completion of the notice requirements, said Association Rules shall have the same force and effect as if they were set forth in and were part of this Declaration and shall be binding on the Owners and their successors in interest whether or not actually received thereby. The Association Rules, as adopted, amended, or repealed, shall be available at the principal office of the Association to each Owner and Mortgagee upon request. In the event of any conflict between any such Association Rules and any other provisions of this Declaration, or the Articles or By-laws, the provisions of the Association Rules shall be deemed to be superseded by the provisions of this Declaration, the Articles, or the By- laws to the extent of any such conflict. Section 6.5 Delegation of Powers. The Association shall have the right according to law to delegate to committees, officers, employees, or agents any of its duties and powers under this Declaration, the Articles, and By-laws; provided, however, no such delegation to a professional management company, the Architectural Committee, or otherwise shall relieve the Association of its obligation to perform such delegated duty. Section 6.6 Emergency Powers. The Association or any Persons authorized by the Association may enter any Lot in the event of any emergency involving illness or potential danger to life or property. Such entry shall be made with as little inconvenience to the Owners as practicable, and any damage caused thereby shall be repaired by the Association unless covered by insurance carried by the Owner. Section 6.7 Waiver Against Declarant. To the fullest extent permitted by law, neither the Declarant, nor any of its successors or assigns, nor any of its employees, agents, members, officers or directors shall be liable to any Owner or Occupant of a Lot or Lots or any other Person subject to this Declaration by reason of any mistake in judgment, negligence, nonfeasance, action or inaction and/or for the enforcement or failure to enforce any provision of this Declaration. Every Owner or Occupant of a Lot or Lots by acquiring his interest therein agrees that he will not bring any action or suit against the Declarant, or its successors or assigns, to recover any damages or to seek 20 67380v3 8/28/2000 equitable relief because of any mistake in judgment, negligence, nonfeasance, action or inaction and/or-the enforcement or failure to enforce any provision of this Declaration. For purposes of this Section 6.8, the terms "Declarant" shall be deemed to include the members of the Declarant and the partners of the partners of each of the Declarant's members. ARTICLE VII REPAIR AND MAINTENANCE Section 7.1 Repair and Maintenance by Association. (a) Except to the extent that an Owner or Occupant may be obligated pursuant to the terms of their leases or Permits and Approvals, and without limiting the generality of the statement of duties and powers contained in this Declaration, the Articles, By-laws, or Association Rules, the Association shall have the duty to accomplish the following upon the Property in such manner and at such times as the Board shall prescribe: (i) provide any and all necessary maintenance and repair to, and replace as needed, Capital Improvements, except to the extent otherwise provided in this Declaration, the Articles, By-laws, or Association Rules; (ii) provide any and all necessary maintenance of, and repair and replacement, as needed, of all landscaping within the Common Area following the initial installation thereof; (iii) keep all unimproved portions of the Common Area mowed and weeded and clear of all rubbish, trash, and debris, and keep the Common Area in a neat and sightly condition; (iv) regardless of the obligations of Declarant and/or other issuee under all Permits and Approvals, repair and maintain A) the Common Area as described in Exhibit "B" hereto, including, without limitation, landscaping, irrigation systems and drainage systems, and the maintenance of all on site fossil filters (fossil filter maintenance and repairs will be done according to manufacturer's recommendations and records will be kept showing service dates and the work performed); and B) all improvements and landscaping not maintained by any public agency or utility company which must be maintained for the benefit of all Lots under the Permits and Approvals or agreements with the City, or any other public agency. (v) maintain all parking, walkway, and driveway areas located on the Common Area in a clean and safe condition, including the paving and repairing or surfacing and resurfacing of such areas when necessary with the type of material originally installed therein, or such substitute therefor as shall in all respects be equal thereto in quality, appearance, and durability; the removal of 21 67380¥3 8/28/2000 debris and waste materials and the washing or sweeping of paved areas as required tg_ minimize soil and debris from entering the storm drain system (at a minimum, paved areas shall be swept in late summer, prior to the first significant seasonal rain); and the painting and repainting of striping, markers, and directional signs as required; and (vi) clean, maintain, repair, replace and relamp any external lighting fixtures and related fixtures located on the Common Area. (vii) maintain all other areas, facilities, equipment, services, or aesthetic components of whatsoever nature as may from time to time be requested by the vote of two-thirds (2/3) of the voting power of the Members. (b) The Association may further provide any and all necessary maintenance and shall repair and/or replace any facilities, improvements, structures, and equipment on or in the Common Area other than those specified in Sections 7.1(a), which the Association deems necessary for the purpose of enhancing and protecting the value, desirability, and attractiveness of the Property. (d) Notwithstanding the foregoing, the Association shall maintain, repair and replace all or portions of the Common Area, as is necessary to be maintained, repaired or replaced, and take such other action with respect to the Common Area for Owners and the Association to be in compliance with all Permits and Approvals. The Association shall exercise it best efforts to have all areas of the Common Area maintained and repaired in a uniform manner. Except as otherwise provided herein, the costs of-any such maintenance and/or repair pursuant to this Section shall be paid out of the funds of the Association collected through the levy of Assessments. Section 7.2 Repair and Maintenance by Owner. The Owner of each Lot shall be responsible for the repair and maintenance of his Lot and all Improvements thereon except to the extent the Association is obligated by this Declaration to repair or maintain the same. The Owner of each Lot may repair and maintain the areas of his Lot which the Association is obligated by this Declaration to repair and maintain and bill the Association for said repairs and maintenance, provided, however, that the Association has given its prior written consent thereto. (a) Maintenance of the exterior of all structures, including, without limitation, walls and roofs, and of all landscaping maintained by Owner shall be accomplished in accordance with the Architectural Standards and Association Rules and, if required by the Architectural Standards, only after approval of the Architectural Committee. 22 67380v3 8/28/2000 (b) All Improvements shall at all times be maintained in compliance with all applicable laws,-grdinances, orders, codes, rules, regulations, and requirements of all federal, state, county, municipal, and other governmental agencies and bodies having Jurisdiction. Section 7.3 Right of Entry. The Association shall have the right to enter upon any Lot, but not a Building, in connection with any maintenance, repair, or construction in the exercise of the powers and duties of the Association. Section 7.4 Maintenance of Public Utilities. Nothing contained herein shall require or obligate the Association to maintain, replace, or restore the underground facilities of public utilities which are located within easements in the Property owned by such public utilities. However, the Association shall take such steps as are necessary or convenient to ensure that such facilities are properly maintained, replaced, or restored by such public utilities. ARTICLE VIII INSURANCE Section 8.1 Duty to Obtain Insurance; Types. The Board shall obtain and continue in effect adequate blanket public liability insurance (including medical payments) in an amount not less than Three Million Dollars ($3,000,000.00) or in such other reasonable minimum amount as the Board may determine, covering all claims for personal injury and property damage arising out of a single occurrence. The Board shall also obtain and continue in effect "all risk" insurance coverage in an amount as near as possible to the full replacement value of any above ground Improvements which are a) susceptible to damage by perils under "all risk" insurance coverage; and b) and owned by the Association, or which are the responsibility of the Association to repair or replace, and located within the Property, without deduction for depreciation. Such insurance shall be maintained by the Association as named insured for the benefit of the Association, Declarant, the Owners, and the Mortgagees as their interest may appear, subject, however, to the loss payment requirements as set forth herein. Section 8.2 Right and Duty of Owners to Insure. Each Owner shall obtain adequate casualty insurance and fire insurance in an amount as near as possible to the replacement value, without deduction for depreciation or coinsurance, of all of the Improvements owned by such Owner. Each Owner shall provide replacement cost "all risk" coverage insurance on his personal property and fixtures within all Buildings and Improvements located on his Lot. Each Owner shall carry public liability insurance to cover his individual liability for damage to Persons or property occurring upon his Lot or elsewhere upon the Property, in any manner arising out of the use of such Owner's Lot. Such insurance shall be in an amount not less than Five Million Dollars ($5,000,000.00), combined single limit, or in such other minimum amount as the Board may determine, covering all claims for personal injury and property damage arising out 23 67380V3 8/28/2000 of a single occurrence. Each Owner shall also carry business interruption insurance in an amount adequate to insure payment and performance of such Owner's obligations under this Declaration. All such policies as may be carried by the Owners shall, to the extent they are available or available at commercially reasonable rates, contain waivers of subrogation of claims against Declarant, the Association, the Board, the officers of the Association, and all the other Owners. The insurance policies carried by each Owner shall, to the maximum extent possible, provide for automatic adjustments of coverage levels to reflect changes in costs resulting from inflation. Each Owner shall carry the Association as an additional named insured on all policies of public liability insurance carried by such Owner and shall furnish the Association with a current certificate of such insurance at all times. Such policies shall not adversely affect or diminish any liability under any insurance obtained by the Association, and duplicate copies of such other policies shall be deposited with the Board. If any loss intended to be covered by insurance carried by the Association shall occur and the proceeds payable thereunder shall be reduced by reason of insurance carried by any Owner, such Owner shall assign the proceeds of such insurance carried by him to the Association, to the extent of such reduction, for application by the Board to the same purposes as the reduced proceeds are to be applied. Section 8.3 Notice of Expiration. All of the policies of insurance maintained by the Owners shall contain a provision that said policy or policies shall not be canceled or terminated nor expire by their terms without thirty (30) days prior written notice to the Board. In the event an Owner fails to obtain or maintain such insurance coverage, the Association may obtain such insurance and levy a Special Assessment against such Owner and his Lot for the amount of the premium therefor. Section 8.4 Premiums. Insurance premiums for any insurance coverage obtained by the Association and any other insurance deemed necessary by the Board shall be a Common Expense to be included in the Regular Assessments levied by the Association. Section 8.5 Trustee for Policies. The Association, acting through the Board, is hereby appointed and shall be deemed trustee of the interests of all named insureds under policies of insurance purchased and maintained by the Association. All insurance proceeds under any such policies as provided for in Section 8.1 shall be paid to the Board as trustee. The Board shall have full power to receive and to receipt for the proceeds and to deal therewith as provided herein. Insurance proceeds shall be used by the Association for the repair or replacement of the Improvements for which the insurance was carried. The Board shall have the right but not the obligation to negotiate loss settlements with the appropriate insurance carriers, with participation, to the extent they desire. Any two directors of the Board may sign a loss claim form and release form in connection with the settlement of a loss claim, and such signatures shall be binding on all the named insureds. 24 67380V3 8/28/2000 Section 8.6 Actions as Trustee. Except as otherwise specifically provided in this Declaration,__the Board, acting on behalf of the Association and all the Owners, shall have the exclusive right to bind such parties in respect to all matters affecting insurance carried by the Association, the settlement of a loss claim, and the surrender, cancellation, and modification of all such insurance. Duplicate originals or certificates of all policies of fire and casualty insurance carried by the Association and of all renewals thereof, together with proof of payment of premiums, shall be delivered by the Association to all Mortgagees who have requested the same in writing. Section 8.7 Required Waiver. All policies of physical damage insurance shall provide, if reasonably possible, for waiver of the following rights to the extent that the respective insurers would have the rights without such waivers: (a) subrogation of claims against the tenants of the Owners; (b) any defense based on coinsurance; (c) any right of set-off, counterclaim, apportionment, proration of contribution by reason of other insurance not carried by the Association; (d) any invalidity or other adverse effect or defense on account of any breach of warranty or condition caused by the Association, any Owner or any tenant of any Owner, or arising from any act, neglect, or omission of any named insured or the respective agents, contractors, and employees of any insured; (e) any right of the insurer to repair, rebuild, or replace, and, in the event any Improvements are not repaired, rebuilt, or replaced following loss, any right to pay under the insurance an amount less than the replacement value of the Improvements insured or the fair market value thereof; (f) notice of the assignment of any Owner of its interest in the insurance by virtue of a conveyance of any Lot; and (g) any right to require any assignment of any Mortgage to the insurer. As to each policy of insurance maintained by the Association which will not be voided or impaired thereby, the Association hereby waives and releases all claims against the Board, the Owners, the Architectural Committee, Declarant, and the agents and employees of each of the foregoing, with respect to any loss covered by such insurance, whether or not caused by negligence of or breach of any agreement by said Persons, but only to the extent that insurance proceeds are received in compensation for such loss. ARTICLE IX [RESERVED] ARTICLE X EMINENT DOMAIN Section 10.1 Definition of Taking. The term "taking" as used in this Article shall mean condenmation by eminent domain or by conveyance under threat of condemnation or an action in inverse condemnation which the Declarant is authorized to bring pertaining to the Common Area or any portion of a Lot within the Property which the Association has the obligation to maintain. 25 67380v3 8/28/2000 Section 10.2 Representation by Association in Condemnation Proceedings. In the event of a threatened taking of all or any portion of the Property which the Association has the obligation to maintain, the Association, on behalf of all the Members, shall be entitled to participate in any and all negotiations pertaining to such taking. Section 10.3 Award for Takings. Any awards received on account of the taking of any portion of the Property which the Association has the obligation to maintain shall be paid solely to the Owners whose Lots or portions thereof are affected by such taking in such amounts as may be determined in the proceedings relating to such taking or as such Owners may agree. Any awards received on account of the taking of any portion of the Common Area Improvements which belong to the Association or on account of the value of any other Association property shall be paid solely to the Association in such amounts as may be determined in the proceedings relating to such taking. Section 10.4 Condemnation of Owner's Improvements. In the event of a taking of all or a portion of any Improvements located on an Owner's Lot, such Owner shall either: (i) promptly perform such work to the remaining Improvements or portions thereof as may be reasonably required by the Architectural Committee; or (ii) to the extent the Owner of such Lot may not or elects not to perform said work to the remaining Improvements or portions thereof, such Owner shall promptly raze the remaining Improvements or portions thereof and shall forthwith grade, pave, and/or landscape the area on which such Improvements were located in a safe and sightly condition. Section 10.5 Reallocation Following Condemnation. Following the condemnation of any Owner's Lot and a Building thereon, or portions thereof ("Condemnation"), the Board shall deduct from the Lot and Property Gross Square Footage and the Building Square Footage the total square footage of the condemned Lot and Building thereon, or any portions thereof, and shall notify each Owner in writing of the results of such calculation. A Condemnation shall not excuse an Owner from payment of all or any portions of an Assessment due for the year of the occurrence of the Condemnation. However, any and all Assessments payable thereafter and which are based on the Gross Square Footage of a Lot, Gross Square Footage of the Property, and/or Building Square Footage shall be prorated on the basis of the recalculated Lot and Property Gross Square Footage and Building Square Footage after the aforesaid deduction and shall be paid on the basis thereof. ARTICLE XI USE RESTRICTIONS 67380\'3 26 8/28/2000 Section 11.1 Permitted Uses. All Lots in the Property shall be used for no purpose other th~3n as permitted by the City's zoning ordinance, Permits and Approvals, this Declaration, the Association Rules, tenant leases, and in accordance with any standards adopted by the Architectural Committee pertaining to the uses of Lots. The standard that is most restrictive shall govern. All other uses are prohibited. Except as otherwise allowed by the Permits and Approvals, no part of the Property shall ever be used or caused to be used or allowed or authorized in any way, directly or indirectly, for any residential or other non-business purpose. All business operations shall be performed, unless otherwise permitted by necessary Permits and Approvals, entirely within an enclosed structure and in such a manner that the operations anduses do not cause or produce a nuisance to other portions of the Property, such as, but not limited to, vibration, sound, radiation, air, water, ground, or ground water, pollution, dust or emission of odors and toxic or nontoxic matter. Section 11.2 Other Operations and Uses. Operations and uses that are neither specifically prohibited nor specifically authorized by this Declaration may be permitted in a specific case if written operational plans and specifications for such operations or uses, containing such information as may be requested by the Architectural Committee, are submitted to and approved in writing by the Architectural Committee, which approval shall be based upon analysis of the anticipated effect of such operations or uses upon other Lots, upon other real property in the vicinity of the Property, and upon the occupants thereof, but shall be in the sole discretion of the Architectural Committee. Section 11.3 Nuisances. No noxious or offensive trade or activity shall be carried on within any Lot or any part of the Property, nor shall anything be done thereon which may be, or may become, an annoyance or. nuisance to the neighborhood, or which shall in any way increase the rate of insurance for any other Lot or the Common Area. In this regard, all noises, sounds, and vibrations shall be appropriately muffled in such a manner so as not to be objectionable as to intermittent beat, frequency, shrillness, or volume. Every use shall be operated in such a manner that the vibration, heat, and glare inherently and recurrently generated from such use is not perceptible beyond the Building in which the use is located. Electrical reflectors, spotlights, flood lights, and other methods of illumination may be used to illuminate buildings, landscaping areas, signs, and parking areas, provided that such devices are equipped with proper lenses concentrating the illumination upon such structures and areas preventing any bright or direct illumination upon adjacent Lots or upon any street, whether public or private, and provided further that any such illumination shall first be approved by the Architectural Committee. The height of pole mounted lights shall not exceed twenty (20) feet; wall mounted lights shall be equipped with cut-off lenses and limited to a mounting height of twelve (12) feet; and outdoor lighting shall be dimmed to security level during non-business hours. No livestock, poultry, or animals of any kind shall be raised, bred, kept, slaughtered, or rendered upon any portion of the Property. A "nuisance" shall include, without limitation, any of the following conditions: 67380V3 27 8/28/2000 (a) emission of dust, sweepings, dirt, or cinders into the atmosphere, or discharges of licp4id, solid wastes, or other harmful matter into the ground, ground waters, or any stream, river, or other body of water, if such emission or discharge may adversely affect the use or intended use of any property or may adversely affect the health, safety, or comfort of Persons in the vicinity, or discharge of waste or any substance or material of any kind into any sewer serving the Property, or any part thereof, in violation of any law, rule, or regulation of any public body having jurisdiction thereof; (b) escape or discharge of fumes, odors, gases, vapors, acids, or other substances into the atmosphere if such escape or discharge may be detrimental to the health, safety, or welfare of Persons, may interfere with the comfort of Persons within the vicinity, or may be harmful to property or vegetation; (c) the perception, at any point outside the boundaries of any Building of any noise or vibration from any activity, machine, device, or combination thereof located within such Building that unreasonably interferes with the use or enjoyment of any other Lot. (d) no outdoor vending machines, other than for the sale of newspapers, shall be placed or maintained on any Lot. (e) no Lot shall be used for outdoor storage, or for the sale, display, inventory or advertisement of any merchandise or material, without review and approval of the City and the Architectural Committee. Section 11.4 Temporary Structures. Except as authorized by Section 16.16, no structure of a temporary character, trailer, tent, shack, barn, or other out-building shall be used on any portion of the Property at any time, either temporarily or permanently unless approved by the Board. Section 11.5 Vehicles. (a) Except as provided in this Section, no recreational vehicle or equipment shall hereafter be permitted to remain upon the Property unless authorized by the Board. (b) No automobile, recreational vehicle, or equipment or commercial vehicle or any other motorized vehicle may be dismantled, rebuilt, repaired, serviced, or repainted on the Property unless authorized by the Board. The foregoing restriction shall not be deemed to prevent temporary parking for loading or unloading of vehicles. (c) The Board may adopt other rules for the regulation of the admission and parking of vehicles, including, without limitation, commercial vehicles and employee and Owner parking within the Property, including the assessment of charges to Owners 28 67380v3 8/28/2000 who violate or whose invitees violate such rules. Any charges so assessed shall be Special Assessments. Such rules adopted by the Board shall take into consideration the need for certain businesses operated upon the Property to have parking available for customers. No parking space may be leased for the exclusive use of a tenant of an Owner. (d) Twenty-four (24) hours after notice has been personally delivered to the Owner by an agent of the Association or placed on the windshield of a vehicle, or Seventy-two (72) hours after notice has been mailed to the address of the registered owner of a vehicle parked, stored, or maintained on the Property in violation of the provisions of this Declaration, the Owner shall be deemed to have consented to the removal of the vehicle from the Property, and the association or its agents or employees shall have the authority to tow away and store any such vehicle, whether the vehicle shall belong to an Owner, its tenant, or its invitee. Charges for such towing and storage shall be paid by the Lot Owner or Occupant responsible for the presence of such vehicle. No storage of vehicles or maintenance or repair of vehicles (except for emergency services) shall be permitted unless specifically authorized by the Board. (e) Drive aisles on any Lot shall not be used by delivery trucks between the hours of 11:00 p.m. and 7:00 a.m. Parking Lot and drive aisle cleaning with sweeping or vacuum equipment shall not be permitted between 11:00 p.m. and 7:00 a.m. No delivery truck or van shall be permitted to be left overnight on any Lot. Section 11.6 Antennae and Other Roof Structure. Unless otherwise approved by the Architectural Committee pursuant to Section 5.3 hereof, no teleVision, radio, or other electronic towers, aerials, antennae, or device of any type for the reception or transmission of radio or television broadcasts or other means of communication (unless the same be contained within a Building) or underground conduit or appliances or installations on exterior roofs of structures including, without limitation, roof-top turbine ventilators, attic ventilators or solar panels shall hereafter be erected, constructed, placed, or permitted to remain on the Property unless and until the same shall have been approved in writing by the Architectural Committee. Section 11.7 Window Covers. No window shall be covered with aluminum foil, newspapers, or other material not designed for use as a window cover. No Owner may modify any window covering originally installed or required to be installed by the Declarant and/or one or more of the Affiliated Entities and visible from the exterior of a Building, without prior approval of the Architectural Committee. Section 11.8 Drainage. There shall be no interference with the established drainage pattern and system over any portion of the Property unless adequate provision is made for proper drainage and is approved by the Architectural Committee. For the purposes hereof an "established drainage pattern and system" is defined as the drainage which exists at the time the overall grading of the Property is completed or that which is shown on any plans approved by the Architectural Committee, and 29 67380v3 8/28/2000 includes, but is not necessarily limited to, underground drain pipes and patterns of drainage over th~_ Property from and to adjoining properties and improvements. The Association shall have the right to use the established drainage pattern and system for the Property. Section 11.9 Utility Usage. Without written consent of the Association, no Owner shall use any machinery, equipment, or facility of any kind on a lot which overloads any utility or communication system located within the Property and serving any other Lot. Section 11.10 Transportation System Management Plan. Each Owner shall participate in and comply with the terms of any Transportation System Management Plan ("TSM Plan") directed by the City or any other governmental entity and implemented by the Declarant, Association or any Owner or Lessee of any Owner in compliance with the TSM Plan. All TSM Plan implementation shall be coordinated by the Association for the benefit of all Lots. ARTICLE XII EASEMENTS Section 12.1 Reservation of Easements. Upon conveyance by the Declarant of fee title to the Common Area, there shall be deemed to be reserved to said Declarant, and Owners, appurtenant to each Lot, within the conveying instrument the below described non-exclusive easements: (a) Utilities. Easements on, over and through the Property for the installation, maintenance and repair of electric, telecommunications, cable television, water, gas, sanitary sewer lines, and drainage facilities as are needed to service any portion of the Property. Wherever sanitary sewer house connections, water house connections, electricity, gas, telephone and cable television or communication lines, or drainage facilities are installed within the Property, the Owners of any Lots served by said connections, lines, or facilities shall have the right, and there is hereby reserved to Declarant together with the right to grant and transfer the same to any Owners as appurtenant to the Lots, easements to the full extent necessary for the full use and enjoyment of such portion of such connections which service such Owner's Lot, and to enter upon the Common Area and any Lots owned by any other Owner (if, and only to the extent that, a utility facility which provides utility service to one Lot is located on another Lot) or to have the City and/or utility companies enter upon the Common Area and the Lots in or upon which said connections, lines, or facilities, or any portion thereof lie to repair, replace, and generally maintain said connections as and when the same may be necessary as set forth below, provided that such owner or utility company shall promptly repair any damage to the Common Area or a Lot caused by such entry as promptly as possible after completion of work thereon. 30 67380v3 8/28/2000 (b) Construction and Sales. Easements over the Property for construction and temporary storage of materials and equipment during the course of construction, and for display, sales, and exhibit purposes in connection with the improvement and sale or lease of all or portions of buildings or Lots within the Property, to the extent such activities are permitted hereunder and not including unreasonable interference with use of areas which have been improved and are being used by an Owner or Occupant. (c) Ingress and Egress. Easements over the portions of the Property that are for pedestrian and vehicular ingress and egress, sufficient to guarantee access and entry and traffic circulation to and within the Property and any Improvements for their intended and permitted use(s). (d) Drainage: Easements for drainage over the Property for the established drainage pattern and system described in Section 11.8 hereof. (e) Support, Settlement and Encroachment. Easements for the purpose of: (i) support and accommodation of the natural settlement of structures; (ii) encroachment by reason of a roof, eave overhand, or similar projections created during the original construction of the Property, if any, or the reconstruction or repair of a Building or Improvements on the Property in accordance with plans and specifications approved by the Architectural Committee; and (iii) encroachments due to original engineering or surveying errors, errors in original constrttction, or errors in reconstruction or repair in accordance with plans and specifications approved by the Architectural Committee. (f) Parking: Easements for parking over all portions of the Common Area designated as parking by Declarant or the Association. Section 12.2 Certain Rights and Easements Reserved to Declarant and Owners. This Declaration cannot be amended to modify or eliminate any easements reserved to Declarant, without prior written approval of Declarant, and any attempt to do so shall have no effect. Any attempt to modify or eliminate this Section shall likewise require the prior written approval of Declarant. Unless otherwise set forth herein, any easement reserved to the Declarant and the Owners herein shall be nonexclusive and appurtenant to the Lots. Such easements shall not unreasonably interfere with the use and enjoyment by the Owners of their Lots. Section 12.3 Certain Easements for Association. The Declarant hereby grants to the Association necessary easements for the purpose of permitting the Association to 31 67380V3 8/28/2000 discharge its obligations as descried in this Declaration. Such easements include, but are not limited to_, easement for access to, and maintenance and repair of any Capital Improvements that exist on the Lots. Section 12.4 Relationship Between Easements. Declarant have granted the City and certain utility companies easements, as set forth in recorded documents and as shown on Parcel Maps which subdivide the Property (the "Existing Easements"). In event of any conflict between the easements reserved in this Article 12 and the Existing Easements, to the extent of such conflict the provisions of the easement documents evidencing the Existing Easements shall control, and the rights granted the City and the utility companies pursuant to the Existing Easements shall supersede the rights reserved in this Article 12. ARTICLE XIII RIGHTS OF MORTGAGEES Section 13.1 Filing Notice; Notices and Approvals. A Mortgagee shall not be entitled to receive any notice which this Declaration requires the Association to deliver to Mortgagees unless and until such Mortgagee, or its mortgage servicing contractor, has delivered to the Board a written notice stating that such Mortgagee is the holder of a Mortgage encumbering a Lot within the Property. Such notice need not state which Lot or Lots are encumbered by such Mortgage, but shall state whether such Mortgagee is a First Mortgagee. Notwithstanding the foregoing, if any right of a Mortgagee under this Declaration is conditioned on a specific written request to the Association, in addition to having delivered the notice provided in this Section, a Mortgagee must also make such request, either in a separate writing delivered to the Association or in the notice provided above in this Section in order to be entitled to such right. Except as provided in this Section, a Mortgagee's rights pursuant to this Declaration, including, without limitation, the priority of the lien of Mortgages over the lien of Assessments levied by the Association hereunder, shall not be affected by the failure to deliver a notice to the Board. Any notice or request delivered to the Board by a Mortgagee shall remain effective without any further action by such Mortgagee for so long as the facts set forth in such notice or request remain unchanged. Section 13.2 Priority of Mortgage Lien. No breach of the covenants, conditions, or restrictions herein contained, nor the enforcement of any lien provision herein, shall affect, impair, defeat, or render invalid the lien or charge of any Mortgage made in good faith and for value encumbering any Lot, but all of said covenants, conditions, and restrictions shall be binding upon and effective against any Owner whose title is derived through foreclosure or trustee's sale or otherwise with respect to a Lot except as otherwise provided in this Article. Section 13.3 Curing Defaults. A Mortgagee or the immediate transferee of such acquires title by judicial foreclosure, deed in lieu of foreclosure, or trustee's sale shall 32 67380v3 8/28/2000 not be obligated to cure any breach of the provisions of this Declaration which occurred prior to the date-such Mortgagee acquired the title to a Lot which is non-curable or of a type which is not practical or feasible to cure. The determination of the Board made in good faith as to whether a breach is non-curable or not feasible to cure shall be final and binding on all Mortgagees. Section 13.4 Resale. It is intended that any loan to facilitate the resale of any Lot after judicial foreclosure, deed in lieu of foreclosure, or trustee's sale is a loan made in good faith and for value and entitled to all of the rights and protections afforded to other Mortgagees. Section 13.5 Relationship with Assessment Liens. (a) The lien provided for in Article IV hereof, entitled "Nonpayment of Assessments," for the payment of Assessments shall be subordinate to the lien of any Mortgage which was recorded prior to the date any such Assessment becomes due. (b) If any Lot subject to a monetary lien created by any provision hereof shall be subject to the lien of a Mortgage: (1) the foreclosure of any lien created by anything set forth in this Declaration shall not operate to affect or impair the lien of such Mortgage; and (2) the foreclosure of the lien of said Mortgage, the acceptance of a deed in lieu of foreclosure of the Mortgage, or sale under a power of sale included in such Mortgage (such events being hereinafter referred to as "Events of Foreclosure") shall not operate to affect or impair the lien hereof, except that any Persons who obtain an interest through any of the Events of Foreclosure, and their successors in interest, shall take title free of the lien hereof or any personal obligation for said charges as shall have accrued up to the time of any of the Events of Foreclosure, except for liens or claims for a share of such Assessments resulting from a reassessment pursuant to Section 4.5 hereof, but subject to the lien hereof for all said charges that shall accrue subsequent to the Events of Foreclosure. (c) Nothing in this Section shall be construed to release any Owner from his obligations to pay for any assessment levied pursuant to this Declaration. Section 13.6 Other Rights of Mortgagees. Any Mortgagee or its mortgage servicing contractor shall, upon written request to the Association, be entitled to: (a) hours; inspect the books and records of the Association during normal business (b) receive written notification from the Association of any default in the performance of the obligations imposed by this Declaration by the Owner whose Lot is encumbered by such Mortgagee's Mortgage, which default has not been cured within sixty (60) days of a request therefor by the Association; provided, however, the Association shall only be obligated to provide such notice to Mortgagees who have 33 67380v3 8/28/2000 delivered a written request therefor to the Association specifying the Lot or Lots to which such request relates. Section 13.7 Mortgagees Furnishing Information. Mortgagees are hereby authorized to furnish information to the Board concerning the status of any Mortgage. Section 13.8 Conflicts. In the event of any conflict between any of the provisions of this Article and any of the other provisions of this Declaration, the provisions of this Article shall control. ARTICLE XIV PROTECTION OF THE PRO|ECT FROM LIENS Section 14.1 Association to Defend Certain Actions. In the event that a lawsuit is brought against all or substantially all of the Members which will or could result in any lien or encumbrance being levied against the Property, or the Common Area, or a substantial portion thereof, the Association shall defend such lawsuit, if required by the Board, and the costs of such defense shall be a Special Assessment against all of the Members joined as defendants in such lawsuit. Nothing contained herein shall in any way limit the rights of any Member or Members to retain counsel of their choice to represent them in such lawsuit at their own expense. In the event that a Member so chooses, he shall not be relieved of liability for the Special Assessment provided for in this Section. Section 14.2 Payment of Lien. In the event that a lien or encumbrance attaches to any portion of the Property by reason of judgment or otherwise, due to the act or omission of the Association,' the Association may, but shall not be obligated to, promptly take the appropriate steps to remove such lien, including but not limited to the payment of money and the posting of a bond. The Association shall have the power to borrow money and to take such other steps as are necessary to free the Property of such liens. Section 14.3 Owners to be Specially Assessed. Simultaneously with any action taken pursuant to Section 14.2, the Association shall levy a Special Assessment against all of the Members whose Lots were subject to the lien or encumbrance or which otherwise caused the Association to act pursuant to said Section, equal to each such Member's pro rata share of such lien or encumbrance as such share may be fairly and equitably determined by the Board. In the event that such Special Assessment is not paid within thirty (30) days of its due date, the Board may effect the remedies of the California Civil Code and Article IV hereof, entitled "Nonpayment of Assessments." Section 14.4 Reimbursement by Certain Owners. In the event that it shall be proven in a court of law of competent jurisdiction over the claim or claims causing the Association to take action under this Article that a judgment resulting in a lien on all or 34 67380v3 8/28/2000 a portion of the Property was due to the acts or omission of a Member or his agents, employees, or in~_itees, such Member or Members shall reimburse the Association for all damages and expenses incurred by it pursuant to the provisions of this Article. Upon such reimbursement, the Association shall distribute the funds received to the Members against whom Special Assessments were levied pursuant to the provisions of this Article. ARTICLE XV INTEGRATED NATURE OF THE PROPERTY Section 15.1 Annexation. Declarant hereby reserves for itself the right, but it shall be under no obligation, to acquire and to subject to this Declaration one or more of the various Parcels of real property contiguous to the Property (the "Annexed Property"); provided, however that such Parcel(s) shall not become subject to this Declaration unless and until a Supplemental Declaration shall have been so executed and recorded. Section 15.2 Supplemental Declarations. A Supplemental Declaration shall be a writing in recordable form which annexes real property to the plan of this Declaration, and which incorporates by reference all of the covenants, conditions, restrictions, and other provisions of this Declaration, and shall contain such other provisions as set forth in this Declaration relating to the Supplemental Declaration. A Supplemental Declaration may contain such complementary additions and modifications of the covenants, conditions, and restrictions contained in this Declaration as may be necessary to reflect the different character of the Annexed Property, if any, and as are not inconsistent with the plan of this Declaration. In no event, however, shall any such Supplemental Declaration or any merger or consolidation of one or more of the Lots revoke, modify, or add to the covenants established by this Declaration with respect to the then Property. Section 15.3 Annexation Without Approval and Pursuant to General Plan. Prior to the transfer of or vesting of voting rights to the Members in accordance with Section 2.3 hereof, any and all of the Annexed Property may be annexed to and become subject to this Declaration and subject to the jurisdiction of the Association without the approval assent, or vote of the Association or its Members, provided that a Supplemental Declaration covering the Annexation Property shall be executed and recorded by the Declarant. The recordation of said Supplemental Declaration shall constitute and effectuate the annexation of the said real property described therein, making the Annexed Property subject to this Declaration and subject to the functions, power, and jurisdiction of the Association, and thereafter the Annexed Property shall be part of the Property and all of the Owners in the Annexed Property shall automatically be Members. 35 67380v3 8/28/2000 Section 15.4 Annexation Pursuant to Approval. Following the transfer of voting rights to or vestix3_g of voting in the Members in accordance with Section 2.3 hereof, Declarant shall not be entitled to annex any or all of the Annexed Property to the plan of this Declaration without the approval in writing of a majority of the total voting power of the Association. Section 15.5 Limitation Upon Annexation. Notwithstanding the foregoing Sections of this Article, neither a portion nor all of the Annexed Property shall be annexed to the plan of this Declaration if, in the sole discretion of the Board, the Board determines that the effect of such annexation would substantially increase the Assessments of the Owners. In connection with the annexation of any Annexed Property, the owner thereof shall be solely responsible for the cost of installing and completing all public improvements required by the City as a condition to the approval by the City of any subdivision maps filed by the owner thereof in connection with such annexation. Section 15.6 Reallocation of Assessments. Following the annexation of any real property pursuant to the terms of this Article and the execution and recordation of a Supplemental Declaration in accordance with Section 15.1 hereof, the Board shall recalculate the total Gross Square Footage of the Property and, if the annexed real property is improved, the total Square Footage of the Buildings on said annexed real property and shall notify each Owner in writing of the results of such recalculation. The Annexed Property shall be subject to Assessments hereunder immediately upon annexation. Any and all Assessments payable thereafter pursuant to this Declaration shall be prorated on the basis of the aforesaid recalculation and shall be paid on the basis thereof. ARTICLE XVI ~ENERAL PROVISIONS Section 16.1 Enforcement. The Association, or any Owner, or both, shall have the right to enforce, by proceedings at law or in equity, all restrictions, conditions, covenants, and reservations now or hereafter imposed by the provisions of this Declaration or any amendment thereto, including the right to prevent the violation of any such restrictions, conditions, covenants, or reservations and the right to recover damages or other dues for such violation. Without limiting the generality of the immediately preceding sentence, the Association, or any Owner, or both, shall have the right to enforce as equitable servitudes all restrictions, conditions, covenants and reservations now or hereafter imposed by the provisions of this Declaration or any amendments thereto. The Association, or any Owner, or both, shall also have the right to enforce by proceedings at law or in equity the provisions of the Articles or By-laws and any amendments thereto. With respect to architectural control, Assessment liens, or other liens or charges and Association Rules, the Association shall have the exclusive right to the enforcement thereof. 36 67380v3 8/28/2000 Section 16.2 No Waiver. Failure by the Association or by any Member to enforce any cov-e_nant, condition, or restriction herein contained, or the Articles, By- laws, or Association Rules in any certain instance or on any particular occasion shall not be deemed a waiver of such right on any such future breach of the same or any other covenant, condition, or restriction. Section 16.3 Cumulative Remedies. All rights, options, and remedies of Declarant, the Association, the Owners or Mortgagees under this Declaration are cumulative, and no one of them shall be exclusive of any other, and shall have the right to pursue any one or all of such rights, options, and remedies or any other remedy or relief which may be provided by law, whether or not stated in this Declaration. Section 16.4 Severability. Invalidation of any one or a portion of these covenants, conditions, or restrictions by judgment or court order shall in no way affect any other provisions that shall remain in full force and effect. Section 16.5 Covenants to Run with the Land; Term. The covenants, conditions, and restrictions of this Declaration shall run with and bind the Property and shall inure to the benefit of and be enforceable by the Association or any Owner, their respective legal representatives, heirs, successors, and assigns for a term of sixty (60) years from the date this Declaration is recorded, after which time said covenants, conditions, and restrictions shall be automatically extended for successive periods of ten (10) years, unless an instrument, signed by a majority of the then Owners, has been recorded at least one (1) year prior to the end of any such period, agreeing to terminate said covenants, conditions, and restrictions in whole or in part. Section 16.6 Construction. The provisions of this Declaration shall be liberally construed to effectuate its purpose of creating a plan for the development of a light industrial, research, business and office community or tract and for the maintenance of the Property. The Article and Section headings have been inserted for convenience only, and shall not be considered or referred to in resolving questions of interpretation or construction. Section 16.7 Singular Includes Plural. Whenever the context of this Declaration requires same, the singular shall include the plural and the masculine shall include the feminine and the neuter. Section 16.8 Nuisance. The result of every act or omission, whereby any provision, condition, restriction, covenant, easement, or reservation contained in this Declaration is violated in whole or in part, is hereby declared to be and constitutes a nuisance, and every remedy allowed by law or equity against a nuisance, either public or private, shall be applicable against every such result, and may be exercised by the Association or any Member. Such remedy shall be deemed cumulative and not exclusive. 37 67380v3 8/28/2000 Section 16.9 Attorneys' Fees. In the event an action is instituted to enforce or interpret any of_t=h_ e provisions in this Declaration, the party prevailing in such action shall be entitled to recover from the other party or parties thereto, as part of the judgment, reasonable attorneys' fees and costs of such suit. Section 16.10 Notices. Any notice to be given to an Owner or a Mortgagee or mortgage servicing contractor under the provisions of this Declaration shall be in writing, unless otherwise provided for in this Declaration, and may be delivered as follows: (a) Notice to an Owner or Mortgagee shall be delivered personally or sent by registered or certified mail, return receipt requested, to the most recent address furnished by such parties in writing to the Association for the purpose of giving notice, or if no such address shall have been furnished, then to the street address of such Owner's Lot or to any office of the Mortgagee in the County in which the Property is located, or if no such office is located in said County, to any office of such Mortgagee. Any notice so deposited in the mail within the County in which the Property is located, shall be deemed delivered forty-eight (48) hours after such deposit. In the case of co- Owners, any such notice may be delivered or sent to any one of the co-Owners on behalf of all co-Owners and shall be deemed delivery on all such co-Owners. (b) The affidavit of an officer or authorized agent of the Association declaring under penalty of perjury that a notice has been mailed to any Owner or Owners, to any Mortgagee or Mortgagees or to all Members or Mortgagees, to the address or addresses shown on the records of the Association, shall be deemed conclusive proof of such mailings, whether or not such notices are actually received. Section 16.11 Exempted Improvements. Any and all Improvements built, constructed, erected, repaired or replaced by the Declarant on the Property shall not be subject to the provisions of Article V, entitled "Architectural Control" or the provisions of Article XI, entitled "Use Restrictions." Section 16.12 Effect of Declaration. This Declaration is made for the purposes set forth in the Recitals to this Declaration and Declarant makes no warranties or representations, express or implied, as to the binding effect or enforceability of all or any portion of this Declaration, or as to the compliance of any of these provisions with public laws, ordinances, and regulations applicable thereto. Section 16.13 Personal Covenant. To the extent the acceptance of a conveyance of a Lot creates a personal covenant between the Owner of such Lot and Declarant, or other Owners, such personal covenant shall terminate and be of no further force or effect from and after the date when a Person ceases to be an Owner, except to the extent this Declaration may provide otherwise with respect to the payment of money to the Association. 38 67380V3 8/28/2000 Section 16.14 Nonliability of Officials. To the fullest extent permitted by law, neither the Boar~_, the Architectural Committee, any other committees of the Association nor any member of such Board or committee, nor any officer of the Board or Association shall be liable to any Member or the Association for any damage, loss, or prejudice suffered or claimed on account of any decision, approval, or disapproval of plans or specifications (whether or not defective), course of action, act, omission, error, negligence or the like made in good faith or which such Board, committees or Persons reasonably believed to be within the scope of their duties. Section 16.15 Leases. Any agreement for the leasing or rental of a Lot or any Building thereon (hereinafter in this Section referred to as a "lease") which is executed after the date hereof, shall provide that the terms of such lease shall be subject in all respects to the provisions of this Declaration, the Articles, the By-laws, and the Association Rules. Said lease shall further provide that any failure by the lessee thereunder to comply with the terms of the foregoing documents shall be a default under the lease. All leases shall be in writing. Any Owner who shall lease his Lot or Building thereon shall be responsible for assuring compliance by such Owner's lessee with this Declaration, the Articles, the By-laws, and the Association Rules. Section 16.16 Construction by Declarant. Nothing in this Declaration shall limit the right of Declarant to alter the Lots, or to construct such additional Improvements as Declarant deems advisable prior to completion of Improvements upon and sale of the entire Property. Such right shall include, but not be limited to, erecting, constructing, and maintaining on the Property such structures and displays as may be reasonably necessary for the conduct of the business of completing the work and diSposing of the same by sale, lease, or otherwise. This Declaration shall not limit the right of Declarant at any time prior to acquisition of title by a purchaser from Declarant to establish on the Property additional easements, licenses, reservations, and rights-of-way to itself, to utility companies, or to others as may from time to time be reasonably necessary to the proper development and disposal of the Property. Declarant reserves for itsself the right to alter its construction plans and designs as it shall deem appropriate. The rights of Declarant hereunder may be assigned to any successor or successors to all or part of said entity's respective interest in the Property, by an express assignment, transferring such interest to such successor. Declarant shall exercise its rights contained in this provision in such a way as not to unreasonably interfere with the Members' rights to use and enjoy the Property. Section 16.17 Amendments~ Repeal. Subject to the other provisions of this Declaration, including without limitation, the rights of Mortgagees pursuant to Articles VIII and XIII hereof, entitled, respectively, "Insurance" and "Rights of Mortgagees," or otherwise, this Declaration may be amended as follows: (a) Until such time as voting rights shall have been transferred to or vested in the Members in accordance with Section 2.3 hereof, amendments or modifications to this Declaration or repeal of this Declaration shall be effective when executed by the 39 67380v3 8/28/2000 Declarant and approved by all Mortgagees which have interests encumbering the Lot or Lots of the Decl~ant, when the President and Secretary of the Association shall execute a certificate stating that the Declarant and all said Mortgagees are the only individuals and/or entities which must approve same, and when the aforesaid certificate of the President and the Secretary of the Association and the amendment or modification are both recorded in the Official Records of the County. Thereafter, this Declaration may be amended or modified only by the affirmative vote or written ballot or written consent of Members representing at least two-thirds (2/3) of the voting power of the Association, and by the written consent of all Mortgagees; provided, however, that so long as the Declarant owns at least ten percent (10%) of the Lots within the Property, then this Declaration may not be repealed without the prior written consent of the Declarant. (b) An amendment, modification, or repeal that requires the vote and written assent of the Members and Mortgagees as herein above provided shall be effective when the herein above required percentage of Members, Mortgagees, individuals or entities have approved same, when that fact has been certified in a certificate executed by the President and Secretary of the Association and when the aforesaid certificate of the President and Secretary of the Association and the amendment, modification, or document evidencing Repeal of the Declaration, are both recorded in the Official Records of the County. (c) Should any Mortgagee fail to respond to a written request for consent to or approval of a proposed amendment or modification to this Declaration within thirty (30) days after such request has been mailed to that Mortgagee by Declarant, or the Association, such failure to respond shall be deemed consent to and approval of the amendment or modification proposed in that written request. Section 16.18 Estoppel Certificates. Upon the written request of any Owner, the Board shall provide the Owner with a written certificate stating that, to the best of its actual knowledge, the Owner or the Owner's Lot is not in violation of any of the provisions of this Declaration and the Board has not received written notice from any Owner stating that the Owner or Owner's Lot is in violation of this Declaration, or if there are any such violations or the Board has received such notices, stating in sufficient detail the nature of such violations. The certificate shall be delivered to the Owner no later than thirty (30) days after such request by an Owner. The Board may charge the Owner a reasonable fee to recover its costs in researching and preparing the certificate. Any prospective purchaser or Mortgagee of the Owner's Lot shall be entitled to rely on the information contained in the certificate; provided, however, that such reliance may not extend to any violations of this Declaration of which the Board does not have actual knowledge, or which have not been brought to its attention by written notice of an Owner. To the fullest extent permitted by law and provided the Board, the Association, any committee of the Association or Board, and any members thereof, and any officers of the Association or Board, acted in good faith and consistent with what they reasonably believed to be within the scope of their authority, and duties, then 40 67380v3 8/28/2000 neither the Board, the Association, any committees of the Association or Board, any members thereof~ or any officers of the Association or Board shall be liable to the Owner requesting the certificate or any other Owner of a Lot for any damage, loss, or prejudice suffered or claimed on account of the failure to supply such certificate or on the account of any information contained in the certificate being incomplete or inaccurate and said was actually unknown to any of the above Persons. Section 16.19 Constructive Notice and Acceptance. Every Person who now or hereafter owns or acquires any right, title or interest in or to any portion of the Property is and shall be conclusively deemed to have consented and agreed to every covenant, condition and restriction contained herein, whether or not any reference to this Declaration is contained in the instrument by which such Person or entity acquired an interest in said property. Section 16.20 Planned Development. The development project currently being constructed on the Property is and when completely constructed shall be a "planned development" as that term is defined in Section 1351(k) of the Civil Code of the State of California. The immediately preceding statement is included in this Declaration only for the purpose of complying with the requirements of Section 1353 of the Civil Code of the State of California and for no other purpose. Describing the aforesaid Development project as a "planned development" shall in no way subject said development project and/or the Property to any additional laws, ordinances, orders, codes, rules, regulations and requirements of any federal, state, county, and municipal governmental agencies and bodies other than would be applicable to said development project and/or Property if the development project had not been described in this Declaration as a "planned development". Section 16.21 Limitation of Liability. Notwithstanding any contrary provision in this Declaration, the Articles, the By-laws, or the Association Rules, the liability of the Declarant for any liabilities, damages, claims, awards, judgments, fees or costs resulting from the failure of Declarant or the failure of Declarant's partners, or the partners, directors, or officers of Declarant's partners, or the failure of Declarant's agents, contractors, or employees, to keep, observe and perform all the duties, obligations, agreements, covenants, conditions and restrictions imposed by this Declaration, the Articles, the By-laws or the Association Rules (collectively, the "Declarant's Liabilities"), shall be limited to the equity interest of the Declarant in the Lot or Lots then owned by the Declarant. No other property, real or personal, of Declarant, nor the partners of Declarant, nor of the partners, directors, officers, shareholders or members of the partners of Declarant, shall be available or liable for the satisfaction of the Declarant's Liabilities. Section 16.22 Rights/Obligations. Any and all rights, duties, obligations, covenants and agreements under this Declaration to be exercised by or performed by the Declarant shall be deemed exercised or performed for purposes of this Declaration if exercised or performed by all of the then Declarant under this Declaration. 41 67380v3 8/28/2000 Section 16.23 Governing Law. This Declaration is made in the State of California and the validity,-construction, and enforceability of this Declaration and each of its provisions shall be governed by applicable laws of the State of California. IN WITNESS WHEREOF, the Declarant has executed this instrument the day and year first herein above written. DECLARANT: LEGACY-RECP II HACIENDA OPCO, LLC, a Delaware limited liability company By: DLJ REAL ESTATE CAPITAL PARTNERS II, L.P., a Delaware limited partnership Its Managing Member By: DLJ REAL ESTATE CAPITAL II, L.P., a Delaware limited partnership Its General Partner By: DLJ REAL ESTATE CAPITAL II, INC., a Delaware corporation Its Managing General Partner 67380v2 42 ?/10/2000 T EXHIBIT A LEGAL DESCRIPTION OF LAND That certain real property in the City of Campbell, County of Santa Clara, State of California, more particularly described as follows: All of Lots ~, ~, ~ O-~& ~ , as shown on that certain Parcel Map entitled, "~)cr Cc_~ V/\ ccD ,' which Parcel Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California, on ©c_~-ok-~e_c '~© , 2000 in BookC)33 of Parcel Maps, at Page(s) 3~otf)o~ 3"3.~ 67380v3 EXHIBIT "B" COMMON AREAS DESCRIPITON (Site Plan) EXHIBIT "B" 67380V3 lilt 1 & ~ .. Architects, Inc Wm CALIFORNIA_ALL-PURPOSE ACKNOWLEDGMENT State of California ~ County of ~ ~~ / ss. - O On ,~¢,M ~;.,[- t~ ' ' ' *' Date - · personally appeared /¢¢, 2.~00, before me, (",~lb,q'~.lL~. O. r~A.f Cg4f-¢_.~ ----- . , -- - -v - ~ame and Title of OffiCer (eg.. :Jane Doe, Notary Public") ' ~ ~ - 'Name(s) of Signer(s) ' ,,~personally known to me [] proved to me on the basis of satisfactory evidence -'. ~_-,.l..J~ Commission # 1262759 ! ~ Notory Public- California j ~ t.os,~e~es Coun~ to be the person/ts") whose name(~ is/zr~ subscribed to the within instrument and acknowledged to me that he/~ executed the same in his/kefCCtek authorized capacity(i.~, and that by his/~ signaturef, c)'on the instrument the person(~], or the entity upon behalf of which the person.~ acted, executed the instrument. Place Notary Seal Above W,~/,/~?r~ y, !~nd and_official seal. / (.~ v . - v - Sighature~f l~otary 15ublic ~ OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title orType of Document: ~~...~.'_tg~ ~" ~_ _]~.~_Vl'~_. ~I',~OYI~ ~ ~,'~ Document Date: ~k ~/~ Number of Pages: Signer(s) Other Than Named Above: ~ ~ Capacity(ids) Clai.~ed by Signer Signer's Name: ~'~ ~. I/~' ~/ .4~ i Individual i ! Corporate Officer-- Title(s): ii Partner -- [, Limited I, General i Attorney in Fact i~ Trustee i Guardian or Conservator i Other: Signer Is Representing: Top of thumb here © 1999 National Notary Association · 9350 De Soto Ave., P.O. Box 2402 * Chatsworth, CA 91313-2402 · www. nationalnotary org Prod No. 5907 Reorder: Call Toll-Free 1-800-876-6827 'CITY OF CAMPBELL Public Works Department October 26, 2000 Mr. Cesar Castelo Fidelity National Title Company 2150 N. First Street, Suite 310 San Jose, CA 95131 Re: 200-254 Hacienda Avenue/1315-1357 Dell Avenue Parcel Map - Legacy Partners Dear Mr. Casteto: Enclosed herewith are the following documents for prompt recordation in the order listed. to recordation of the Street Improvement Agreement and CC&R's, insert the recorded Parcel Map information. Parcel Map - 2 mylar sheets Street Improvement Agreement Conditions, Covenants and Restrictions Please provide the City with the following: Conformed mylar copies of the recorded Parcel Map. Three blueline copies of the recorded maps. Conformed copies of the Agreement and CC&R's. Please let me know as soon as the map records. Thank you for your cooperation. Sinc,,erely,/ . f P Enclosures Prior cc: Steven Haver, Legacy Partners Commercial, Inc., 4000 E. Third Ave., Suite 600, Foster City 94404-4810 Robert Kass, Public Works Director Sharon Fierro, Community Development Director Bill Helms, Land Development Manager Bill Bruckart, Building Official Tim Haley, Associate Planner Anne Byee, City Clerk Alan Horn, Public Works Inspector H:\word\landde¢200254HA(jd) 70 North First Street . Campbell, California 95008-1423 · TEL 408.866.2150 . FAX 408.376.0958 . TDD 408.866.2790 C~x CITY OF CAMPBELL Community Development Department · Current Planning June 29, 2000 Brock Grayson 5000 Executive Parkway, #298 San Ramon, CA 94583 Re: PLN2000-76 - 200-254 Hacienda Avenue/1315-1357 Dell Avenue Dear Applicant: Please be advised that the Planning Commission, at its meeting of June 27, 2000, adopted Resolution No. 3286 approving a Landscape Plan and Tree Removal Permit (PLN2000-76) for the above-referenced properties. This approval is effective in ten days, unless appealed in writing "to the City Clerk. The time within which judicial review of this decision must be sought is governed by California Code of Civil Procedure, Section 1094.6. If you have any questions, do not hesitate to contact me at (408) 866-2140. Sincerely,__ Tim J. Haley'-' Associate Planner cc: Legacy Partners (Property Owners) 4000 E. Third Avenue, #600 Foster City, CA 94404 70 North First Street · Campbell, California 95008.1423 · TEL 408.866.2140 · F^X 408.866.8381 · TDD 408.866.2790 RESOLUTION NO. 3286 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A LANDSCAPE PLAN AND TREE REMOVAL PERMIT FOR PROPERTY LOCATED AT 200-254 EAST HACIENDA AVENUE AND 1315-1357 DELL AVENUE IN A CM/B-80 (CONTROLLED MANUFACTURING) ZONING DISTRICT. APPLICATION OF MR. BROCK GRAYSON. FILE NO. PLN2000-76. After notification and public heating, as specified by law, and after presentation by the Community Development Director, proponents and opponents, the heating was closed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to application PLN2000-76: An initial study was prepared for this project which concludes there are no significant environmental impacts and a Negative Declaration has been granted for this project. The proposed building design and site layout are consistent with the industrial land use of the General Plan and the (CM B-80) Controlled Manufacturing designation for the site. The proposal achieves the following objectives: Creates an architecturally pleasing project reflective of the other approved research and development parks in the community through the introduction of landscaping and pavement treatments. The proposed circulation accommodates the parking and access needs of the proposed uses and has provided pavement treatments to enhance the project entrance. The proposed landscape plan indicates the installation of approximately 110 twenty-four inch box trees within the new landscape islands throughout the project. 5. The project site plan indicates that 20 percent of the project will be landscaped. 6. The project will not create a nuisance due to noise, litter, vandalism, traffic or other factors. Based on the foregoing findings of fact, the Planning Commission further finds and concludes that: Planning Commission Resolution No. 3286 PLN2000-76 -- 200-254 E. Hacienda/1315-1357 Dell Avenue -Brock Grayson Page 2 The proposed project will aid in the enhancement and the harmonious development of the immediate area. The establishment, maintenance, or operation of the uses will not be detrimental to the public health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood of such proposed use. The proposed site layout provides a desirable site layout for a research and development use in this neighborhood. The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions in accordance with the ordinance of the City of Campbell and the State of California. The lead department with which the applicant will work is identified on each condition where necessary. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified: COMMUNITY DEVELOPMENT 1. prc,?e,t Approval: Approval is granted for a Landscape Plan and Tree Removal Permit (PLN 2000-76) allowing modifications to landscaping areas on property located at 200-250 E. Hacienda Avenue and 1315 - 1357 Dell Ave. consisting of the following: · Tree Survey and Landscape Plans prepared by Carducci & Associates, Inc consisting of seven sheets dated May 1, 2000. · Tree protection shall be provided for existing retained trees per the tree survey where construction activities warrant such protection. PASSED AND ADOPTED this 27th day of June, 2000, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Francois, Hemandez, Jones, Keams Gibbons Lindstrom, Lowe None ATTEST: APPROVED: Sharon Fierro, Secretary Elizabeth Gibbons, Chair Planning Commission Minutes of June 27, 2000 Page 2 ORAL REQUESTS There were no oral requests. PUBLIC HEARING Chairperson Gibbons read Agenda Item No. 1 into the record. PLN2000-76 Grayson, B. Public Hearing to consider the application of Mr. Brock Grayson, on behalf of Legacy Partners, for approval of a Landscape Plan and Tree Removal Permit (PLN2000-76) for property located at 200-254 Hacienda Avenue and 1315-1357 Dell Avenue in a CM/B-80 (Controlled Manufacturing) Zoning District. A Negative Declaration was previously adopted for this project. Planning Commission decision final, unless appealed in writing to the City Clerk within 10 days. Mr. Tim J. Haley, Associate Planner, presented the staff report as follows: · Advised that the applicants are seeking approval of a Landscape Plan and Tree Removal Permit for the Hacienda Business Park located at the comer of Hacienda and Dell. The Commission granted a Site and Architectural Approval to allow the conversion of office and manufacturing uses into research and development. · The applicants will install new sidewalks along the street frontage. It had been considered to have the sidewalk meander through the landscaping on the site. · The site will be re-striped and additional parking spaces added. · A tree inventory has been prepared which lists 343 trees. Of those, 49 trees are impacted by the re-landscaping or 14%. The new and revised landscaping will add 110 new 24-inch box trees. · The landscaping ratio was and will remain 20%. · Staff recommends that the Commission adopt a Resolution approving this Landscaping Plan and Tree Removal Permit. Chairperson Gibbons explained that the parking ratio was inadequate and that the applicants had to reconfigure the parking lot to meet the parking requirements. Stated that she felt there were opportunities to retain a few of the mature trees within the landscaping plan and lose only six spaces. Mr. Tim J. Haley advised that the parking is being increased by 300 spaces. Chairperson Gibbons said that some trees are being relocated and that some of the trees that will be retained are in poor to fair condition. Mr. Tim J. Haley said that those trees are being retained because they are not in the way of the reconfigured lot. Planning Commission Minutes of June 27, 2000 Page 3 Chairperson Gibbons questioned the plan to relocate palms to the entrance. Commissioner Francois presented the Site and Architectural Review Committee meeting as follows: · This project was reviewed by SARC on June 13, 2000. · Advised that SARC was very supportive of this application. Chairperson Gibbons opened the Public Hearing for Agenda Item No. 1. Chairperson Gibbons closed the Public Hearing for Agenda Item No. 1. Chairperson Gibbons: · Said that the applicant is to be commended. · Added that from her personal perspective approximately five trees could be maintained with the loss of only six spaces. · Suggested that the applicant try to maintain a few more trees even if compromising a small number of parking spaces. · Added that she did not feel that palms were an appropriate tree to feature here in Campbell, that they are a current fad and being overused. In a few years, these palms will look very dated. Commissioner Keams agreed that she was in favor of retaining instead of removing as many trees as possible. Chairperson Gibbons suggested that this should occur only if staff felt the trees were of substance and could be kept. This could result in less than a 1:250 parking ratio. Motion: Upon motion of Commissioner Hernandez, seconded by Commissioner Jones, the Planning Commission adopted Resolution No. 3286 approving a Landscape Plan and Tree Removal Permit (PLN2000-76) for property located at 200-254 Hacienda Avenue and 1315-1357 Dell Avenue, by the following roll call vote: AYES: Francois, Hernandez, Jones, Kearns NOES: Gibbons ABSENT: Lindstrom, Lowe ABSTAIN: None Chairperson Gibbons advised that this action is final, unless appealed in writing to the City Clerk within 10 days. Chairperson Gibbons read Agenda Item No. 2 into the record. RESOLUTION NO. 3286 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A LANDSCAPE PLAN AND TREE REMOVAL PERMIT FOR PROPERTY LOCATED AT 200-254 EAST HACIENDA AVENUE AND 1315-1357 DELL AVENUE IN A CM/B-80 (CONTROLLED MANUFACTURING) ZONING DISTRICT. APPLICATION OF MR. BROCK GRAYSON. FILE NO. PLN2000-76. After notification and public hearing, as specified by law, and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to application PLN2000-76: An initial study was prepared for this project which concludes there are no significant environmental impacts and a Negative Declaration has been granted for this project. The proposed building design and site layout are consistent with the industrial land use of the General Plan and the (CM B-80) Controlled Manufacturing designation for the site. The proposal achieves the following objectives: Creates an architecturally pleasing project reflective of the other approved research and development parks in the community through the introduction of landscaping and pavement treatments. o The proposed circulation accommodates the parking and access needs of the proposed uses and has provided pavement treatments to enhance the project entrance. The proposed landscape plan indicates the installation of approximately 110 twenty-four inch box trees within the new landscape islands throughout the project. 5. The project site plan indicates that 20 percent of the project will be landscaped. 6. The project will not create a nuisance due to noise, litter, vandalism, traffic or other factors. Based on the foregoing findings of fact, the Planning Commission further finds and concludes that: Planning Commission Resolution No. 3286 PLN2000-76 -- 200-254 E. Hacienda/1315-1357 Dell Avenue -Brock Grayson Page 2 The proposed project will aid in the enhancement and the harmonious development of the immediate area. The establishment, maintenance, or operation of the uses will not be detrimental to the public health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood of such proposed use. The proposed site layout provides a desirable site layout for a research and development use in this neighborhood. The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions in accordance with the ordinance of the City of Campbell and the State of Califomia. The lead department with which the applicant will work is identified on each condition where necessary. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified: COMMUNITY DEVELOPMENT 1. Pm?ct Ap?nv_al: Approval is granted for a Landscape Plan and Tree Removal Permit (PLN 2000-76) allowing modifications to landscaping areas on property located at 200-250 E. Hacienda Avenue and 1315 - 1357 Dell Ave. consisting of the following: · Tree Survey and Landscape Plans prepared by Carducci & Associates, Inc consisting of seven sheets dated May 1, 2000. · Tree protection shall be provided for existing retained trees per the tree survey where construction activities warrant such protection. PASSED AND ADOPTED this 27t~ day of June, 2000, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Francois, Hemandez, Jones, Keams Gibbons Lindstrom, Lowe None ATTEST: APPROVED: Sharon Fierro, Secretary Elizabeth Gibbons, Chair ~.oF'C~ CITY OF CAMPBELL Community Development Department · Current Planning June 28, 2000 Steven Hayer Development Coordinator Legacy Parmers 4000 E. Third Avenue, #600 Foster City, CA 94404 Re: Hacienda Business Park - 250-254 E. Hacienda Avenue/1315-1357 Dell Avenue Dear Steven: This letter will serve as notice of the following information: We are not aware of any pending circumstances, which would render the certificates of occupancy invalid or cause them to be revoked for the current occupants of the buildings on the referenced property; and The project is zoned C-M/B-80. This zoning permits controlled manufacturing, office, research and development, warehouse and distribution, subject to approval of a Site and Architectural Permit. The Planning Commission granted a Site and Architectural Permit per Resolution No. 3266, on April 11, 2000, allowing research and development uses for the project. We understand that any mortgage lender for the project may rely on this certificate. I acknowledge that the aforementioned information regarding Hacienda Business Park to be true and correct. Sincef~ Tim J. Haley Associate Planner 70 North First Street . Campbell, California 95008.1423 · TEL 408.866.2140 · F^X 408.866.8381 · TDD 408.866.2790 'ORcHAg9 ° ITEM NO. 1 STAFF REPORT - PLANNING COMMISSION MEETING OF June 27, 2000 PLN 2000-76 Grayson, B. Public Hearing to consider the application of Mr. Brock Grayson, on behalf of Legacy Partners, for approval of a Landscape Plan and Tree Removal Permit (PLN 2000-76) for property located at 200 - 254 East Hacienda Avenue and 1315 -1357 Dell Avenue in a CM/B-80 (Controlled Manufacturing) Zoning District. STAFF RECOMMENDATION That the Planning Commission take the following action: 1. Adopt a Resolution, approving the applicant's landscape plan and tree removal request, subject to the attached conditions of approval. ENVIRONMENTAL DETERMINATION A Negative Declaration was previously granted for this project by the Planning Commission at its meeting of April 11, 2000. PROJECT DATA Net Acres: 18.59 acres 809,780 sq. ft. Building Coverage: 259,129 square feet 32.25% Landscaping: 159,922 square feet 19.75% Paving Coverage 387,742 square feet 48 % Proposed use: 308,070 sq. ft. research and development use DISCUSSION Background On April 11, 2000, the Planning Commission, approved a site and architectural application and a tentative parcel map allowing the remodel of the existing business park on the project site. The application proposed a change in building use from office/manufacturing and warehousing use to research and development. Condition No. 6 of that approval required the applicant to submit a landscaping and irrigation plan and to process a tree removal permit, if applicable. Applicant's Proposal The applicant has submitted a tree survey that inventoried 343 trees associated with this project. The landscape plan indicates the removal of 49 trees or 14 percent of the existing trees within the interior of the project to accommodate the new parking lot arrangement and improve the traffic flow. The plan additionally indicates the relocation of three existing palm trees and the placement of palm trees at the project entrance to create a gateway feature. Staff Report- Planning Commiss,~,n Meeting of June 27, 2000 PLN 2000-76 (S) Landscape Plan -- 200-254 East Hacienda Avenue and 1315-1357 Dell Avenue Page 2 The landscaping plan also indicates the replacement of these trees with approximately 110 (24 inch box trees) of various varieties. The percentage of on site landscaping remains at approximately 20 percent of the site area. At the time of the previous approval, the applicant was still investigating the location of a future sidewalk along the Hacienda and Dell Avenue frontages. The applicant has determined that the future sidewalk's placement is more desirable within the existing parking lane along the street, thus avoiding existing utilities and mature trees. The previous sidewalk concept incorporated a meandering sidewalk through the landscape berms at the street frontage. Site improvements include reconfiguring parking areas to accommodate additional parking spaces and to provide a simpler and better-defined circulation system. These improvements include the following: · Landscaping in reconfigured islands in the parking area and adjacent to new office spaces. · New landscaping along entry driveways. · Introduction of pavement treatments at driveways and building entrances. · Introduction of sidewalks along the street frontages. · Extension of the irrigation system into new parking islands. · Provision of a planting schedule that provides a variety of trees and shrubs introducing evergreen and deciduous trees as well as flowering varieties. Staff finds that the proposed landscaping plan addresses the landscaping needs of the project and the replacement ratio for the removed trees. Site and Architectural Review Committee: At its meeting of June 13, 2000, the Committee reviewed the applicant's proposal. The Committee was supportive of the applicant's proposal. Attachments: 1. Findings for Approval of the Landscape Plan and Tree Removal Permit 2. Conditions of Approval 3. Tree Survey, Vasona Technology Park 4. Reduced Site Plan 5. Location % Prepared by: Tim J. , Planner Approved by: Sharon Fierro, Community Development Director Attachment #1 FINDINGS FOR APPROVAL OF FILE NO. PLN 2000-76(S)Landscape SITE ADDRESS: 200-250 E. Hacienda Avenue and 1315 - 1357 Dell Avenue APPLICANT: Brock Grayson P.C. MEETING: June 21, 2000 Findings for Approval of a Landscape Plan and Tree Removal Permit to allow a remodeled research and development park on property located at 200 -254 E. Hacienda Avenue and 1315- 1357 Dell Avenue. The Planning Commission finds as follows with regard to File No. PLN 2000-76. An initial study was prepared for this project which concludes there are no significant environmental impacts and a Negative Declaration has been granted for this project. The proposed building design and site layout are consistent with the industrial land use of the General Plan and the (CM B-80) Controlled Manufacturing designation for the site. The proposal achieves the following objectives: Creates an architecturally pleasing project reflective of the other approved research and development parks in the community through the introduction of landscaping and pavement treatments. The proposed circulation accommodates the parking and access needs of the proposed uses and has provided pavement treatments to enhance the project entrance. The proposed landscape plan indicates the installation of approximately 110 twenty-four inch box trees within the new landscape islands throughout the project. 5. The project site plan indicates that 20 percent of the project will be landscaped. 6. The project will not create a nuisance due to noise, litter, vandalism, traffic or other factors. Based on the foregoing findings of fact, the Planning Commission further finds and concludes that: The proposed project will aid in the enhancement and the harmonious development of the immediate area. The establishment, maintenance, or operation of the uses will be detrimental to the public health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood of such proposed use. The proposed site layout provides a desirable site layout for a research and development use in this neighborhood. CONDITIONS OF APPROVAL OF FILE NO. PLN 2000-76(S)Landscape & TRP SITE ADDRESS: 200-250 E. Hacienda Avenue and 1315 - 1357 Dell Avenue APPLICANT: Brock Grayson P.C. MEETING: June 21, 2000 The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions in accordance with the Ordinances of the City of Campbell and the State of California. Where applicable, the lead department with which at the applicant will work, is identified on each condition. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified. Community Development Department COMMUNITY DEVELOPMENT 1. Project Approval: Approval is granted for a Landscape Plan and Tree Removal Permit (PLN 2000-76) allowing modifications to landscaping areas on property located at 200-250 E. Hacienda Avenue and 1315 - 1357 Dell Ave. consisting of the following: · Tree Survey and Landscape Plans prepared by Carducci & Associates, Inc consisting of 7 sheets dated May 1, 2000. · Tree protection shall be provided for existing retained trees per the tree survey where construction activities warrant such protection. MAYNE TREE COMPANY April 21, 2000 TREE SURVEY VASONA TECHNOLOGY PARK CAMPBELL, CALIFORNIA Prepared for: CARDUCCI LANDSCAPE ARCHITECTS 1331 Columbus Avenue, 2nd Floor San Francisco, California 94133 Contact: Vincent P. Lattanzio Telephone: (415) 674-0990 Facsimile: (415) 674-0999 Prepared by: MAYNE TREE EXPERT COMPANY, INCORPORATED 535 Bragato Road, Suite A San Carlos, California 94070-6228 Kenneth D. Meyer Telephone: (650) 593-4400 Facsimile: (650) 593-4443 E-Mail:kenmeyer @ maynetree.com Web Site:http://www.maynetree.com April 21, 2000 (~,~)Mayne Tree Expert Company. I nc, ZOO0 TREE SURVEY Vasona Technology Park Campbell, California Kenneth D. Meyer TABLE OF CONTENTS 1.0 Introduction Page 1 2.0 Method 3.0 Tree Survey 4.0 Discussion and Conclusion 3 21 5.0 APPENDIX Species List Glossary Site Plan (See Attachment) TREE SURVEY Vasona Technology Park Campbell, California Kenneth D. Meyer A number of trees of various species and sizes are growing on the grounds of the Hacienda Business Park in Campbell, California. Improvements are planned for the property, many of which will impact various trees. The purpose of this report is to identify the trees, provide information on their size and condition and provide remedial advice where thought necessary. The first fifty-nine (59) trees will be impacted by a meandering five (5) foot wide pathway. This section, known as Phase One, provides additional information regarding the distance from the path and the anticipated impact from installation of the path. The second section, Phase II, includes 76 trees (60-136), which completes the perimeter trees. Where trees are to be removed for improvements, they are noted in the "Fate" column as an "R" for remove. The final 206 trees are the interior trees and are noted as Phase III of this report. These trees (137-343) are treated similarly to those in Phase II. 2.0 MEIIqOD The trees were located with the aid of the Site Plan, by Ware and Malcomb, provided to me by Carducci Landscape Architects. The trees are numbered with a three-eighths by one inch strip of black plastic stapled to the west side of the trunks about five feet high. The tree number is embossed on the plastic. The size of each tree was measured at four and a half feet high, and is given as a trunk diameter in inches. This measurement is know as DBH. When several trunks exist at this height, the size of each is given. The condition of each tree is given as a percentage. the health and the structural stability of the trees. general classifications are as follows: This percentage reflects The percentages and 0-29 ...................... Very poor 30-49 .................... Poor 50-69 .................... Fair 70-89 .................... Good 90-100 .................. Excellent MAYNE TREE EXPERT COMPANY April 21, 2000 Page I TREE SURVEY Vasona Technology Park Campbell, California Kenneth D. Meyer The distance from the trees to the proposed improvement is obtained from the Site Plan or, in the case of the meandering path, through a staked layout in the field. The path varied from the Site Plan around trees 30 through 33. I used the stakes as the guide, with the measurement from the inside of the path to the root crown of the tree. The impact varies as to the species, size, condition and location of each tree. Impact percentages are as follows: 0-20 2O-40 40-60 60-100 Minor impact Medium impact Major impact Extreme impact The "Fate" column replaces the impact column on the trees in Phase II and Phase III. These trees will either be preserved (P) or remvoed (R). The Remarks column may relate to the condition, impact, or provide remedial advice. MAYNE TREE EXPERT COMPANY April 21, 2000 Page 2 TREE SURVEY Vasona Technology Park Campbell, California Kenneth D. Meyer PHASE ONE TRF..E SURVEY Vasona Technology Park Campbell, California Kenneth, D. Meyer Tree No. Species 1 Olive (Inches) 5.9, 6.5, 7.5, 7.5, 9.8 2 Olive 3 Olive 4 Japanese maple 6.4, 7.2, 9.1, 11.4 7.8, 8.0 9.8, 11.1 Cond. 5 Japanese maple 6 Japanese maple 7 Purple leaf plum 8 Olive Purple leaf plum 10 Olive 11 65 TREESURVEY (Phase One) Dist. Impact (Feet) 2.5 30 90 4.0 20 Monterey pine 90 4.0 20 8.1 90 2.0 50 12 Monterey pine 8.8 70 4.0 30 8.8 90 1.5 60 13 Purple leaf plum 8.9 40 13.0 0 5.5, 7.2, 7.5, 8.0, 9.6 85 4.0 20 9.9 35 5.0 5 6.0. 6.3, 7.4, 7.9, 9.4 85 4.0 23.0 60 14.0 5 Remarks Inside edge of the path north of of the tree will sever roots. Olives can tolerate root cutting. See No. I. See No. 1. Place the path at grade past trees numbered 4, 5 and 6. Grading may resume 4 feet away from any of these trees. See No. 4. See No. 4. 16.5 50 9.0 15 Graft incompatibility at the root crown. See No. 1. A low northerly limb must be raised over the path. See No. 7. Also "V" crotches. 9.1 20 See No. 1. Sequoia pitch moth and western gall rust disease. Leans in a NE direction. Liquid fertilize following completion with 250 gallons of 22-14-14 per 100 gallons of water. 30 2.5 30 Poor crotch development ("V" crotches), crossing limbs. Consider removal. MAYNE TREE EXPERT COMPANY April 21, 2000 Page 3 TREE SURVEY Vasona Technology Park Campbell, California Kenneth, D. Meyer Tree No. Species 14 Purple plum 15 Purple plum 16 Olive DBFI Cond. Dist. (Inches) (Feet) TREE SURVEY (Phase One) Impact 17 Redwood 18 Olive 19 Japanese maple 20 Olive 21 Olive 22 Olive 23 Olive 24 Olive 25 Japanese maple 26 Japanese maple 27 Olive 28 Redwood leaf 9.5 35 9.0 0 leaf 7.6 40 2.0 30 4.5, 5.2, 80 7.0 5 7.8, 9.2, 9.4 5.0 90 5.4, 5.4, 5.3, 70 5.5, 5.8, 6.9 5.0 0 5.0 20 3.7 20 5.0 0 8.5, 10.4, 90 5.0 (W) 20 11.1, 11.5 6.0 (S) 6.8, 10.0, 80 9.0 (W) 20 10.2 6.0 (N) 8.5, 9.7, 75 14.0 0 9.8 7.8, 9.0, 85 6.0 15 9.1, 9.4 5.0, 5.4, 85 4.0 20 8.3, 8.6, 9.4 5.8 85 6.5 0 4.5 60 4.0 5 6.3, 6.5, 65 6.0 10 6.9, 7.3, 7.4 21.6 85 8.0 15 See No. 13. See No. 13. This tree also has heart rot. See No. 1. None. See No. 1. See No. 13. See No. 1. See No. 1. None. See No. 1. See No. 1. None. None. See No. 1. None. MAYNETREE EXPERT COMPANY April 21, 2000 Page 4 TREE SURVEY Vasona Technology Park Campbell, California Kenneth, D. Meyer Tree No. ~ 29 Olive 30 Purple leaf plum 31 Purple leaf plum 32 33 34 Purple leaf plum Redwood Purple leaf plum 35 Redwood 36 Redwood 37 Olive 38 Olive 39 40 41 42 43 44 DBH (Inches) 7.1, 10.1, 11.7, 10.3 1.8 80 TREESURVEY (Phase One) Dist. Impact (Feet) 5.0 10 Remarks See No. 1 Note: Staked area from the site plan. 80 17.0 0 None. 1.7 80 6.0 2.0 85 18.0 20.7 95 15.0 1.1 70 7.0 90 6.0 85 5.0 80 4.5 80 3.0 18.8 18.4 5.0, 5.6, 5.6, 5.8 6.8, 7.0, 7.7, 9.2 Redwood 20.6 85 2.0 Redwood 15.5 80 5.0 Redwood 18.3 75 2.0 Redwood 17.7 75 28.0 Monterey 11.8, 24.3 65 27.0 pine Monterey 22.0 70 12.0 pine varies 0 None. 0 None. 0 None. 0 None. 25 Fertilize with See No. 12. 25 See No. 35. 20 See No. 1 250 gallons. 30 This tree will tolerate the root cutting, but trees marked 39, 40 and 41 will not. Place the path above grade in this area. 60 See No. 38. 35 See No. 38. 50 See No. 38. 0 None. 0 None. 15 None. MAYNE TREE EXPERT COMPANY April 21, 2000 Page 5 TREE SURVEY Vasona Technology Park Campbell, California Kenneth, D. Meyer Tree No. ~ 45 Sweetgum 46 Olive 47 Sweetgum 48 Sweetgum 49 5O 51 52 53 54 55 56 57 58 59 (Inches) 10.5 4.5, 4.8, 7.7, 8.8, 9.8 6.3 9.9 TREESURVEY (Phase Cond. Dist. (Feet) 75 8.0 75 10.0 One) Impact 5 0 65 20.0 0 50 9.0 5 Sweetgum 7.2 85 20.0 0 Sweetgum 6.0 90 9.0 0 Olive 5.6, 7.3, 65 6.0 10 7.4, 8.8 Monterey 19.8 65 10.0 15 Redwood 10.0 100 20.0 0 Redwood 9.4 95 10.0 5 Purple leaf 2.2 75 30.0 0 plum 1.8 45 38.0 0 1.3 65 45.0 0 Purple leaf plum Purple leaf plum Purple leaf plum 1.3 70 40.0 0 Redwood 22.6 85 60.0 0 l~,emarks None. None. Crowded by No. 46. The top broke off. Maintain as a small tree. None. None. See No. 1. None. None. None. None. Numerous trunk injuries. None. None. None. MAYNE TREE EXPERT COMPANY April 21, 2000 Page 6 TREE SURVEY Vasona Technology Park Campbell, California Kenneth D. Meyer PHASE II TREE SURVEY Vasona Technology Park Campbell, California Kenneth, D. Meyer Tree No. Species TREE SURVEY DBH Condition Fate Remarks (Inches) (Percent) (Phase II - Completion of Perimeter Trees) 60 Redwood 12.6 61 Birch 5.5 62 Birch 4.2 63 Birch 1.9 64 Birch 3.5, 5.2 65 Birch 3.4 66 Redwood 12.7 67 Sweetgum 8.9 68 Sweetgum 6.3 69 Shamel ash 7.0 70 Shamel ash 6.9 71 Weeping 6.3 bottlebrush 72 Purple leaf 5.3 plum 73 Purple leaf 4.2, 4.3 plum 5.6 74 Purple leaf 6.9 plum 75 Purple leaf 7.5 plum @3' 76 Sweetgum 7.9 77 Sweetgum 6.0 78 Red gum 28.7 * P = Preserve, R = Remove 100 P * 60 P 50 P 40 P 55 P 50 P 80 P 95 R 100 R 85 R 75 R 80 R 60 R 85 P 80 P 85 P 90 P 80 P 75 P None. Remove a crossing SW upright. Lacks normal upright form. Poor growth and form. Top dieback. Poor architecture. See No. 64, None. None. None. None. "V" crotch, embedded bark. None. NW lean. None. NW lean. None. None. None. None. MAYNE TREE EXPERT COMPANY April 21, 2000 Page 7 TREE SURVEY Vasona Technology Park Campbell, California Kenneth. D. Meyer Tree No. Species 79 Sweetgum 80 Sweetgum 81-105 Italian cypress 106 Mexican fan palm 107-115 Italian cypress 116 Modesto ash 117 Modesto ash 118 Modesto ash 119 Modesto ash 120 Modesto ash 121 Modesto ash 122 Modesto ash 123 Modesto ash 124 Modesto ash 125 Modesto ash DBH (Inches) 9.8 7.7 6 (Av.) TREE SURVEY Condition Fate (Percent) 79 P 95 P 90-100 P 24.6 100 P 6 90-100 P (Ay,) 18.8 85 P 9.0, 9.4 50 P 14.1 80 P 20.0 70 P 17.9 70 P 14.4 50 P 21.5 75 P 23.8 40 P 18.7 90 P 19.0 75 P Remarks None. None. Average 20 feet tall. Grown along the road in barren soil with no mulch or irrigation. Ail are growing well. Some evidence of mites, but no permanent damage is noticeable. None. See 81-105. None. Poor structure. None. Tight crotches with embedded bark. Heavy infection of anthracnose, a leaf and twig blight disease. Leans. A NW limb tore off, leaving a I x 1.5 scar on the trunk. None. History of limb losses. Note: One limb over the parking spaces was cracked and will fall soon. Lighten the entire tree. None. Late in leafing out. MAYNE TREE EXPERT COMPANY April 21, 2000 Page 8 TREE SURVEY Yasona Technology Park Campbell, California Kenneth. D. Meyer Tree No. 126 Modesto ash 127 Modesto ash 128 Modesto ash DBH (Inches) 14.1 TREE SURVEY .C.,_o_R.0.i.ti.~ Fate (Percent) 50 P 23.7 90 P 9.7 55 P 129 Modesto ash 26.7 130 Redwood 24.7 131 Redwood 22.8 132 Redwood 26.9 133 Olive 6.1, 7.0, 7.5, 8.3 134 Olive 8.0, 8.6, 10.1 135 Olive 6.1, 7.4 8.8, 9.9 136 Olive 6.1, 7,9, 8.3, 8.6 80 P 90 P 85 P 90 P 60 P 80 P 80 P 85 P Remarks Loss of a westerly trunk has introduced heart rot. Maintain as a smaller tree. Terminal portions of the limbs are getting heavy. Distorted from competition with No 127. Tree is heavy and requires pruni~ None. None. None. Distorted from competition with. No. 132. None. None. None. MAYNE TREE EXPERT COMPANY April 21 2000 Page 9 TREE SURVEY Vasona Technology Park Campbell, California Kenneth D. Meyer PHASE III TREE SURVEY Vasona Technology Park Campbell, California Kenneth, D. Meyer Tree No. Species 137 Crape myrtle 138 Crape myrtle 139 Crape myrtle 140 Crape myrtle 141 Crape myrtle 142 Crape myrtle 143 Crape myrtle 144 Crape myrtle 145 Crape myrtle 146 Crape myrtle 147 Crape myrtle 148 Crape myrtle 149 Crape myrtle 150 Crape myrtle 151 Crape myrtle 152 Crape myrtle 153 Crape myrtle 154 Crape myrtle 155 Crape myrtle 156 Crape myrtle 157 Crape myrtle DBH (Inches) Phase III 2.1 90 P 2.1 95 P 2.2 90 P 2.2 100 P 2.4 60 P TREE SURVEY Condition Fate Remarks (Percent) INTERIOR TREES 2.3 85 P 2.1 90 P 2.2 95 P 2.3 85 P 2.3 95 P 2.2 90 P 2.3 90 R 2.2 90 P 2.2 85 P 2.5 90 P 2.4 90 P 2.3 85 P 2.2 80 P 2.2 90 P 2.3 90 P 2.3 90 P None. None. None. None. Secondary leader broke off, leaving a scar. None. None. None. None. None. None. None. None. None. None. None. None. Tight crotch. None. None. None. MAYNE TREE EXPERT COMPANY April 21, 2000 Page 10 TREE SURVEY Vasona Technology Park Campbell, California Kenneth, D. Meyer Tree No. Species DBH (Inches) 158 Crape myrtle 2.3 159 Crape myrtle 2.5 160 Crape myrtle 2.5 161 Redwood 17.2 162 Purple leaf 10.3 plum @ 1' 163 Purple leaf 2.2, 2.5, 4.2 plum 164 Purple leaf 5.3, 6.8 plum 165 Purple leaf 1.6, 3.2, plum 3.8, 4.2 166 Olive 5.5, 5.6, 6.0, 7.6, 8.6 167 Podocarpus 11.0 168 Podocarpus 11.3 169 Olive 7.3, 7.4, 7, 9, 8.5, 9.4 170 Olive 7.7, 13.0, 13.5 171 Birch 5.7 172 Birch 7.3 173 Birch 4.2 174 Birch 6.3 175 Olive 5.2, 6.3, 7.4, 8.2 176 Birch 6.4 TREESURVEY Condition Fate (Percent) 90 P 85 P 95 P 85 P 70 P 55 P 60 P 55 P 90 P 80 P 80 P 90 P 95 P 60 P 65 P 65 P 75 P 95 P 60 P None. None. None. None. None. Poor architecture. None. None. None. Heavy, needs pruning. Heavy, needs pruning. None. Patio tree. Spray to defruit. Poor architecture. Codominant terminals. None. None. See No. 170 See No. 171. MAYNE TREE EXPERT COMPANY April 21, 2000 Page 11 TREE SURVEY Vasona Technology Park Campbell, California Kenneth, D. Meyer Tree No. Species 177 Mexican fan palm 178 Mexican fan palm 179 Mexican fan palm 180 Birch 181 Redwood 182 Monterey pine 183 Sweetgum 184 Sweetgum 185 Sweetgum 186 Sweetgum 187 Sweetgum 188 Shamel ash 189 Shamel ash 190 Purple leaf plum 191 Birch 192 Birch 193 Shamel ash 194 Birch 195 Birch (Inches) 7.4 TREE SURVEY Condition Fate (Percent) 70 R 7.9 60 R 8.1 80 R 9.4 90 P 11.3 85 R 19.6 90 R 9.2 60 R 7.3 80 R 10.1 95 R 9.5 85 R 8.0 70 R 7.8 45 P 7.2 80 P 8.5 85 P 4.1 60 P 3.9 60 P 8.7 90 P 6.9 85 P 3.1 50 P MAYNE TREE EXPERT COMPANY April 21, 2000 Page 12 To be relocated on site. To be relocated on site. To be relocated on site. None. None. None. Crossing root. None. None. None. Codominant leaders. Trunk injury on the west side. Maintain as a small tree. None. None. None. None. None. Lowest westerly limb is broken. Poor growth. Dying. TREE SURVEY Va$ona Technology Park Campbell, California Kenneth, D. Meyer Tree No. Species 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 TREE SURVEY DBH Condition Fate (Inches) (Percent) Shamel ash 7.0 60 P Shamel ash 9.6 80 P Shamel ash 8.7 70 P Shamel ash 9.3 50 P Sweetgum 8.3 65 P Sweetgum 7.0 90 P Sweetgum 8.3 70 R Birch 5.2 40 P Birch 6.5 85 P Birch 1, 1, 3.1 75 P Sweetgum 9.3 95 P Sweetgum 7.7 95 P Shamel ash 8.0 80 P Shamel ash 5.8 60 P Crape myrtle 1.0 95 P Crape myrtle 1.0 90 P Crape myrtle 1.0 75 P Crape myrtle 1.0 75 P Shamel ash 8.9 85 R Shamel ash 10.2 85 R Japanese 5.8 90 P maple Japanese 5.1 85 P maple MAYNE TREE EXPERT COMPANY April 21, 2000 Page 13 Remarks "V" crotch. None. See No 196. See No. 196. Codominant leaders. None. None. Crossing leaders. Dying top. None. Codominant leaders. None. None. None. Poor growth. Newly planted. Newly planted. Newly planted. Newly planted. None None. None. None. TREE SURVEY Vasona Technology Park Campbell, California Kenneth, D. Meyer Tree No. Species 218 Purple leaf plum 219 Redwood 220 Birch 221 Redwood 222 Birch 223 Shamel ash 224 Olive 225 Birch 226 Japanese maple 227 Birch 228 Japanese maple 229 Japanese maple 230 Japanese maple 231 Redwood 232 Redwood 233 Redwood 234 Japanese maple 235 Redwood 236 Olive TREE SURVEY DBI-I Condition Fate (Inches) (Percent) 2.8, 3.6, 80 R 4.4, 5.1 10.3 75 P 1.8. 1.9, 2.9 60 P 6.1 70 P 2.3, 5.1 75 P 16.5 85 P 5.5, 5.7, 90 P 8.3, 8.7 6.0 70 P 4.5 40 P 6.5 75 P 3.1 45 P 1.9, 1.9, 60 P 2.2, 2.4 5.1 60 P 11.9 80 P 9.5 75 P 12.7 55 P 1.7, 2.0, 75 P 2.8, 2.9 17.5, 25.6 60 P 4.0, 5.1 60 P 5.2, 6.1 Remarks None. None. Central trunk is atrophying. None. None. None. None. None. Twisted, rubbing trunks. Easterly lean. None. Sunburn injury on the trunk. Infected with verticillium wilt. Sunburn injury. None. None. None. None. None. Some bark loss from cankers. MAYNE TREE EXPERT COMPANY April 21, 2000 Page 14 TREE SURVEY Vasona Technology Park Campbell, California Kenneth, D. Meyer Tree No. Species 237 Redwood 238 Redwood 239 Japanese maple 240 Japanese maple 241 Olive 242 Sweetgum 243 Sweetgum 244 Ash 245 Ash 246 Redwood 247 Japanese black pine 248 Japanese black pine 249 Birch 250 Sweetgum 251 Japanese maple 252 Japanese maple 253 Japanese maple TREESURVEY (Inches) (Percent) 23.2 90 P 15.2 80 P 3.4, 6.3 90 P 2.6, 2.8 60 P 4.8, 4.9, 55 P 5.9, 8.5 3.4 95 P 3.5. 60 P 13.3 85 P 23.6 75 P 19.4 60 P 11.7 80 P 16.5 @2' 50 P 8.1 80 100 5.8 55 P 3.0, 3.2 75 P @1" 5.9 8O P @1' 6.4 80 P @1" MAYNE TREE EXPERT COMPANY April 21, 2000 Page 15 None. None. None. None. Crossing, rubbing trunks. None. None. Codominant leaders. None. A crossing root should be removed. None. The westerly upright has a tight crotch. Thin and cable. The central leader is gone and the tree has little room for growth. None. Needles are short, sparse and off color. In the footprint of the parking lot. Crossing root, codominant leaders. Multi-trunked from the ground. See No. 251. See No. 251. TREE SURVEY Vasona Tec]}nology Park Campbell, California Kenneth, D. Meyer Tree No. Species 254 Sweetgum 255 Japanese maple 256 Japanese maple 257 Japanese maple 258 Shamel ash 259 Shamel ash 260 Olive 261 Sweetgum 262 Redwood 263 Redwood 264 Sweetgum 265 Sweetgum 266 Redwood 267 Redwood 268 Redwood 269 Redwood 270 Redwood 271 Birch 272 Redwood 273 Birch 274 Redwood TREE SURVEY DBH Condition Fate (Inches) (Percent) 6.3 90 P @2' 2.1 90 P @2" 2.8 50 P @2" 6.6 70 P @2" 11.8 90 P 12.7 75 P 7.4, 10.9 90 P 3.4 75 P 8.1 60 P 9.4 80 P 3.4 95 P 3.7 100 P 9.3 90 P 7.3 75 P 5.5 80 P 3.1 70 P 7.2 85 P 4.3 60 P 8.6 95 P 3.6 70 P 10.7 95 P Remarks None. None. The westerly rubbing, twisting trunk should be removed. Requires pruning. None. "V" crotch. None. None. Swoop in the trunk. None. None. None. None. None. None. None. None. Lacks a central leader. None. Poor form. None. MAYNE TREE EXPERT COMPANY April 21, 2000 Page 16 TREE SURVEY Vasona Technology Park Campbell, California Kenneth, D. Meyer Tree No. Species 275 Redwood 276 Birch 277 Birch 278 Birch 279 Sweetgum 280 Sweetgum 281 Birch 282 Olive 283 Purple leaf plum 284 Purple leaf plum 285 Podocarpus 286 Podocarpus 287 Podocarpus 288 Podocarpus 289 Podocarpus 290 Podocarpus 291 Podocarpus 292 Podocarpus 293 Sweetgum 294 Shamel ash 295 Shamel ash 296 Shamel ash TREESURVEY DBH ~ Fate (Inches) (Percent) 8.0 90 P 4.1 40 P 5.7 50 P 5.8 70 P 10.3 90 P 10.9 95 P 3.6 80 P 7.3, 7.6 95 P 8.4, 8.7 9.4 65 P @3' 6.3, 7.6 65 P 11.1 75 P 11.1 75 P 10.0 75 P 9.5 75 P 9.2 75 P 9.3 55 P 8.1 60 P 10.1 80 P 10.3 85 P 4.5 70 P 4.0 70 P 5.6 65 P MAYNE TREE EXPERT COMPANY April 21, 2000 Page 17 Remarks None. Dying top, poor form. Poor form. None. None. None. None. None. NE lean. NE lean None. None. None. None. None. Tight crotch Trunk wound. None. None. None. None. None. TREE SURVEY Vasona Technology Park Campbell, California Kenneth, D. Meyer Tree No. Species 297 Sweetgum 298 Sweetgum 299 Sweetgum 300 Sweetgum 301 Shamel ash 302 Shamel ash 303 Shamel ash 304 Shamel ash 305 Olive 306 Shamel ash 307 Shamel ash 308 Shamel ash 309 Birch 310 Birch 311 Birch 312 Birch 313 Birch 314 Birch 315 Redwood 316 Purple leaf plum 317 Redwood 318 Redwood DBH (Inches) 4.4 6.4 2.4 2.4 8.3 7.7 7.0 8.6 4.4, 6.1, 6.7, 7.7 8.7 11.3 10.5 7.7 8.7 6.4 2.1, 5,8 6.7 5.0, 5.4 22.2 1.7 20.9 14.4 TREESURVEY Condition Fate (Percent) 75 P 95 P 60 P 70 P 85 P 75 P 40 P 90 P 65 P 90 P 85 P 85 P 75 P 60 P 80 P 60 P 60 P 50 P 90 P 80 P 90 P 80 P Remarks None. None. Poor root growth. Poor root growth. None. None. "V" crotch with an embedded bra None. Heart rot. None. None. None. None. Burl at the base. None. None. None. Poor form, crowded. None. None. None. None. MAYNE TREE EXPERT COMPANY April 21, 2000 Page i 8 TREE SURVEY Vasona Technology Park Campbell, California Kenneth, D. Meyer Tree No. Species 319 Purple leaf plum 320 Purple leaf plum 321 Purple leaf plum 322 Shamel ash 323 Shamel ash 324 Shamel ash 325 Shamel ash 326 Shamel ash 327 Shamel ash 328 Shamel ash 329 Shamel ash 330 Shamel ash 331 Purple leaf plum 332 Purple leaf plum 333 Purple leaf plum 334 Olive 335 Sweetgum 336 Purple leaf leaf plum DBH (Inches) 3.3 TREE SURVEY Condition Fate (Percent) 90 P 2.5 80 P 3.4 85 P 10.7 60 P 7.4 50 P 10.0 80 P 9.3 85 P 8.9 70 P 6.5 65 P 14.1 60 P 3.6 75 P 8.7 30 P 1.8 80 P 1.5 80 P 2.1 90 P 2.8. 3.5, 6.2, 7.5, 8.8 5.3 @ 2' 80 P 50 P 5.7 60 P MAYNE TREE EXPERT COMPANY April 21, 2000 Page 1 9 Remarks None. None. None. Root trauma on the southeasterly side. "V" crotch. Poor form. None. None. SE lean. S lean. "V" crotch. Poor form. None. "V" crotch with a seam, poor form Removal is advised. None. None. None. None. Poor form "V" crotch. TREE SURVEY Vasona Technology Park Campbell, California Kenneth, D. Meyer Tree No. Species 337 Purple leaf leaf plum 339 Shamel ash 340 Shamel ash 341 Bottlebrush 342 Purple leaf plum 343 Purple TREE SURVEY DBH ~ Fate (Inches) (Percent) 5.9 60 P 10.2 80 P 12.3 90 P 10.7 85 P 8.8 45 P 6.9 40 P Remarks Graft incompatibility. None. None. None. "V" crotch, graft incompatibility. "V" crotch, graft incompatibility. MAYNE TREE EXPERT COMPANY April 21, 2000 Page 20 TREE SURVEY Vasona Technology Park Campbell, California Kenneth D. Meyer 4.0 DISCUSSION AND CONCLUSION The meandering path will impact some trees (4, 5, 6 and 39, 40, 41) to a major degree. It is suggested that the path be constructed above grade, with added fill tapering down so as to not cover the tree root crowns. An alternative is to move the path away from the trees. Fertilizing is suggested to overcome root loss on several selected trees (12, 35, 36). This should be applied upon completion of the pathway. The numbering on the stakes in the field varied from that shown on the Site Plan for Tree No. 29 and Trees 30 through 33. The stakes in the field were used as the guide for this Phase (Phase One) of the report. The other trees not impacted by the meandering path, trees in Phase II and Phase III, include forty-nine (49) trees that will be removed. Three of these (177, 178 and 179) are scheduled to be transplanted. The purpose of the removals is to allow for the new design and improved flow and parking of traffic on the grounds. It is my opinion that the information provided in this report is factual and follows sound arboricultural principles and practices. --END-- MAYNE TREE EXPERT COMPANY April 21, 2000 Page 21 TREE SURVEY Vasona Technology Park Campbell, California Kenneth D. Meyer ,.o APPENDIX TREE SURVEY Vasona Technology Park Campbell, California Kenneth D. Meyer GLOSSARY 1. Architecture: The overall appearance of a tree, taking into account the form and balance. 2. Codominant: Two trunks of nearly equal size, often developing a poorly formed crotch (See "V" crotch). The union is not as strong as a limb growing from a trunk. 3. Crossing root: A root that crosses over a large root or the root crown, and with with growth, obstructs translocation. A girdling root cuts off all translocation; circling and kinked roots also limit anchorage 4. Form: The placement and angle of limbs on the trunk of a tree. 5. Leaders: Dominant upright stems, usually from the main trunk. 6. Structure: The angle of growth of a tree and the limbs, often affecting the balance. 7. Terminals: Upright growing (limb(s)) at the top that assume a role of dominance. 8. "V" crotch: A structural development where two or more trunks, limbs or combinations of the same, create a tight crotch or "V". This is often accompanied with a seam (bulge) below the crotch, suggesting a weakness. "V" crotches have a greater tendency to split apart. 9. Verticiilium wilt: Verticillium albo-atrum. A soil borne fungus that is translocated throught the roots to small twigs, clogging and killing the vascular system. Pruning out the dead and diseased tissue and invigorating the tree is recommended. TREE SURVEY Vasona Technology Park Campbell, California Kenneth D. Meyer SPECIES LIST Common Name Ash Birch Bottlebrush Crape myrtle Italian cypress Japanese black pine Japanese maple Mexican fan palm Modesto ash Monterey pine Olive Podocarpus Purple leaf plum Red gum Redwood Shamel ash Sweetgum Weeping bottlebrush Scientific Name Fraxinus Species Betula pendula Callisternon species Lagerstroerneria indica Cupressus sernpervirens Pinus thunbergiana Acer japonica Washingtonia robusta Fraxinus velutina 'rnodesto' Pinus radiata Olea europeae Podocarpus gracillior Prunus cerasifera Eucalyptus camaldulensis Sequoia sernpervirens Fraxinus uhdei Liquidambar stryaciflua Callisternon virninalis TREE SURVEY Vasona Technology Park Campbell, California Kenneth D. Meyer SITE PLAN ':BAY YaNEilOVH z ~u z E 0 0 0 Project Location 200-254 Hacienda Avenue &1315-1357 Dell AVe PLN 2000-25 & PLN 2000- 26 Site and Architectural Review Permit &Parcel Map. Legend .o~'~c~ 1" = 500' c~ urn., D Parcel Unes CITY OF CAMPBELL Community Development Department June 7,2000 Re: PLN2000-76 - 200-254 Hacienda Ave/1315-1357 Dell Ave - Vasona Technology Park Dear Applicants: Please be advised that the above-referenced application has been scheduled for the following meeting(s): Site and Architectural Review Committee Meeting Date: Tuesday, June 13, 2000 Time: 7 p.m. Location: Doetsch Conference Room, City Hall, 70 N. First Street, Campbell Planning Commission Meeting Date: Tuesday, June 27, 2000 Time: 7:30 p.m. Location: City Hall Council Chambers, 70 N. First Street, Campbell Should you have any questions or comments, please do not hesitate to contact me at (408) 866- 2140. Sincerely, Tim J. Haley Associate Planner CC: Brock Grayson (Applicant) 5000 Executive Parkway, #298 San Ramon, CA 94583 Legacy Partners (Property Owners) 4000 E. Third Avenue, #600 Foster City, CA 94404 70 North First Street · Campbell, California 95OO8.1423 · TEL 408.866.2140 - F^X 408.866.8381 - TDD 408.866.2790 June 6, 2000 CITY OF CAMPBELL Community Development Department - Current Planning Mr. Brock Grayson Ware & Malcomb Architects 5000 Executive Parkway Suite 298 San Ramon, CA 94583 Re: Plan Check Building 2000-323 1315 - 1357 Dell Avenue 200-254 E. Hacienda Avenue Dear Mr. Grayson: The Planning Division has reviewed your plan submittal for the above referenced property in light of the Planning Commission approval per Resolution No. 3266. The submitted plans are consistent with this approval, subject to the following modifications or required approvals: 1. The Community Development Director has approved the revised color scheme, dated 'June 1, 2O00. 2. On site improvements requiting the removal of tree are not approved until the Planning Commission has considered the revised landscaping plan and approved a tree removal permit. This matter is scheduled for the Site and Architectural Review Committee meeting of June 13, 2000 and the Planning Commission meeting of June 27,2000. 3. Please provide a phasing plan per Condition no. 13 of your approval. 4. It is anticipated that C,C & R's will be prepared in conjunction with the parcel map per condition No. 14. 5. A signing program as not been submitted as of this date. 6. No new trash enclosure areas nor parking lot lighting is proposed at this time. 7. No new mechanical equipment has been proposed that requires architectural screening. If you have any question regarding these items, please do not hesitate to contact me. I may be reached at (408) 866-2144. Sincerely, Associate Planner Enclosure: PC Resolution 3266 Approve Color scheme(June 1, 2000) cc: Frank Mills, Senior Building Inspector 70 North First Street · Campbell, California 95008.1423 · TEL 408.866.2140 · FAX 408.866.8381 · TDD 408.866.2790 ~,t 'T~ ? County of Santa Clara Office of the County Clerk-Recorder County Govemment Center, East Wing 70 West Hedding Street San Jose, California 951 I 0 (408) 299-2481 IN ~'~,-,' ~,~F~.. , . OF THE COUNTY CLERK-~C~ L ;,:UN D/kDAV iS, COUNTY CLERK BY ..... D~UT~ *ENVIRONMENTAL DECLARATION F,CA NAME OF LEAD AGENCY: NAME OF APPLIGANT: / CLASSIFICATION OF ENVIRONMENTALt DOCUMENT: APR z1 20O0 BRENDA D A.VIg, County Clert.-Re~ord~ Santa Clara Cganty , FILING NO. ,,.e- ,~ E 8624 1. ( ) NOTICE OF PREPARATION --NO FEE-- 2. ( ) NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION --NO FEE-- NOTICE OF DETERMINATION ( ) A--NEGATIVE DECLARATION PURSUANT TO SECTION 21080(C) OF THE PUBLIC RESOURCES CODE $1,250.00 (Twelve Hundred Fifty Dollars)--STATE FILING FEE $25.00 (Twenty-Five Dollars)--CLERK FEE B--CERTIFICATE OF EXEMPTION DE MINIMUS IMPACT FINDING --NO FEE-- o NOTICE OI~ DETERMINATION ( ) A--ENVIRONMENTAL IMPACT REPORT PURSUANT TO SECTION 21152 OF THE PUBLIC RESOURCES CODE $850.00 (Eight Hundred Fifty Dollars) --STATE FILING FEE ( ) $25.00 (Twenty-Five Dollars)--CLERK FEE B--CERTIFICATE OF EXEMPTION DE MINIMUS IMPACT FINDING --NO FEE-- *THIS FORM MUST BE COMPLETED AND FILED WITH ALL ENVIRONMENTAL DOCUMENTS FILED WITH THE SANTA CLARA COUNTY CLERK-RECORDER'S OFFICE. MAKE CHECKS PAYABLE TO: COUNTY CLERK-RECORDER Board of Supervisors: Donald F. Gage, Blanca Alvarado, Pete McHugh, James T. Beall Jr., S. Joseph $imilian County Executive: Richard Wittenberg APR g I E 8624 <)1: THE COUNTY CLERK-KEC(~ER" COUNTY CLERK ~, _ DEP~ 70 N. First Street Campbell, CA 95008 (408) 866-2140 NOTICE OF DETERMINATION Office of Planning & Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 [~ County Clerk's Office Santa Clara County 70 W. Hedding, 1 st Floor, East Wing San Jose, CA 95110 (3 copies & cover sheet filled out by planner) Subject: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. State Clearinghouse Number (If submitted to Clearinghouse) Lead Agency Contact Person Phone (408) 866-2140 Project Location (include County) Project Description ~{~{~lJ~.~ ~ CXl~T~IJfo ~U'~%~'~-"~'~' ~'~(~'0 k~g.~) This is to advise that the City of Campbell has approved the above-described project on ~'t~,2t! (~ Lead Agency O Responsible Agency t~0 and has made the following determinations regarding the above described project: 1. The project ( O will (~ will not) have a signification effect on the environment. 2. ~ An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. ~ Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. Mitigation measures ((:~ were (~ were not ) made a condition of approval of the project. 4. A statement of Overriding Considerations ( ~ was(~ was not ) adopted for this project. This is to certify that the Negative Declaration EIR with comments and responses and record of project approval is available to the General Public at the Community Development Department, City of Campbell, 70 N. First Street, Campbell, CA 95008, (408) 866-2140. Signature (Public Agency)'~,,~ ~ Date:~[{l~/oOTitle: CALIFORNIA DEPARTMENT OF FISH AND GAME CERTIFICATE OF FEE EXEMPTION ,APR iaaa Clara De Minimis Impact Finding ~C~ ~ ~ ~,.r) ON TTtROUG~ Project Title/Location (include county): PLN 2000-25,26 200-250 E. Hacienda Ave. and 1315-1357 Dell Avenue Campbell, CA 95008 Santa Clara County Project Description: Project entails a Site and Architectural Review Approval (PLN 2000-25) to allow the remodel of an existing 20 acre business park with no expansion proposed and (PLN 2000-26) a four lot parcel map. Findings of Exemption (attach as necessary): The Planning Commission granted a Negative Declaration based upon the findings in the initial study prepared for this project which determined that no effects to wildlife or the environment will result from development of this project. Certification: I hereby certify that the public agency has made the above finding and that the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. Title: City of Campbell .. Pacific Cas and ~S~ Electric Company -~------- 111 Almaden Boulevard PO. Box 15005 San Jose, CA 95115-0005 April 25, 2000 Mr. Tim J. Haley City of Campbell Community Development Department 70 North First Street Campbell, CA 95008-1423 Re: Tentative Parcel Map PLN 2000-25(S), PLN 2000-26(PM) APN 424-33-064 PG&E File No. 2019552-MR Dear Mr. Haley: Thank you for the opportunity to review the subject Parcel Map. objections to the recording of the Parcel Map. PG&E has no PG&E owns and operates a vaIiety of gas and electric facilIties which (may be/are) located within the proposed project boundaries. Project proponents should coordinate with PG&E early in the development of their project plans to promote the safe and reliable maintenance and operation of existing utility facilities. Any proposed development plans should provide for unrestricted utility access and prevent interferenœ with PG&E easements. Activities which may impact our ràcilities include, but are not limited to, permanent/temporary changes in grade over or under our facilities, construction of structures within or adjacent to PG&E's easements, and planting of certain types of vegetation over, under, or adjacent to our facilities. The installation of new gas and electric facilities and/or the relocation of existing PG&E facilities will be performed in accordance with common law or Rules and Tariffs as authorized by the California Public Utilities Commission. Please contact me at (408)282-7389 if you have any questions regarding our comments. Sincerely, ':,¡<.--- ~-A-o- ;~ /,..-Il....> .\á..!~ Leonard A. Grilli Land Agent Land Rights Office - San Jose :~~~~D~~~~~~~~Y Wa~er Dis~rid Ô SAN JOSE, CA 95118-3686 TELEPHONE (408) 265-2600 FACSIMILE (408) 266-0271 www.scvwd.dst.ca.us AN EQUAL OPPORTUNITY EMPLOYER April 24, 2000 Mr. Tim 1. Haley Associate Planner City of Campbell 70 North First Street Campbell, CA 95008-1423 Dear Mr. Haley: Subject: Tentative Parcel Map to Create Four Parcels on Assessor's Parcel No. 424-33-64 Santa Clara Valley Water District (District) staffreviewed your cover letter and site plan for this project. Your letter states that comments for this project must be received by April 11, 2000. However, we would appreciate consideration of the following comments to the extent possible. According to the Federal Emergency Management Agency Flood Insurance Rate Map, the site is within Zone C. This designation corresponds to areas of minimal flooding. The subject parcel is adjacent to the District's Upper Page Distribution System. Therefore, in accordance with District Ordinance 83-2, a District permit is required for future land improvements. Details of the property layout with respect to grading, buildings, and driveways would assist in determining potential impacts to the Upper Page Distribution System. Of particular interest would be changes in landscaping and grading over the District's underground pipe around the southerly and westerly property lines. Two sets of design plans of any improvements should be submitted for our review and issuance of a permit prior to the start of construction. Since the proposed development of this site encompasses more than 5 acres, a Storm Water Pollution Prevention Plan (SWPPP) will be required as a provision of the state's General National Pollutant Discharge Elimination System Storm Water Permit for Construction Activities. We request a copy of the SWPPP for our information. Our records show two groundwater monitoring wells (No. 88WO043 and No. 88WO044) on this site. They are located at the northwest border of the site. If there are no further needs for these two wells, they shall be abandoned and sealed in accordance with standards provided in the District's Ordinance No. 90-1. Please contact Mr. Dave Zozaya of the District's Wells and Water Production Unit at (408) 265-2607, extension 2650, to obtain a well destruction permit. If you have any comments or questions, please call me at (408) 265-2607, extension 2226. Please reference District File No. 13184 on any future correspondence regarding this project. Sincerely, ~2!kf Associate Civil Engineer Community Projects Review Unit Enclosure ft \.J recycled paper , . .-...--.-..,,-.-- CITY OF CAMPBELL Community Development Department · Current Planning April 17, 2000 Brock Grayson 5000 Executive Parkway, #298 San Ramon, CA 94583 Re: PLN2000-25/PLN2000-26 - 200-254 Hacienda Avenue/1315-1357 Dell Avenue Dear Applicant: Please be advised that the Planning Commission, at its meeting of April 11, 2000, took the following actions: I. Adopted Resolution No. 3266 granting a Site and Architectural Approval (PLN2000-25) to allow modifications to existing industrial buildings; and 2. Adopted Resolution No. 3267 approving a Parcel Map (PLN2000-26) to create four parcels on the above-referenced properties. This approval is effective in ten days, unless appealed in writing to the City Clerk. The time within which judicial review of this decision must be sought is governed by California Code of Civil Procedure, Section 1094.6. If you have any questions, do not hesitate to contact me at (408) 866-2140. Sincerely, Tim J. Haley Associate Planner CC: Legacy Partners (Property Owners) 4000 E. Third Avenue, #600 Foster City, CA 94404 Harold Housley, Public Works Department Frank Mills, Building Division Wayne Hokanson, Santa Clara County Fire Department 70 North First Street - Campbell, California 95008.1423 - TEL 408.866.2140 · F^X 408.866.8381 · 'mD 408.866.2790 RESOLUTION NO. 3266 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL GRANTING A SITE AND ARCHITECTURAL APPROVAL TO ALLOW MODIFICATIONS TO EXISTING INDUSTRIAL BUILDINGS ON PROPERTIES LOCATED AT 200-254 HACIENDA AVENUE AND 1315-1357 DELL AVENUES IN A CM/B-80 (CONTROLLED MANUFACTURING) ZONING DISTRICT. APPLICATION OF MR. BROCK GRAYSON. FILE NO. PLN2000-25. After notification and public hearing, as specified by law, and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to application PLN2000-25 An initial study was prepared for this project which concludes there are no significant environmental impacts and a Negative Declaration has been prepared for this project. The proposed building design and site layout are consistent with the industrial land use of the General Plan and the (CM B-80) Controlled Manufacturing designation for the site. The proposal achieves the following objectives: a) Provides attractive architectural elevation of the project buildings. b) Accommodates driveways and parking circulation to serves the proposed use consistent with the parking standards of the City. c) Creates an architecturally pleasing project reflective of the other approved research and development parks in the community through the introduction of landscaping and pavement treatments. o The proposed circulation accommodates the parking and access needs of the proposed uses. The proposed project design addresses the site planning issues of the building placement and integrates the use with the surrounding neighborhood and uses. 5. The project site plan indicates that 20 percent of the project will be landscaped. 6. The project will not create a nuisance due to noise, litter, vandalism, traffic or other factors. o The project will not significantly disturb the peace and enjoyment of nearby residential neighborhood. Planning Commission Resomtion No. 3266 PLN2000-25/200-254 Hacienda/1315-1357 Dell Ave - Site Approval - Vasona Technology Park Page 2 Based on the foregoing findings of fact, the Planning Commission further finds and concludes that: The proposed project will aid in the enhancement and the harmonious development of the immediate area. The establishment, maintenance, or operation of the uses will not be detrimental to the public health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood of such proposed use. The proposed site layout provides a desirable site layout for a research and development use in this neighborhood. The project is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such uses would generate. The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions in accordance with the ordinance of the City of Campbell and the State of California. The lead department with which the applicant will work is identified on each condition where necessary. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of Califomia that pertain to this development and are not herein specified: COMMUNITY DEVELOPMENT DEPARTMENT 1. Project Approval: Approval is granted for a Site and Architectural Review Permit (PLN 2000-25) allowing development on property located at 200-250 E. Hacienda Avenue and 1315 - 1357 Dell Ave. consisting of the following: · A research and development project accommodating 308,070 square feet in seven existing buildings. Project approval shall substantially comply with project plans prepared by Brock Grayson, Ware & Malcomb Architects, Inc, dated 3/2/00,consisting of 17 sheets, except as modified by the Conditions of Approval contained herein. · A four lot subdivision. Map approval shall be consistent with the tentative map prepared by Kier & Wright, Civil Engineers & Surveyors, dated February 2000 consisting of 2 sheets. · Project Planning and Phasing dated February 23, 2000 consisting of three pages prepared by Ware & Malcomb Architects,Inc. · Exterior parking, landscaping and building exterior improvements shall be completed within one year of Planning Commission approval on or before April 11,2001. · Building interior remodels and new occupancies shall comply with the applicant's project phasing and planning schedule, amendments in this schedule may be considered by the Community Development Director. 2. Detailed Building Elevations A. Materials and Colors: The applicant shall work with staff upon the recommendation of the Architectural Advisor to select specific building colors and materials for the new Planning Commission Resok..on No. 3266 PLN2000-25/200-254 HaciendaJl 315-1357 Dell Ave - Site Approval - Vasona Technology Park Page 3 o ° o the Community Development Director for review and approval prior to issuance of building permits. Architectural Details: The applicant shall submit plans and illustrated brochures indicating the location and design of architectural features such as light fixtures and parking lot lighting for approval by the Community Development Director. Parking and Driveways: All parking and driveway areas shall be developed in compliance with the approved plans and Chapter 21.50 (Parking and Loading) of the Campbell Municipal Code, subject to review by the Community Development Director. Trash Enclosures: Trash containers of a size and quantity necessary to serve the proposed use shall be located in areas approved by the Fire department and the Community Development Director and shall be designed to be architecturally compatible with the buildings and use with which it is associated. All trash enclosures are to be constructed at grade level and have a level area adjacent to the trash enclosure area to service these containers. o Landscape/Irrigation Plan: The applicant shall submit four (4) sets of the landscape/irrigation plan indicating the details of project landscaping. Final plan to be prepared consistent with the WELS standards and the Tree Preservation Ordinance. The plan shall include the following: A) Details of enhanced pavement treatments at entry driveways. B) Provision of irrigation and planting details for all planting areas. C) Introducing a minimum 24-inch box trees and 5 gallon shrubs as a part of the landscaping concept as well as relocating existing trees on the site. D) Tree Removal permit if applicable. Signage Program: No signage is approved as part of the development applications approved herein. The applicant shall submit a sign program indicating all signs for the site including building identification, directional and multi-tenant monument signs . No sign shall be installed until such application is approved and a permit issued by the Community Development Director as specified in Chapter 21.53. of the Zoning Ordinance (Sign Ordinance). Construction Mitigation Measures: The applicant shall implement measures as specified in the Initial Study including the following: 1. Construction activities will be limited to daytime hours of 8:00 am to 5:00 p.m. weekdays and 9:00 a.m. to 4:00 p.m. Saturdays. Construction is prohibited on Sundays and Holidays unless an exception is granted by the Building Official. 2. No pile driving is allowed for construction of the project. 3. All internal combustion engines for construction equipment used on the site will be properly muffled and maintained. All stationary noise generating construction equipment, such as air compressors and ° Planning Commission Resolt, Llon No. 3266 PLN2000-25/200-254 HaciendaJl 315-1357 Dell Ave - Site Approval - Vasona Technology Park Page 4 10. 11. 12. 13. 14. portable power generator, will be located as far as practical from the existing residences and businesses. 5. All active construction areas shall be watered at least twice daily. 6. Cover all trucks hauling soil and other loose materials stationed or prior to leaving the site. 7. Pave, apply water, or apply non-toxic soil stabilizers on all unpaved surfaces, and staging areas at the construction site. 8. Sweep daily all paved access roads, parking areas, staging areas, and adjacent public streets as directed by the City Engineer. 9. Enclose, cover, water or apply soil binders to exposed stockpiles. 10. Install sandbags or other erosion control measures to prevent runoff to all roadways, waterways or pubic walkways accessed by the public. Archaeological Monitoring Program: Provide an archaeological monitoring program prepared by a qualified archaeologist to monitor all subsurface excavation and construction for review and approval by the Community Development Director prior to the issuance of building permits. Garbage Collection and Outdoor Storage Facilties: Trash containers of a size and quantity necessary to serve new or modified building areas shall be located in areas approved by the Fire Department. Unless otherwise noted, enclosures, shall consist of a concrete floor surrounded by a solid wall or fence and have self-closing doors of a size specified by the Fire Department. All enclosures to be constructed at grade level and have a level area adjacent to the trash enclosure area to service these containers and to be architecturally compatible with the building walls. Outdoor storage facilities are prohibited unless authorized by the City in an architecturally designed enclosure. Mechanical Equipment: All roof-mounted and ground level mechanical equipment on new or remodeled structures on site, which are visible from the public right of way, shall be screened with similar building materials subject to the approval of the Community Development Director. Disabled Accessibility: All new and remodeled buildings shall provide disabled access in accordance with the Uniform Building Code (UBC), and the Uniform Federal Accessibility Standards (UFAS) and the Federal Americans with Disabilities Act (ADA). Phasing Plan: Applicant to submit a phasing and parking management plan for review and approval of the Community Development Director prior to the issuance of building or site development permits. The phasing and parking management plan shall ensure availability of project parking and access for existing uses. C,C & R's: Prior to recordation of the parcel map, applicant to prepare Covenants, Conditions and Restrictions in association with the map providing for mutual access, and parking and utility easements and ensuring maintenance of landscaping, parking areas, architectural continuity and common trash collection facilities. C, C & R's to be reviewed Planning Commission Reso~,don No. 3266 PLN2000-25/200-254 HaciendaJl 315-1357 Dell Ave - Site Approval - Vasona Technology Park Page 5 and approved by the Community Development Director. It is required that the appearances of the buildings provide continuity. FIRE DEPARTMENT REQUIREMENTS 15. Developmental Review: Review of this proposal is limited to site access and water supply as they pertain to fire department operations and shall not be construed as a substitute for formal plan review to determine compliance with adopted model codes or building standards. Prior to performing any work, the applicant shall apply to the Building Department for appropriate construction permits. 16. UBC Compliance: At time of Building permit application, the applicant shall show compliance with the Uniform Building Code relative to any occupancy or area separation and exiting requirements. 17. Fire Sprinklers: The existing building's fire sprinkler system(s) shall be updated as necessary to accommodate any new proposed designs. Each system, if so modified, shall have plans submitted to this department for review and approval prior to any such modification occurring. 18. Hydrant/Fire Service Water Main System: As the proposed Tentative Map indicates that property lines will now intersect the existing on-site fire hydrant and building fire service water main system, identify to this department in writing and with any such plan revision as may be necessary, how ownership and maintenance of these facilities will be continued. 19. HazMat Plans: It is required that HazMat Plans be filed with Santa Clara County Fire for uses on the site. BUILDING DIVISION REQUIREMENTS 20. Permits Required: A building permit application shall be required for the proposed changes in use (Industrial). The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 21. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. Plans shall be prepared to reflect all work associated with tenant improvement for the new proposed use. Code requirements for new use shall be identified and detailed in plans. 22. Size of Plans: The maximum size of construction plans submitted for building permits shall be 24 inches by 36 inches. 23. Special Inspections: When a special inspection is required by U.B.C. Section 1701, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the building permits, in accordance with U.B.C. Section 106.3.5. Please obtain City of Campbell Special Inspection forms from the Building Department. Planning Commission Resoi~..on No. 3266 PLN2000-25/200-254 HaciendaJl315-1357 Dell Ave- Site Approval -Vasona Technology Park Page 6 24. Non-Point Source Pollution Control Program: The City of Campbell standard Santa Clara Valley Non-Point Source Pollution Control Program specification sheet shall be part of plan submittal. The specification sheet (size 24" x 36") is available at the Building Department. 25. Approvals Required: The project requires the following agency approval prior to issuance of the building permit: A. West Valley Sanitation District B. Santa Clara County Fire Department PUBLIC WORKS DEPARTMENT 26 Tentative Parcel Map: Prior to issuance of any grading or building permits for the site, the applicant shall submit a Tentative Parcel Map for review by the City. The current application processing fee is $2,257.50. 27 Parcel Map: Prior to issuance of any building permits for the site, the applicant shall submit a Parcel Map for recordation upon approval by the City. The current plan check fee is $1,125.00 plus $25 per parcel. 28. Preliminary Title Report: Prior to recordation of the Parcel Map, the applicant shall grant a Public Sidewalk Easement, as necessary, on private property along Dell Avenue and Hacienda Avenue frontages. 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. 29. Easements: Prior to recordation of the Parcel Map, the applicant shall cause Easements to be recorded for private utilities, private storm drains, reciprocal ingress/egress and other easements as necessary. 30. Monuments: Prior to recording Parcel Map, all Monuments shown on the record map shall be set. 31. 32. 33. Street Improvement: Construction of an ADA compliant sidewalk with pedestrian ramps, accessible to the public, located within the existing mounded landscaped areas along the Hacienda and Dell Avenue frontages of the development. The sidewalk and associated sidewalk lighting, designed and constructed as required by the City Engineer, shall be maintained and operated in a safe and satisfactory manner by the owners. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer cleanout(s) shall be installed on private property behind the public right-of-way line. Utility Installation Plan: Prior to issuance of building permits for the site, the applicant shall submit a Utility Installation Coordination Plan and Schedule for approval by the City Engineer for installation of street improvements and/or abandonment of all utilities. Streets, which have been resurfaced within the previous 5 years, will require boring and Planning Commission Resok..on No. 3266 PLN2000-25/200-254 HaciendaJl 315-1357 Dell Ave - Site Approval - Vasona Technology Park Page 7 34. 35. 36. 37. jacking for all new utility installations. Applicant shall also prepare pavement restoration plans for approval by the City Engineer prior to any utility installation or abandonment. Drainage System: Prior to occupancy clearance, the applicant shall refurbish, remodel and reconstruct the on-site drainage system, as necessary, to demonstrate that the facilities are functioning normally in accordance with the requirements of the City. Storm Drain Area Fee: Prior to recordation of the Parcel Map, the applicant shall pay any unpaid Storm Drain Area Fee, which is $2,500 per acre. Santa Clara Valley Water District (SCVWD): Prior to recordation of the Parcel Map, the applicant shall obtain clearance from the SCVWD. Storm Water Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permitting requirements and the California Storm Water Best Management Practices handbook prepared by the Storm Water Quality Task Force, Santa Clara Valley Water District and the City of Campbell Municipal Code regarding Storm Water Pollution Prevention. This includes filing of a Notice of Intent with the Regional Water Quality Control Board and preparation of a Storm Water Pollution Prevention Plan. PASSED AND ADOPTED this 11th day of April, 2000, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Francois, Gibbons, Jones, Kearns, Lowe None Hernandez, Lindstrom None APPROVED: Elizabeth Gibbons, Chair ATTEST: Sharon Fierro, Secretary RESOLUTION NO. 3267 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A PARCEL MAP (PLN2000-26) TO CREATE FOUR PARCELS ON PROPERTIES LOCATED AT 200-254 HACIENDA AVENUE AND 1315-1357 DELL AVENUES IN A CM/B-80 (CONTROLLED MANUFACTURING) ZONING DISTRICT. APPLICATION OF MR. BROCK GRAYSON. FILE NO. PLN2000-26. After notification and public hearing, as specified by law, and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to application PLN2000-26. 1. An initial study was prepared for this project which concludes there are no significant environmental impacts and a Negative Declaration has been prepared for this project. 2. The proposed lots shape, size, arrangement and design are consistent with the lot standards of the C-M(B-80) Zoning District and the industrial designation of the general plan. 3. The proposed lots all have frontage on a public street. 4. The proposed map is designed and conditioned to accommodate circulation, access and maintenance needs of the subdivision. 5. The proposed map has been conditioned to ensure adequate provisions of street improvements and drainage facilities. Based on the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed subdivision is consistent with the General Plan and the Zoning Ordinance. 2. The proposed subdivision does not impair the balance between the housing needs of the region and the public services needs of its residents and available fiscal and environmental resources. 3. The proposed subdivision provides for adequate street frontage to serve the proposed. 4. No substantial evidence has been presented which shows that the subdivision, as presented, and subject to the attached conditions would have a significant effect on the environment. Planning Commission Resoi~ .on No. 3267 PLN2000-26/200-254 Hacienda/1315-1357 Dell Ave - Parcel Map - Vasona Technology Park Page 2 The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions in accordance with the ordinance of the City of Campbell and the State of California. The lead department with which the applicant will work is identified on each condition where necessary. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified: COMMUNITY DEVELOPMENT DEPARTMENT 1. Project Approval: Approval is granted for a Site and Architectural Review Permit (PLN 2000-25) allowing development on property located at 200-250 E. Hacienda Avenue and 1315 - 1357 Dell Ave. consisting of the following: · A research and development project accommodating 308,070 square feet in seven existing buildings. Project approval shall substantially comply with project plans prepared by Brock Grayson, Ware & Malcomb Architects, Inc, dated 3/2/00,consisting of 17 sheets, except as modified by the Conditions of Approval contained herein. · A four lot subdivision. Map approval shall be consistent with the tentative map prepared by Kier & Wright, Civil Engineers & Surveyors, dated February 2000 consisting of 2 sheets. · Project Planning and Phasing dated February 23, 2000 consisting of three pages prepared by Ware & Malcomb Architects,Inc. · Exterior parking, landscaping and building exterior improvements shall be completed within one year of Planning Commission approval on or before April 11,2001. · Building interior remodels and new occupancies shall comply with the applicant's project phasing and planning schedule, amendments in this schedule may be considered by the Community Development Director. 2. Detailed Building Elevations A. Materials and Colors: The applicant shall work with staff upon the recommendation of the Architectural Advisor to select specific building colors and materials for the new buildings. The conceptual palette is considered acceptable. The colors shall be referred to the Community Development Director for review and approval prior to issuance of building permits. Architectural Details: The applicant shall submit plans and illustrated brochures indicating the location and design of architectural features such as light fixtures and parking lot lighting for approval by the Community Development Director. Parking and Driveways: All parking and driveway areas shall be developed in compliance with the approved plans and Chapter 21.50 (Parking and Loading) of the Campbell Municipal Code, subject to review by the Community Development Director. o Trash Enclosures: Trash containers of a size and quantity necessary to serve the proposed use shall be located in areas approved by the Fire department and the Community Development Director and shall be designed to be architecturally compatible with the Planning Commission Reso~, _on No. 3267 PLN2000-26/200-254 HaciendaYl 315-1357 Dell Ave - Parcel Map - Vasona Technology Park Page 3 o o buildings and use with which it is associated. All trash enclosures are to be constructed at grade level and have a level area adjacent to the trash enclosure area to service these containers. Landscape/Irrigation Plan: The applicant shall submit four (4) sets of the landscape/irrigation plan indicating the details of project landscaping. Final plan to be prepared consistent with the WELS standards and the Tree Preservation Ordinance. The plan shall include the following: A) Details of enhanced pavement treatments at entry driveways. B) Provision of irrigation and planting details for all planting areas. C) Introducing a minimum 24-inch box trees and 5 gallon shrubs as a part of the landscaping concept as well as relocating existing trees on the site. D) Tree Removal permit if applicable. Signage Program: No signage is approved as part of the development applications approved herein. The applicant shall submit a sign program indicating all signs for the site including building identification, directional and multi-tenant monument signs . No sign shall be installed until such application is approved and a permit issued by the Community Development Director as specified in Chapter 21.53. of the Zoning Ordinance (Sign Ordinance). Construction Mitigation Measures: The applicant shall implement measures as specified in the Initial Study including the following: 1. Construction activities will be limited to daytime hours of 8:00 am to 5:00 p.m. weekdays and 9:00 a.m. to 4:00 p.m. Saturdays. Construction is prohibited on Sundays and Holidays unless an exception is granted by the Building Official. 2. No pile driving is allowed for construction of the project. 3. All internal combustion engines for construction equipment used on the site will be properly muffled and maintained. 4. All stationary noise generating construction equipment, such as air compressors and portable power generator, will be located as far as practical from the existing residences and businesses. 5. All active construction areas shall be watered at least twice daily. 6. Cover all trucks hauling soil and other loose materials stationed or prior to leaving the site. 7. Pave, apply water, or apply non-toxic soil stabilizers on all unpaved surfaces, and staging areas at the construction site. 8. Sweep daily all paved access roads, parking areas, staging areas, and adjacent public streets as directed by the City Engineer. 9. Enclose, cover, water or apply soil binders to exposed stockpiles. 10. Install sandbags or other erosion control measures to prevent runoff to all roadways, waterways or pubic walkways accessed by the public. 9. Archaeological Monitoring Program: Provide an archaeological monitoring program Planning Commission Resm,.,on No. 3267 PLN2000-26/200-254 Hacienda/1315-1357 Dell Ave - Parcel Map - Vasona Technology Park Page 4 prepared by a qualified archaeologist to monitor all subsurface excavation and construction for review and approval by the Community Development Director prior to the issuance of building permits. 10. Garbage Collection and Outdoor Storage Facilties: Trash containers of a size and quantity necessary to serve new or modified building areas shall be located in areas approved by the Fire Department. Unless otherwise noted, enclosures, shall consist of a concrete floor surrounded by a solid wall or fence and have self-closing doors of a size specified by the Fire Department. All enclosures to be constructed at grade level and have a level area adjacent to the trash enclosure area to service these containers and to be architecturally compatible with the building walls. Outdoor storage facilities are prohibited unless authorized by the City in an architecturally designed enclosure. 11. Mechanical Equipment: All roof-mounted and ground level mechanical equipment on new or remodeled structures on site, which are visible from the public right of way, shall be screened with similar building materials subject to the approval of the Community Development Director. 12. Disabled Accessibility: All new and remodeled buildings shall provide disabled access in accordance with the Uniform Building Code (UBC), and the Uniform Federal Accessibility Standards (UFAS) and the Federal Americans with Disabilities Act (ADA). 13. Phasing Plan: Applicant to submit a phasing and parking management plan for review and approval of the Community Development Director prior to the issuance of building or site development permits. The phasing and parking management plan shall ensure availability of project parking and access for existing uses. 14. CC&R's: Prior to recordation of the parcel map, applicant to prepare Covenants, Conditions and Restrictions in association with the map providing for mutual access, and parking and utility easements and ensuring maintenance of landscaping, parking areas, architectural continuity and common trash collection facilities. CC&R's to be reviewed and approved by the Community Development Director. It is required that the appearances of the buildings provide continuity. FIRE DEPARTMENT REQUIREMENTS 15. Developmental Review: Review of this proposal is limited to site access and water supply as they pertain to fire department operations and shall not be construed as a substitute for formal plan review to determine compliance with adopted model codes or building standards. Prior to performing any work, the applicant shall apply to the Building Department for appropriate construction permits. 16. UBC Compliance: At time of Building permit application, the applicant shall show compliance with the Uniform Building Code relative to any occupancy or area separation and exiting requirements. Planning Commission Resolt~don No. 3267 PLN2000-26/200-254 HaciendaJl 315-1357 Dell Ave - Parcel Map - Vasona Technology Park Page 5 17. Fire Sprinklers: The existing building's fire sprinkler system(s) shall be updated as necessary to accommodate any new proposed designs. Each system, if so modified, shall have plans submitted to this department for review and approval prior to any such modification occurring. 18. Hydrant/Fire Service Water Main System: As the proposed Tentative Map indicates that property lines will now intersect the existing on-site fire hydrant and building fire service water main system, identify to this department in writing and with any such plan revision as may be necessary, how ownership and maintenance of these facilities will be continued. 19. HazMat Plans: It is required that HazMat Plans be filed with Santa Clara County Fire for uses on the site. BUILDING DIVISION REQUIREMENTS 20. Permits Required: A building permit application shall be required for the proposed changes in use (Industrial). The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 21. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. Plans shall be prepared to reflect all work associated with tenant improvement for the new proposed use. Code requirements for new use shall be identified and detailed in plans. 22. Size of Plans: The maximum size of construction plans submitted for building permits shall be 24 inches by 36 inches. 23. Special Inspections: When a special inspection is required by U.B.C. Section 1701, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the building permits, in accordance with U.B.C. Section 106.3.5. Please obtain City of Campbell Special Inspection forms from the Building Department. 24. Non-Point Source Pollution Control Program: The City of Campbell standard Santa Clara Valley Non-Point Source Pollution Control Program specification sheet shall be part of plan submittal. The specification sheet (size 24" x 36") is available at the Building Department. 25. Approvals Required: The project requires the following agency approval prior to issuance of the building permit: A. West Valley Sanitation District B. Santa Clara County Fire Department PUBLIC WORKS DEPARTMENT 26 Tentative Parcel Map: Prior to issuance of any grading or building permits for the site, the applicant shall submit a Tentative Parcel Map for review by the City. The current Planning Commission ResoL~.~,on No. 3267 PLN2000-26/200-254 Hacienda/1315-1357 Dell Ave - Parcel Map - Vasona Technology Park Page 6 application processing fee is $2,257.50. 27 Parcel Map: Prior to issuance of any building permits for the site, the applicant shall submit a Parcel Map for recordation upon approval by the City. The current plan check fee is $ I, 125.00 plus $25 per parcel. 28. Preliminary Title Report: Prior to recordation of the Parcel Map, the applicant shall grant a Public Sidewalk Easement, as necessary, on private property along Dell Avenue and Hacienda Avenue frontages. 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. 29. Easements: Prior to recordation of the Parcel Map, the applicant shall cause Easements to be recorded for private utilities, private storm drains, reciprocal ingress/egress and other easements as necessary. 30. Monuments: Prior to recording Parcel Map, all Monuments shown on the record map shall be set. 3l. Street Improvement: Construction of an ADA compliant sidewalk with pedestrian ramps, accessible to the public, located within the existing mounded landscaped areas along the Hacienda and Dell Avenue frontages of the development. The sidewalk and associated sidewalk lighting, designed and constructed as required by the City Engineer, shall be maintained and operated in a safe and satisfactory manner by the owners. 32. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer cleanout(s) shall be installed on private property behind the public right-of-way line. 33. Utility Installation Plan: Prior to issuance of building permits for the site, the applicant shall submit a Utility Installation Coordination Plan and Schedule for approval by the City Engineer for installation of street improvements and/or abandonment of all utilities. Streets, which have been resurfaced within the previous 5 years, will require boring and jacking for all new utility installations. Applicant shall also prepare pavement restoration plans for approval by the City Engineer prior to any utility installation or abandonment. 34. Drainage System: Prior to occupancy clearance, the applicant shall refurbish, remodel and reconstruct the on-site drainage system, as necessary, to demonstrate that the facilities are functioning normally in accordance with the requirements of the City. 35. Storm Drain Area Fee: Prior to recordation of the Parcel Map, the applicant shall pay any unpaid Storm Drain Area Fee, which is $2,500 per acre. 36. Santa Clara Valley Water District (SCVWD): Prior to recordation of the Parcel Map, the applicant shall obtain clearance from the SCVWD. 37. Storm Water Pollution Prevention Measures: Prior to issuance of any grading or building Planning Commission Resm~.,on No. 3267 PLN2000-26/200-254 Hacienda/1315-1357 Dell Ave - Parcel Map - Vasona Technology Park Page 7 permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permitting requirements and the California Storm Water Best Management Practices handbook prepared by the Storm Water Quality Task Force, Santa Clara Valley Water District and the City of Campbell Municipal Code regarding Storm Water Pollution Prevention. This includes filing of a Notice of Intent with the Regional Water Quality Control Board and preparation of a Storm Water Pollution Prevention Plan. PASSED AND ADOPTED this 11 th day of April, 2000, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Francois, Gibbons, Jones, Kearns, Lowe None Hernandez, Lindstrom None APPROVED: Elizabeth Gibbons, Chair ATTEST: Sharon Fierro, Secretary Planning Commission Minutes of April 11, 2000 Page 2 ORAL REQUESTS There were no oral requests. PUBLIC HEARING Chairperson Gibbons advised the Commission that Agenda withdrawn from consideration at the request of the applicants. Items No. 1 and 3 are being Chairperson Gibbons read Agenda Item No. 2 into the record. PLN2000-25/ PLN2000-26 Grayson, B. Public Hearing to consider the application of Mr. Brock Grayson, on behalf of Legacy Partners, for approval of a Site and Architectural Application (PLN2000-25) to allow modifications to existing commercial buildings and approval of a Parcel Map Application (PLN2000-26) to create four parcels on property located at 200-254 Hacienda Avenue and 1315-1357 Dell Avenue in a CM/B-80 (Controlled Manufacturing) Zoning District. A Negative Declaration has been prepared for this project. Planning Commission decision final, unless appealed in writing to the City Clerk within 10 days. Mr. Tim J. Haley, Associate Planner, presented the staff report as follows: · Advised that the applicants are seeking a Site and Architectural Approval to remodel an existing commercial development at the intersections of Hacienda and Dell Avenues. · The project site is 20 acres and contains seven buildings with a total of 308,000 square feet of interior space. The site was redeveloped in the early 80' s. · Stated that as part of this application, the applicant is seeking approval of a Parcel Map subdividing the site into four parcels. Added that the parking lot will be reconfigured, adding additional spaces and dock doors will be eliminated. Landscaping will be added and a redefined site entry from Dell Avenue. · The applicants proposed to complete exterior painting and landscaping by September 2000. · The buildings are currently occupied with leases nearing their expiration dates. Buildings will be refurbished as they are vacated. · The proposed uses will be more Research and Development with an emphasis on office use. The original uses included office, warehouse and manufacturing. · The General Plan designated use is Industrial and the Zoning is CM-80 (Controlled Manufacturing with minimum lot sizes of 80,000 square feet. · The proposed Parcel Map creates four lots at or above 80,000 square feet. · Staff recommends the requirement for CC&R's to ensure the maintenance of common areas. · The project site is currently known as the Hacienda Business Park and will be renamed the Vasona Technology Park. · Street improvements will include the installation of sidewalks while the specific location for the sidewalks has not yet been identified. · A letter from VTA was distributed as a Communication Item as this site is adjacent to the future Light Rail Station at Hacienda and Winchester. Planning Commission Minutes of April 11, 2000 Page 3 · Staff recommends that the Commission adopt two Resolutions recommending that Council approve a Site and Architectural Application and Tentative Parcel Map for this project. Commissioner Lowe asked why the applicant wishes to subdivide the sitel Mr. Tim J. Haley advised that by subdividing the property, opportunities for individual ownership of the commercial buildings is possible. Commissioner Lowe expressed concern about the potential to lose continuity of the site if the buildings are separately owned. Mr. Tim J. Haley agreed that that was possible but that the applicant could better address their reasons for parcelization. Commissioner Lowe asked about a sign program for the site. Mr. Tim J. Haley advised that there is no signing program proposed at this time for the site. The Conditions of Approval contain a provision requiring that a Sign Program be developed and approved by the City at a later date. Commissioner Francois asked if the City had any obligation to the VTA for the comments in its letter. Mr. Tim J. Haley advised that the letter represents feedback and recommendations. They suggest providing less parking but the site is developed with parking ratios of 1:250 or four per 1,000 square feet, consistent with Campbell's Parking Standards. Chairperson Gibbons clarified that staff is recommending that parking be provided that meets the City's Parking Ordinance. She asked about the suggestion for providing parking for bicycles contained in the VTA letter. Mr. Tim J. Haley advised that the applicants are not adverse to accommodating bicycles on site. The Public Works department is addressing accessibility issues on the site in relation to a future Light Rail Station. Chairperson Gibbons asked why the Tree Ordinance is not mentioned. Mr. Tim J. Haley advised that staff will consider trees when a specific landscape plan is provided and reviewed. Chairperson Gibbons asked if the landscape plan will be reviewed by staff or the Commission. Mr. Tim J. Haley advised that the Commission would review and approve the landscape plan, if trees are removed. Planning Commission Minutes of April 11, 2000 Page 4 Chairperson Gibbons expressed concern about eliminating all loading docks, stating that having a place for trucks to park and unload which do not block circulation on site is a good thing. Mr. Tim J. Haley advised that while the majority of the loading dock areas will be eliminated, some loading doors would be retained. Much of the warehousing space is being converted into office space. Commissioner Francois presented the Site and Architectural Review Committee review as follows: · This project was reviewed by SARC on March 28, 2000. · SARC was supportive of the project with a request for revised color palette. Chairperson Gibbons asked if the revised color palette has been received. Mr. Tim J. Haley advised that the applicants are still working on the revised color palette. A Condition of Approval requires submittal and approval of the color palette. Chairperson Gibbons opened the Public Hearing for Agenda Item No. 2. No one was present wishing to address this project. Chairperson Gibbons asked that a representative of the applicant approach the podium for questions. Commissioner Lowe asked for an explanation for the desire for parcelization. Mr. Brock Grayson, Applicant's Representative, 5000 Executive Parkway, San Ramon: · Advised that the today's market demands the ability to sell land and buildings in such a project. Chairperson Gibbons asked what would be done to ensure the maintenance of the campus. Mr. Brock Grayson advised that the CC&R's would cover maintenance issues. Ms. Sharon Fierro, Interim Community Development Director, added that architectural compatibility is not required amongst the buildings on this site. It is not required that it look like an office park. Commissioner Lowe expressed concerns about having widely divergent landscape schemes such as a "jungle" versus "desert" scene. Ms. Sharon Fierro replied that significant changes to the site would come before the Planning Commission and the Community Development Director would approve minor changes. She added that circulation and parking issues would be covered within the CC&R's to ensure that they remain shared. Planning Commission Minutes of April 11, 2000 Page 5 Chairperson Gibbons reiterated to Mr. Brock Grayson that the landscaping, sign program and project color scheme will need to be finalized in the future. Added that she is not thrilled with the parcelization of the site. Commissioner Lowe asked if this project meets the City's General Plan. Mr. Tim J. Haley advised that each proposed parcel is larger that the 80,000 square feet required. The applicants had originally wanted to split the site into seven parcels but to do so was inconsistent with the Zoning, as not each parcel would have including the 80,000 square foot minimum lot size. Chairperson Gibbons suggested refining the CC&R's to require the continuity of the buildings' appearances. Added that the project should meet any HazMat requirements of the Fire Department within the Conditions of Approval. Chairperson Gibbons closed the Public Hearing for Agenda Item No. 2. Motion: Upon motion of Commissioner Francois, seconded by Commissioner Lowe, the Planning Commission took the following action: 1. Adopted Resolution No. 3266 granting a Site and Architectural Approval (PLN2000-25) to allow modifications to seven existing commercial buildings on property located at 200-254 Hacienda Avenue and 1315-1357 Dell Avenue with the revisions of Condition 14 to require that the appearances of the buildings provide continuity and that HazMat Plans be filed with County Fire for uses on the site; and 2. Adopted Resolution No. 3267 approving a Parcel Map (PLN2000-26) to create four parcels on property located at 200-254 Hacienda Avenue and 1315-1357 Dell Avenue, by the following roll call vote: AYES: Francois, Gibbons, Jones, Kearns, Lowe NOES: None ABSENT: Hernandez, Lindstrom ABSTAIN: None Chairperson Gibbons advised that this item is final in I0 days unless appealed in writing to the City Clerk. Chairperson Gibbons read Agenda Item No. 4 into the record. o~' c,~%~ ° ' O~CH ~.~tO ' ITEM NO, 2 STAFF REPORT - PLANNING COMMISSION MEETING OF April 11, 2000 PLN 2000-25 PLN 2000-26 Grayson, B. Public Hearing to consider the application of Mr. Brock Grayson, on behalf of Legacy Partners, for approval of a Site and Architectural Application (PLN 2000-25) to allow modifications to existing industrial buildings and approval of a Parcel Map Application (PLN 2000-26) to create four parcels on property located at 200 - 254 East Hacienda Avenue and 1315 -1357 Dell Avenue in a CM/B-80(Controlled Manufacturing) Zoning District. STAFF RECOMMENDATION That the Planning Commission take the following actions: Adopt a Resolution, approving the applicant's proposal to remodel the existing industrial buildings, based upon the attached findings and subject to the attached conditions of approval, and Adopt a Resolution, approving the applicant's proposal to subdivide the project site into four parcels, based upon the attached findings and subject to the attached conditions of approval. ENVIRONMENTAL DETERMINATION An initial study was prepared for this project which concludes that there are no significant environmental impacts associated with this project, consequently, a Negative Declaration is recommended in accordance with Section 15074 (b) of the California Environmental Quality Act (CEQA) Guidelines. PROJECT DATA Gross Acres: Net Acres: 20 acres 18.59 acres 809,780 sq. ft. Building Coverage: Landscaping: Paving Coverage 259,129 square feet 159,922 square feet 387,742 square feet 32.25% 19.75% 48 % Parking Required: Parking Provided: 1,232 parking spaces @ 1: 250 gross square feet parking ratio 1,232 parking spaces @ 1:250 gross square feet parking ratio Proposed use: 308,070 sq. ft. research and development use Surrounding Uses: North: East: Industrial Office/Manufacturing/Warehousing across Dell Avenue. Staff Report- Planning Commis .... n Meeting of April 11, 2000 PLN 2000-25 (S) & PLN 2000-26 (PM) 200-254 East Hacienda Avenue and 1315-1357 Dell Avenue Page 2 South: West: Office/Manufacturing/Warehousing Union Pacific Right-of -Way/Winchester Blvd. Parcel Map Square footage Parcel 1 91,476 2.1 acres Parcel 2 248,292 5.7 acres Parcel 3 283,140 6.5 acres Parcel 4 187,308 4.3 acres Minimum Lot size is 80,000 square feet within the CM(B-80) zoning district. DISCUSSION Background The Planning Commission in 1980 approved a site and architectural application allowing the remodel of an existing IBM processing building in the center of the project site and the construction of six new office/manufacturing/warehousing buildings at this business park. The Planning Commission in 1999 approved the occupancy of one of the 40,000 building on the site as an out patient facility for Kaiser Health Foundation. The applicant at this time is requesting approval of a site and architectural application to allow the remodel of the business park to accommodate research and development uses and for approval of a parcel map to subdivide the property into four parcels. Applicant's Proposal: The applicant, Brock Grayson, is requesting approval of a Site and Architectural Application and Tentative Parcel Map to allow the remodel of the existing business park to accommodate research and development uses versus the previous office/warehousing or office/manufacturing uses. The existing building footprints and square footages will remain the same. The proposed modifications include the following significant changes: · A new color scheme · Provision of a new signing program · The addition of new building entrances and window elements · Changes to the textured wall treatment to a smooth plaster finish and · Modify loading dock areas Site improvements include reconfiguring parking areas to accommodate additional parking spaces and to provide a simpler and better defined circulation system. These improvements include the following: · Landscaping in reconfigured islands in the parking area and adjacent to new office spaces. · New landscaping along entry driveways. · Introduction of pavement treatments at driveways and building entrances and · Introduction of sidewalks along the street frontages The applicant has submitted the attached phasing plan for the project. This plan indicates that all exterior site work will be completed by September 2000. These improvements include Staff Report - Planning Commis~,on Meeting of April 1 I, 2000 PLN 2000-25 (S) & PLN 2000-26 (PM) 200-254 East Hacienda Avenue and 1315-1357 Dell Avenue Page 3 reconfiguration of the parking area, painting and updating the walls of the buildings and upgrading the landscaping in the project. The building improvements will coincide with tenant lease expirations. These leases expire beginning in August 2000 through June 2008.The building improvements will involve interior and structural improvements as well as new windows and building entrances. The applicant is also requesting approval of a tentative parcel map to subdivide the property into four parcels. ANALYSIS General Plan Designation: The project site is designated as Industrial on the General Plan Land Use Element Map. The applicant is proposing a research and development use. The proposed use is consistent with the Industrial designation. Zoning Use Designation: The project site is zoned C-M(B-80) (Controlled Manufacturing). The proposed research and development use is permitted within this zoning district, subject to the site and architectural approval process. The proposed subdivision of the property is consistent with the zoning and subdivision regulations for the C-M(B-80) zoning district. Staff is recommending that covenants, conditions and restriction be recorded with the parcel map to ensure mutual access easements for parking, ingress and egress of both pedestrians and vehicles, utilities and maintenance of common facilities. Parcel Map: The applicant is requesting approval of a parcel map to subdivide this project into four parcels. The proposed parcels all exceed the minimum area requirements of 80,000 square feet of the CM B-80 Zoning District and have frontages on a public street. The parcels individually address the parking needs and setback requirements of the buildings that currently exist on the site. The lots shapes and size potentially allow for future redevelopment of the parcels under the CM B-80 zoning district and provide side property lines perpendicular to the street frontages. Staff is recommending a condition of approval to provide easements for shared access, utilities and other services and C, C & R's for maintenance and use restrictions. Parcel Map Table Parcel No. Acreage Buildings Building sq. ft. Parcel 1 2.1 acres Building "A" 23,474 Parcel 2 5.7 acres Buildings "F and E" 75,511 Parcel 3 6.5 acres Buildings "B and G" 81,399 Parcel 4 4.3 acres Buildings "C and D" 80,000 Parking and Circulation: The submitted site plan indicates that the existing parking area will be modified to increase the number of parking spaces from 1009 to 1232. The proposed site plan indicates the provision of 1232 parking spaces or a parking ratio of 1:250 that satisfies the parking ratio of the proposed research and development uses. Staff Report - Planning Commis, ~n Meeting of April 11, 2000 PLN 2000-25 (S) & PLN 2000-26 (PM) 200-254 East Hacienda Avenue and 1315-1357 Dell Avenue Page 4 A future light rail station is planned at the Winchester/Hacienda intersection within the railroad right-of-way. A pedestrian connection is required as a condition of approval through the introduction of a sidewalk along the East Hacienda Avenue frontage. Site Layout: The applicant intends to maintain the placement of the existing buildings and would reconfigure the parking and landscape areas around the buildings to eliminate dock and loading areas, provide more defined building entrances and driveways and to create a more efficient parking layout. Staff considers the proposed changes acceptable. Building Design: The applicant's proposed architectural modifications are generally cosmetic in character. Staff is recommending a condition of approval that a revised color scheme be submitted for review and approval by the Community Development Director, upon recommendation of the architectural advisor. Street Improvements: The site plan indicates the provision of a meandering sidewalk along the Hacienda and Dell Avenue frontages. A meandering walk is proposed to minimize conflicts with existing mature trees, utilities and grade changes in the sidewalk due to the existing landscaped berms. Landscaping: The applicant has indicated that 20 percent of the project site will be landscaped. The development proposal does not change the percentage of landscaping currently provided on the site. The conceptual landscape plan indicates the provision of enhanced pavement treatments at the driveways along Hacienda Avenue and a better defined project entrance through decorative paving bands and landscaping materials. The applicant intends to relocated the significant palms, olive and plum trees to revised planting areas. Signing: Staff is recommending a condition of approval that requires the applicant to submit a signing application for a signing program throughout the project. This condition will require the development of a coordinated sign program and will provide a consistent signing identification system for the site. The current proposal does not indicate any signage. Trash Enclosure: Staff is recommending that the applicant provide details of the proposed trash enclosure and that the enclosure area be sized to accommodate both disposal and recycling needs of the retail use. Staff Report- Planning Commis~,on Meeting of April 1 I, 2000 PLN 2000-25 (S) & PLN 2000-26 (PM) 200-254 East Hacienda Avenue and 1315-1357 Dell Avenue Page 5 Site and Architectural Review Committee: At its meeting of March 28, 2000, the Committee reviewed the applicant's proposal. The Committee was supportive of the applicant's proposal subject to the condition that a revised color scheme be presented Attachments: 1. Findings for Approval of the Tentative Parcel Map 2. Findings for Approval of the Site and Architectural Application 3. Conditions of Approval Tentative Parcel Map 4. Conditions of Approval Site and Architectural Approval 5. Initial Study 6. Applicant's Proposal 7. Reduced Plans 8. Location Map Prepared by: ~~!~n~. er Approved by: .~2~,Alr~ Sharon Fierro, Interim Community Development Director Attachment # 1 FINDINGS FOR APPROVAL OF FILE NO. PLN 2000-26(PM) SITE ADDRESS: 200 - 250 E. Hacienda Avenue and 1315 - 1357 Dell Avenue APPLICANT: Brock Grayson P.C. MEETING: April 11, 2000 Findings for Approval of a Tentative Parcel Map to allow a four lot parcel map (PLN 2000-26) on property located at 200-215 E. Hacienda Avenue and 1315 -1357 Dell Avenue The Planning Commission finds as follows with regard to File No. PLN 2000-26. 1. An initial study was prepared for this project which concludes there are no significant environmental impacts and a Negative Declaration has been prepared for this project. 2. The proposed lots shape, size, arrangement and design are consistent with the lot standards of the C-M(B-80) Zoning District and the industrial designation of the general plan. 3. The proposed lots all have frontage on a public street. 4. The proposed map is designed and conditioned to accommodate circulation, access and maintenance needs of the subdivision. 5. The proposed map has been conditioned to ensure adequate provisions of street improvements and drainage facilities. Based on the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed subdivision is consistent with the General Plan. And the Zoning Ordinance 2. The proposed subdivision does not impair the balance between the housing needs of the region and the public services needs of its residents and available fiscal and environmental resources 3. The proposed subdivision provides for adequate street frontage to serve the proposed. 4. No substantial evidence has been presented which shows that the subdivision, as presented, and subject to the attached conditions would have a significant effect on the environment. Attachment #2 FINDINGS FOR APPROVAL OF FILE NO. PLN 2000-25(S) SITE ADDRESS: 200-250 E. Hacienda Avenue and 1315 - 1357 Dell Avenue APPLICANT: Brock Grayson P.C. MEETING: April 11, 2000 Findings for Approval of a Site and Architectural Application to allow a remodeled research and development park on property located at 200 -254 E. Hacienda Avenue and 1315-1357 Dell Ave. The Planning Commission finds as follows with regard to File No. PLN 2000-25. An initial study was prepared for this project which concludes there are no significant environmental impacts and a Negative Declaration has been prepared for this project. The proposed building design and site layout are consistent with the industrial land use of the General Plan and the (CM B-80) Controlled Manufacturing designation for the site. The proposal achieves the following objectives: a) Provides attractive architectural elevation of the project buildings. b) Accommodates driveways and parking circulation to serves the proposed use consistent with the parking standards of the City. c) Creates an architecturally pleasing project reflective of the other approved research and development parks in the community through the introduction of landscaping and pavement treatments. o The proposed circulation accommodates the parking and access needs of the proposed uses. The proposed project design addresses the site planning issues of the building placement and integrates the use with the surrounding neighborhood and uses. 5. The project site plan indicates that 20 percent of the project will be landscaped. 6. The project will not create a nuisance due to noise, litter, vandalism, traffic or other factors. The project will not significantly disturb the peace and enjoyment of nearby residential neighborhood. Findings for Approval PLN 2000-25 (S) Page 2 Based on the foregoing findings of fact, the Planning Commission further finds and concludes that: The proposed project will aid in the enhancement and the harmonious development of the immediate area. The establishment, maintenance, or operation of the uses will be detrimental to the public health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood of such proposed use. The proposed site layout provides a desirable site layout for a research and development use in this neighborhood. o The project is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such uses would generate. CONDITIONS OF AI'cROVAL FOR FILE NO. PLN2000-2~/PLN2000-26 Page 1 Attachment #3 CONDITIONS OF APPROVAL FOR FILE NO. PLN 2000-25, 26(S & PM) SITE ADDRESS: 3245 S. Winchester Blvd. APPLICANT: Brock Grayson P.C. MEETING: April 11, 1999 The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions in accordance with the Ordinances of the City of Campbell and the State of California. Where applicable, the lead department with which at the applicant will work, is identified on each condition. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified. COMMUNITY DEVELOPMENT DEPARTMENT 1. Project Approval: Approval is granted for a Site and Architectural Review Permit (PLN 2000-25) allowing development on property located at 200-250 E. Hacienda Avenue and 1315 - 1357 Dell Ave. consisting of the following: · A research and development project accommodating 308,070 square feet in seven existing buildings. Project approval shall substantially comply with project plans prepared by Brock Grayson, Ware & Malcomb Architects, Inc, dated 3/2/00,consisting of 17 sheets, except as modified by the Conditions of Approval contained herein. · A four lot subdivision. Map approval shall be consistent with the tentative map prepared by Kier & Wright, Civil Engineers & Surveyors, dated February 2000 consisting of 2 sheets. · Project Planning and Phasing dated February 23, 2000 consisting of three pages prepared by Ware & Malcomb Architects,Inc. · Exterior parking, landscaping and building exterior improvements shall be completed within one year of Planning Commission approval on or before April 11,2001. · Building interior remodels and new occupancies shall comply with the applicant's project phasing and planning schedule, amendments in this schedule may be considered by the Community Development Director. 2. Detailed Building Elevations A. Materials and Colors: The applicant shall work with staff upon the recommendation of the Architectural Advisor to select specific building colors and materials for the new buildings. The conceptual palette is considered acceptable. The colors shall be referred to the Community Development Director for review and approval prior to issuance of building permits. o Architectural Details: The applicant shall submit plans and illustrated brochures indicating the location and design of architectural features such as light fixtures and parking lot lighting for approval by the Community Development Director. CONDITIONS OF A}rROVAL FOR FILE NO. PLN2000-2~/PLN2000-26 Page 2 Parking and Driveways: All parking and driveway areas shall be developed in compliance with the approved plans and Chapter 21.50 (Parking and Loading) of the Campbell Municipal Code, subject to review by the Community Development Director. Trash Enclosures: Trash containers of a size and quantity necessary to serve the proposed use shall be located in areas approved by the Fire department and the Community Development Director and shall be designed to be architecturally compatible with the buildings and use with which it is associated. All trash enclosures are to be constructed at grade level and have a level area adjacent to the trash enclosure area to service these containers. Landscape/Irrigation Plan: The applicant shall submit four (4) sets of the landscape/irrigation plan indicating the details of project landscaping. Final plan to be prepared consistent with the WELS standards and the Tree Preservation Ordinance. The plan shall include the following: A) Details of enhanced pavement treatments at entry driveways. B) Provision of irrigation and planting details for all planting areas. C) Introducing a minimum 24-inch box trees and 5 gallon shrubs as a part of the landscaping concept as well as relocating existing trees on the site. D) Tree Removal permit if applicable. Signage Program: No signage is approved as part of the development applications approved herein. The applicant shall submit a sign program indicating all signs for the site including building identification, directional and multi-tenant monument signs . No sign shall be installed until such application is approved and a permit issued by the Community Development Director as specified in Chapter 21.53. of the Zoning Ordinance (Sign Ordinance). Construction Mitigation Measures: The applicant shall implement measures as specified in the Initial Study including the following: 1. Construction activities will be limited to daytime hours of 8:00 am to 5:00 p.m. weekdays and 9:00 a.m. to 4:00 p.m. Saturdays. Construction is prohibited on Sundays and Holidays unless an exception is granted by the Building Official. 2. No pile driving is allowed for construction of the project. 3. All internal combustion engines for construction equipment used on the site will be properly muffled and maintained. 4. All stationary noise generating construction equipment, such as air compressors and portable power generator, will be located as far as practical from the existing residences and businesses. 5. All active construction areas shall be watered at least twice daily. 6. Cover all trucks hauling soil and other loose materials stationed or prior to leaving the site. 7. Pave, apply water, or apply non-toxic soil stabilizers on all unpaved surfaces, and CONDITIONS OF AI-cROVAL FOR FILE NO. PLN2000-2~/PLN2000-26 Page 3 10. 11. 12. 13. staging areas at the construction site. 8. Sweep daily all paved access roads, parking areas, staging areas, and adjacent public streets as directed by the City Engineer. 9. Enclose, cover, water or apply soil binders to exposed stockpiles. 10. Install sandbags or other erosion control measures to prevent runoff to all roadways, waterways or pubic walkways accessed by the public. Archaeological Monitoring Program: Provide an archaeological monitoring program prepared by a qualified archaeologist to monitor all subsurface excavation and construction for review and approval by the Community Development Director prior to the issuance of building permits. Garbage Collection and Outdoor Storage Facilties: Trash containers of a size and quantity necessary to serve new or modified building areas shall be located in areas approved by the Fire Department. Unless otherwise noted, enclosures, shall consist of a concrete floor surrounded by a solid wall or fence and have self-closing doors of a size specified by the Fire Department. All enclosures to be constructed at grade level and have a level area adjacent to the trash enclosure area to service these containers and to be architecturally compatible with the building walls. Outdoor storage facilities are prohibited unless authorized by the City in an architecturally designed enclosure. Mechanical Equipment: All roof-mounted and ground level mechanical equipment on new or remodeled structures on site, which are visible from the public right of way, shall be screened with similar building materials subject to the approval of the Community Development Director. Disabled Accessibility: All new and remodeled buildings shall provide disabled access in accordance with the Uniform Building Code (UBC), and the Uniform Federal Accessibility Standards (UFAS) and the Federal Americans with Disabilities Act (ADA). Phasing Plan: Applicant to submit a phasing and parking management plan for review and approval of the Community Development Director prior to the issuance of building or site development permits. The phasing and parking management plan shall ensure availability of project parking and access for existing uses. 14. C,C & R's: Prior to recordation of the parcel map, applicant to prepare Covenants, Conditions and Restrictions in association with the map providing for mutual access, and parking and utility easements and ensuring maintenance of landscaping, parking areas and common trash collection facilities. C , C & R's to be reviewed and approved by the Community Development Director. FIRE DEPARTMENT REQUIREMENTS 15. Developmental Review: Review of this proposal is limited to site access and water supply as they pertain to fire department operations and shall not be construed as a substitute for formal plan review to determine compliance with adopted model codes or building standards. Prior to performing any work, the applicant shall apply to the Building CONDITIONS OF AI-cROVAL FOR FILE NO. PLN2000-2~/PLN2000-26 Page 4 Department for appropriate construction permits. 16. UBC Compliance: At time of Building permit application, the applicant shall show compliance with the Uniform Building Code relative to any occupancy or area separation and exiting requirements. 17. Fire Sprinklers: The existing building's fire sprinkler system(s) shall be updated as necessary to accommodate any new proposed designs. Each system, if so modified, shall have plans submitted to this department for review and approval prior to any such modification occurring. 18. Hydrant/Fire Service Water Main System: As the proposed Tentative Map indicates that property lines will now intersect the existing on-site fire hydrant and building fire service water main system, identify to this department in writing and with any such plan revision as may be necessary, how ownership and maintenance of these facilities will be continued. BUILDING DIVISION REQUIREMENTS 19. Permits Required: A building permit application shall be required for the proposed changes in use (Industrial). The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 20. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. Plans shall be prepared to reflect all work associated with tenant improvement for the new proposed use. Code requirements for new use shall be identified and detailed in plans. 21. Size of Plans: The maximum size of construction plans submitted for building permits shall be 24 inches by 36 inches. 22. Special Inspections: When a special inspection is required by U.B.C. Section 1701, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the building permits, in accordance with U.B.C. Section 106.3.5. Please obtain City of Campbell Special Inspection forms from the Building Department. 23. Non-Point Source Pollution Control Program: The City of Campbell standard Santa Clara Valley Non-Point Source Pollution Control Program specification sheet shall be part of plan submittal. The specification sheet (size 24" x 36") is available at the Building Department. 24. Approvals Required: The project requires the following agency approval prior to issuance of the building permit: A. West Valley Sanitation District B. Santa Clara County Fire Department CONDITIONS OF AI-eROVAL FOR FILE NO. PLN2000-2~/PLN2000-26 Page 5 PUBLIC WORKS DEPARTMENT 25. Tentative Parcel Map: Prior to issuance of any grading or building permits for the site, the applicant shall submit a Tentative Parcel Map for review by the City. The current application processing fee is $2,257.50. 26. Parcel Map: Prior to issuance of any building permits for the site, the applicant shall submit a Parcel Map for recordation upon approval by the City. The current plan check fee is $1,125.00 plus $25 per parcel. 27. Preliminary Title Report: Prior to recordation of the Parcel Map, the applicant shall grant a Public Sidewalk Easement, as necessary, on private property along Dell Avenue and Hacienda Avenue frontages. 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. 28. Easements: Prior to recordation of the Parcel Map, the applicant shall cause Easements to be recorded for private utilities, private storm drains, reciprocal ingress/egress and other easements as necessary. 29. Monuments: Prior to recording Parcel Map, all Monuments shown on the record map shall be set. 30. Street Improvement: Prior to recordation of the Parcel Map, the applicant shall execute a street improvement agreement and shall cause plans for public street improvements to be prepared by a registered civil engineer, pay fees, post security and provide insurance necessary to obtain an encroachment permit for construction of the public improvements, as required by the City Engineer. The plans shall include the following: · Construction of an ADA complaint public sidewalk with pedestrian ramps, along the project frontage for Dell Avenue and Hacienda Avenue. · Removal of existing driveway approaches and construction of new ADA compliant approaches and sidewalks. · Construction of appropriate street trees, tree wells and irrigation system. · Reconstruction of on-site storm drain system to comply with the National Pollution Discharge Elimination System (NPDES) requirements. · Protection, relocation and reconstruction of all utilities, as necessary. · Construction of conforms to all public and private improvements. · Installation of street lights as required by the City Engineer. 31. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer cleanout(s) shall be installed on private property behind the public right-of-way line. 32. Utility Installation Plan: Prior to issuance of building permits for the site, the applicant shall submit a Utility Installation Coordination Plan and Schedule for approval by the City Engineer for installation of street improvements and/or abandonment of all utilities. Streets, which have been resurfaced within the previous 5 years, will require boring and jacking for all new utility installations. Applicant shall also prepare pavement restoration CONDITIONS OF Ak cROVAL FOR FILE NO. PLN2000-2o/PLN2000-26 Page 6 33. 34. 35. 36. plans for approval by the City Engineer prior to any utility installation or abandonment. Drainage System: Prior to occupancy clearance, the applicant shall refurbish, remodel and reconstruct the on-site drainage system, as necessary, to demonstrate that the facilities are functioning normally in accordance with the requirements of the City. Storm Drain Area Fee: Prior to recordation of the Parcel Map, the applicant shall pay any unpaid Storm Drain Area Fee, which is $2,500 per acre. Santa Clara Valley Water District (SCVWD): Prior to recordation of the Parcel Map, the applicant shall obtain clearance from the SCVWD. Storm Water Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permitting requirements and the California Storm Water Best Management Practices handbook prepared by the Storm Water Quality Task Force, Santa Clara Valley Water District and the City of Campbell Municipal Code regarding Storm Water Pollution Prevention. This includes filing of a Notice of Intent with the Regional Water Quality Control Board and preparation of a Storm Water Pollution Prevention Plan. CITY OF CAMPBELL, CALIFORNIA California Environmental Quality Act INITIAL STUDY Remodel of existing Business Park 308,000 square feet 7 one and two story buildings March 2000 Prepared By: Tim Haley, Associate Planner City of Campbell Community Development Department 70 North First Street Campbell CA, 95008 (408) 866-2140 This statement is prepared in compliance with the California Environmental Quality Act INITIAL STUDY ENVIRONMENTAL EVALUATION CHECKLIST I. BACKGROUND Name and Address of Project Proponent: Brock Grayson Ware & Malcomb Architects 5000 Executive Parkway, # 298 San Ramon, CA 94583 Name of Project: PLN2000-25 (Site and Architectural Approval); PLN2000-26 (Tentative Parcel Map) Remodel of existing business park with no expansion of buildings Project Address: 200 - 250 E. Hacienda Ave. 1315 - 1357 Dell Avenue Campbell, CA 95008 Project Description: The project consists of seven (7) existing industrial buildings on the 20 acre subject site. The project requires approval of a Site and Architectural Approval (PLN 2000-25) and a Tentative Parcel Map (PLN2000-26) to create four (4) lots on the project site and to accommodate research and development uses in the existing buildings. Environmental Setting: The subject property is located on the south side of E. Hacienda Avenue and is bounded by the Union Pacific right-of way on the west and Dell Avenue on the east. The site is currently developed with an industrial park that was remodeled in the early 1980's. The site is located within an CM(B- 80)S zoning district that permits industrial and research and development uses subject to a site and architectural permit. The site is surrounded by industrial uses to the north south and east and a railway right-of-way to the west. Date Checklist Completed: March 21, 2000 Prepared By: Tim Haley, Associate Planner II. ENVIRONMENTAL hOPACT EVALUATION Introduction: The following evaluation has been prepared to determine if the project may have a significant impact on the environment. For the purposes of this study, a significant impact shall mean a substantial or potentially substantial change in the physical environment. Evaluations: An "A" rating indicates that based upon the available information, the environmental coordinator has determined that there will be no impact on the environment. A "B" rating indicates that the impact will be insignificant. A "C" rating indicates that a specific change to the project (mitigation measures) could reduce the impact to a level of insignificance. A "D" rating indicates that the impact may or will be significant. Discussion: A description of the proposed mitigation measures and the factual data or evidence used to reach conclusions regarding impact significance is attached following the Determination in Section III. Earth. Evaluation of the impact of the project upon: (A) (B) (C) (D) No Impact Insignif. lnsignif. May If Be Mtigate Sgnf. 1. Earth stability or geologic substructure conditions X [] 2. Soil Conditions: (disruptions, displacements, compaction or X [--] [--] [--] overcrowding) 3. Topography or ground surface relief features X [--] 4. Unique geologic or physical features X [---] [] 5. Wind or water erosion of soils (on or off site) X ~] [--] [~] 6. Beach sands, siltation, deposition or erosion which may modify the channel X [--'] [~] [-"] of a river or stream or the bed of the ocean or the bay 7. Exposure of people or property to geologic hazards such as earthquakes, X [--] landslides, mudslides, ground failure, or similar hazards No geophysical impacts will occur as a result of this project. The site is not near any known earthquake fault and the project will be required to comply with all State Building Code Standards to reduce the potential for geophysical hazards. Initial Study Page 3 200-250 E. Hacienda Ave March 21, 2000 Be Air. Evaluation of the impact of the project upon: (A) (B) INo lnsigni£. Impact (c) (D) Insignif. May If Be Mtigate Sgnf. 1. The deterioration of ambient air quality X [--] [~ [--] 2. The creation of objectionable odors X [--] [--] 3. Air temperatures, moisture, movements, or micro-climates X [-'] The proposed project is the redevelopment of an existing project with no expansion of the existing buildings. Standard construction practices will be implemented to ensure that short-term dust and dirt impacts due to construction are minimized. Water. Evaluation of the impact of the project upon: (A) (B) (C) (D) No I lnsignif. Insignif. May Impact [ If Be Mitigate S gnif. 1. Currents or natural water courses X [--'] [-~ 2. Absorption rates, drainage patterns, or the rate and amount of surface water X [--] [~] runoff 3. Flood water courses or flows X [~] [] 4. Amount of surface water in any water body X [~] [~] 5. Discharges into surface waters, or alteration of surface water quality X [~ [~] [---] 6. Direction or rate of flow of ground water X [] [--] [---] 7. Ground water quantity (additions, withdrawals, interceptions of an aquifer?) X [~] 8. Amount of water otherwise available for public water supplies X 9. Exposure o f people or property to water related hazards (flooding) X [--] The project site retains the same percentage of landscaping as currently exist on the site. No change in the amount of storm water run-off from the site due to an increase in the impermeable coverage by the building and pavement is anticipated. A grading and drainage plan will be required by the applicant to indicate how drainage will be handled; mitigation measures will also be required, if deemed necessary by the City's Public Works Department Initial Study Page 4 200-250 E. Hacienda Ave March 21,2000 and Building Division. Therefore, the project is consistent witn the planned use of the site and the potential for flooding is not significant. De Plant-life and Wildlife. Evaluation of the impact of the project upon: (A) (B) (C) (D) No Impact Insignif. lnsignif. May If Be Mtgate Sgn f. 1. The diversity of species or number of any species of plants X ~-] 2. The number of any unique, rare or endangered species of plants X ~-] [--] [--'] 3. The normal replenishment of existing species X 4. Acreage of an agricultural crop X F-] [--] [-] 5. The diversity of species or numbers of species of animals X ~] [~ [~] 6. Numbers of any unique, rare or endangered species of animals X [~ [--] [--] 7. The normal migration or movement of animals X ~'] [--] 8. Deterioration to existing fish or wildlife habitat X ['-] [~ [-'-] The project site is currently developed with a business park. A landscaping plan will be required in conjunction with the project's development to ensure a similar level of landscaping. There are no endangered species or habitats of plant life and/or wildlife on or adjacent to this site. Noise. Evaluation of the impact of the project upon: (A) (B) (C) (D) No Impact Insignif. Insignif. May If Be Mtigate Sgnf. 1. Existing noise levels X [--] [--] ~] 2. Exposure of people to severe noise levels X ~] [~ [] The proposed project is a industrial development that will be consistent with uses within the surrounding neighborhood; therefore, the project is not anticipated to create any additional noise impacts within the neighborhood. Noise associated with construction of the project will be mitigated by the conditions of approval of the project, which will include limitations on days and times construction activities are permitted on site in compliance with the City of Campbell Municipal Code. Initial Study Page 5 200-250 E. Hacienda Ave March 21,2000 Natural Resources and Energy. Evaluation of the impact of the project upon: (A) (B) (C) (D) No I lnsignif. Insignif. May Impact [ If Be Mitigate S gn f. 1. Rate of use of any natural resource X [--] [--] [---] 2. Depletion of any nonrenewable natural resource X [--] 3. Use of substantial amounts of fuel or energy X [--] [~] 4. Demand upon existing sources of energy X The project is consistent with the General Plan and will neither conflict with adopted energy conservation plans, nor waste non-renewable resources. Ge Human Health Evaluation of the impact of the project upon: (A) (B) (C) (D) No [ Insignif. lnsignif. I May Impact ] If Be Mtgate Sgnf. 1. The creation of any physical or mental health hazards X [-~ [--1 [--1 2. Exposure of people to potential health hazards X [--] ~] [--] 3. Risk of explosion of, or release of hazardous substances X [--] [~ [--] The project is not anticipated to create any health or safety hazards. The proposed industrial development will be required to comply with the State Building Code Standards and requirements of the Santa Clara County Fire Department. H. Visual Impacts Evaluation of the impact of the project upon: (A) (B) (C) (D) No Impact lnsignif. Insignif. May If Be Mitigate Signif. 1. Obstruction of any scenic vista or view open to the public X ~] [~ [] 2. Creation of an aesthetically offensive site open to public view X ['--] [--] [--] Initial Study Page 6 200-250 E. Hacienda Ave March 21,2000 3. Production of new light or glare No scenic vistas or views open to the public will be impacted by the development of this project. Historical Resources. Evaluation of the impact of the project upon: (A) (B) (C) (D) No Impact Insignif. lnsignif. May If Be I Mitigate Signif. 1' Significant arche°l°gical °r hist°rical sites' structures' °bjects °r I Xbuildings. [~] [--1 I[---] The project site is currently developed and there are no known archaeological and/or historical sites, structures, objects or buildings on the property. The existing building and the project site are not listed on the City's Historic Resources Inventory List. Land Use Evaluation of the impact of the project upon: (A) (B) (C) (D) No Impact lnsignif. Insignif. May If Be I Mitigate S gn f. 1. Present and/or planned land uses in the area X ~] [--I [--I 2. Population: The location, distribution, density or growth rate of the X [--] [--] [--] human population in the area 3. Housing: Existing housing or demand for additional housing X [--] [--] ["--] 4. Transportation: A) The generation of substantial additional vehicular 1--] X [~] [] movement B) Existing parking facilities, or demand for new parking C) Existing transportation systems X [--] [~ [--] D) Present patterns of circulation or movement of people and/or goods X E) Waterborne, rail or air traffic X [--] F) Traffic hazards to motor vehicles, bicyclists or pedestrians X [--] [~ [--] 5. Recreation: The quality or quantity of existing recreational X [~] opportunities Initial Study Page 7 200-250 E. Hacienda Ave March 21,2000 The proposed project will add an additional 200 parking spaces and no square footage of buildings is proposed. Minimal additional traffic will be added to the local streets that are consistent with the planned land uses in the area. The project site is similar to surrounding industrial uses. A future light rail station is planned for the intersection of Hacienda and Winchester Blvd. K. Is the project consistent with: Yes No 1. The General Plan X [--] 2. The Zoning Ordinance X 3. Congestion Management Program X [-~ 4. Other applicable land use controls X [--] The project site is currently zoned CM B-80 (Controlled Manufacturing) and the General Plan land use designation is Industrial. The proposed uses are consistent with the zoning and the General Plan. te Public Services and Utilities Evaluation of the impact of the project upon: (A) (B) (C) (D) Impact lnsignif. Insignif. May If Be Mitigate Signif. 1. Fire Protection Services X [~] [] 2. Police Protection Services X 3. Schools X [--] ~] [-~ 4. Parks or other recreational facilities X 5. Maintenance of public facilities, including roads X [--] [--] 6. Other governmental services X [] [-'] 7. Power or natural gas systems X [~] [~ [] 8. Communication systems X [~ [] [--] 9. Water systems X 10. Sewer or septic tanks X [--] [~] Initial Study Page 8 200-250 E. Hacienda Ave March 21,2000 11. Storm water drainage X ~] [] [--] 12. Solid waste and disposal X [--] [--] [~ The project will not require additional public services than already provided for the existing industrial neighborhood. The utilities for this project including water, power, storm drainage and sewer disposal will tie into existing service mains and will not require new or altered service systems. M. Mandatory Findings of Significance Yes No 1. Does the project have the potential to degrade the quality of the environment, [-'] X substantially reduce the habitat or a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? 2. Does the project have the potential to achieve short term goals to the [] X disadvantage of long term goals? 3. Does the project have impacts which are individually limited, but cumulatively ["-1 X considerable? (A project may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant.) 4. Does the project have environmental effects which will cause substantial adverse [--] X effects on human beings, either directly or indirectly? III. DETERMINATION AND RECOMMENDATION On the basis of this initial evaluation and the information available, the environmental coordinator has determined that: (Check one) X A) The proposed project could not have a significant effect on the environment. A Negative Declaration should be prepared. [~ B) Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measured described on the attached sheet(s) have been added to the project. A Negative Declaration should be prepared. [--1 C) The proposed project may have a significant effect on the environment. An Environmental Impact Report should be prepared. Initial Study Page 9 200-250 E. Hacienda Ave March 21,2000 Date: IV. SUPPLEMENTAL INFORMATION Reference Documents: 1. CEQA Guidelines, 1998 version 2. Project Plans for 200 -250 Hacienda Ave. and 1315 -1357 Dell Ave. 3. Campbell General Plan and Zoning Ordinance Initial Study 200-250 E. Hacienda Ave Page ! 0 March 21,2000 Ware & Maicomb w, Architects, Inc. AGENDA PROJECT: PROJECT NO.: Hacienda Business Park 994-040.00 DATE: REGARDING: PREPARED BY: February 23, 2000 Preliminary Planning Brock Grayson m Sm Tentative Parcel Map · Parcel Map will create 4 parcels. · 80,000 SF minimum parcel. · There will be no land-locked parcels. · Reciprocal access easements and parking easements will be created. Parking · Current site is parked at 3.28/1000. The proposed site will be parked at 4.00/1000 · Percentage of compact stalls is 40%. The compact stalls are primarily found at perimeter of site and on the backsides of the buildings. · Improved site circulation. Landscape · Landscape coverage to remain equal. The existing site has 113,896 SF, not including street frontage. The proposed site will have approximately 113,968 SF. · Perimeter landscape at Hacienda and Dell to remain. · New landscape will include the selection of material to match existing landscape, ie; Crape Myrtle, Ash, and Olive trees. · Introduce the Califomia Fan Palm, Purple Plum, and Fern Pine. · Additional landscape in the parking areas. Hardscape · Entry at Hacienda will incorporate enhanced paving. · Additional enhanced paving at intermediate points. · Building entries to have enhanced paving. · Public sidewalk to be constructed along Hacienda and Dell. avoiding existing trees. Sidewalk will be constructed Buildings · Exterior remodel of existing. Lath, plaster and paint. · New openings to create more Research and Development building space. · New entries to be created at Building G. · Reconfiguration of docks on east side of building G. 5000 Executive Pkwy, Suite 298, San Ramon, CA 94583 (925) 244-9620 Fax: (925) 244-9621 Irvine · San Ramon · Woodland Hills Hacienda Business Park Development Schedule Sitework: We will apply for a site work permit in June of 2000. After the permit is received work on the parking lot reconfiguration, skin rehabilitation, painting the project and landscape work will commence. The completion dates for each building are as follows: Building A: Reconfigure Parking Lot- 6/15/00 Skin Rehabilitation- 6/15/00 Painting - 7/6/00 Landscape - 7/13/00 Building B: Reconfigure Parking Lot - 7/13/00 Skin Rehabilitation - 6/29/00 Painting - 7/20/00 Landscape - 7/27/00 Building C: Reconfigure Parking Lot - 7/27/00 Skin Rehabilitation- 7/13/00 Painting - 8/3/00 Landscape - 8/10/00 Building D: Reconfigure Parking Lot- 8/10/00 Skin Rehabilitation - 7/27/00 Painting - 8/17/00 Landscape - 8/24/00 Building E: Reconfigure Parking Lot- 8/10/00 Skin Rehabilitation - 7/27/00 Painting - 8/17/00 Landscape - 8/24/00 Building F: Reconfigure Parking Lot - 8/24/00 Skin Rehabilitation - 8/10/00 Painting - 8/31/00 Landscape - 9/7/00 Building G: Reconfigure Parking Lot - 8/24/00 Skin Rehabilitation - 8/10/00 Painting - 8/31/00 Landscape - 9/7/00 Building Improvements: The building improvements (structural upgrades and new openings) will coincide with tenant lease expirations. The following is a list of tenant lease expirations, these dates are tentatively when the improvements are scheduled to begin on each building. Building A: November 2001 Building B: July of 2004 ... Building C: June of 2003 Building D: June of 2008 Building E: August 2004 and May 2005 Building F: October 2002 and April 2003 Building G: November 2001 and August 2000 .l. HOI~IM :~ il:: ! I I E] B BBBBBBA~Iii II I Illlll BBBBBSBSB~ !i11, iii !~llli ~il~:l~ I IIIJldllJlI tlllllll II!I i Architects, In¢ Z / n Z 0 Z z Project Location N ~ ' Legend I FLN 2000-25 & PLN 2000- 26 ...... l"=500'CityUm Site and Architectural Review Permit &Parcel Map Referred From: ~"Lr'/ ('o~~ Rec'd: ~,?/-~/~ Applicant: Owner: DEPARTMENT. ENVIRONMENTAL HEALTH LAN,.. riSE SURVEY_ Due:~-'//- ~¢'? File #: CJ.~!. Proposal: Phone #: Phone #: Existing e.v_~ no [] [] Wells: # active # inactive [] [].Septic Tanks (describe, permits) [] [] Structures (describe) Use Referrals Needed (describe under miscellaneous - indicate if referred and to whom) Hazardous Materials: []Yes [] No Vector Control: []Yes [] No Solid Waste: []Yes []No Sewage D~p~sal [] Not'Applicable . . Sewered: ~.E~Ves FiUo (If no, distance to sewer (miles): .) DIstrict Uan~~ Soil Profile Re~luired: ~Yes []No Date Completed: Depth (fee~,, ~)?._~,--~. PercTest: Required: []Yes []No Date Completed: Size Septic Tank Req'd (gal.):. Leachfield Requirement (lineal ft.): plus ([] plus 100% expansion in Lexington Drainage) Drainfield Slope: []0-10% [] 10-20% ~20-30% []30-50% []>50% [ Geotech. Report: [] Req'd. []Approved] Features Near Drainfield: lqCreeks [] Drainage Channels []Cut/Steep Banks [] Wells [] None Water Supply [] Not Applicable Public/Mutual Water System (name) .~/~,]¢~(-~ ~ ~, Shared (# connections) Private Supply: F1Well []Spring []Other (describe below) Distance to Public Supply (miles). Miscellaneous: I [] Add'l Info on Backt Rec=mmendation (~heck only one}: _.omplete/Approved with following conditions Add'l. Info on Back] [] Incomplete (provide following) [] Disapprove for following reasons Specialist: Date: Supervisor: Date: ~~/~lie~y~Trc~n~s~c~r;ation Authority April 10, 2000 City of Campbell Community Development Department 70 North First Street Campbell, CA 95008 Attention: Tim J. Haley, Associate Planner Subject: PLN 2000-25(S) and PLN 2000-26(PM) / 200-254 Hacienda Ave. and 115- 1357 Dell Ave. Dear Mr. Haley: Santa Clara Valley Transportation Authority (VTA) staff have reviewed the project referenced above for the creation of four new parcels on the referenced parcel; the remodeling of existing buildings (approximately 300,000+ square feet) to accommodate research and development; and parking density to increase from 3.28/1000 to 4.00/1000. We have the following comments. Pedestrian Access VTA maintains a northbound bus stop on Winchester Boulevard north of Hacienda Avenue. The proposed project is located south of the intersection. VTA recommends that the developer incorporate the following access improvements if not already existing or planned: Install well-lit sidewalks along Winchester Boulevard and Hacienda Avenue, as well as pedestrian paths connecting the buildings to the sidewalks for convenient access to the bus stop; and Install wheelchair curb ramps at the intersections of Winchester Boulevard/Hacienda Avenue and Dell Avenue/Hacienda Avenue to provide an accessible route for mobility-impaired pedestrians. Parking Density Additionally, VTA suggests that 4.00 auto parking spaces per 1000 square feet seems higher than average for research and development land uses, and may be unnecessary. VTA recommends that parking density remain at the current 3.28/1000 and, furthermore, that the City encourage the developer to provide EcoPass to all employees. 3331 North First Street · San Jose, CA 95134-1906 · Administration 408.321.5555 · Customer Service 408.321.2300 City of Campbell April 10, 2000 Page 2 Future Light Rail Service This development is located adjacent to the Union Pacific Railroad freight corridor. VTA will be constructing the Vasona Light Rail Project within this corridor, and the future Hacienda Station will be located in the southeast quadrant of the Winchester/Hacienda intersection. The developer should consider accommodating access to the station from the development, and creating a pleasant environment in the immediate station area. Features by the developer could include an increased landscape buffer along the track way, as well as including building frontage trea[ments that face Winchester. Bicycle and Parking Facilities VTA recommends that the sponsor of the project build bicycle parking facilities as well as auto parking facilities, and suggests reducing the amount of auto parking to be included with the project. VTA's Bicycle Technical Guidelines offer guidance on estimating supply, siting, and design for parking facilities, including both bicycle lockers for long-term parking and bicycle racks for short-term parking. For a copy of these guidelines, please contact Chester Fung of the Congestion Management Program at (408) 321-5725. We appreciate the opportunity to review this project. If you have any questions, please call David Dunlap of my staff at (408) 321-5821. Senior Environmental Analyst RM:DWD:kh CC: Derek Kantar, VTA Environmental Program Manager Chester Fung, VTA Planner Mark Robinson, VTA Vasona Corridor Project Manager c:/dev review/comment ltrs/Hacienda Business Park.doc Of'CA4 ~' À~ f.., ~ ... !'" U r-' '^ .- 1- <. ~. ,,' O"CH"'O. CITY OF CAMPBELL Community Development Department. Current Planning March 31, 2000 NOTICE OF PUBLIC HEARING Notice is hereby given that the Planning Commission of the City of Campbell has set the time of 7:30 p.m., or shortly thereafter, on Tuesday, April 11, 2000, in the City Hall Council Chambers, 70 North First Street, Campbell, California, for a Public Hearing to consider the application of Mr. Brock Grayson, on behalf of Legacy Partners, for approval of a Site and Architectural Application (PLN2000-25) to allow modifications to existing commercial buildings and approval of a Parcel Map Application (PLN2000-26) to create four parcels on property located at 200-254 Hacienda Avenue and 1315-1357 Dell Avenue in a CM/B-80 (Controlled Manufacturing) Zoning District. A Negative Declaration has been prepared for this project. Interested persons may appear and be heard at this hearing. Please be advised that if you challenge the nature of the above project in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this Notice, or in written correspondence delivered to the City of Campbell Planning Commission at, or prior to, the Public Hearing. Questions may be addressed to the Community Development Department at (408) 866-2140 Decisions of the Planning Commission may be appealed to the City Council. Appeals must be submitted to the City Clerk in writing within 10 calendar days of an action by the Commission. In compliance with the Americans with Disabilities Act, listening assistive devices are available for all meetings held in the Council Chambers. If you require accommodation, please contact the Community Development Department at (408) 866-2140, at least one week in advance of the meeting. PLANNING COMMISSION CITY OF CAMPBELL SHARON FIERRO SECRETARY PLEASE NOTE: When calling about this Notice, please refer to File No. PLN20OQ-25/PLN2000-26 Address: 200-254 Hacienda Avenue and 1315-1357 Dell Avenue 70 North First Street. Campbell, California 95008.1423 . TEL 408.866.2140 . FAX 408.866.8381 . TDD 408.866.2790 City of Campbell -- Community Development Department 70 N. First Street, Campbell, CA 95008 MEMORANDUM To: From: Subject: Site and Architectural Review Committee Tim Haley, Associate Planner 200-254 E. Hacienda Ave 1315- 1357 Dell Avenue Legacy Partners/Brock Grayson Date: March 28, 2000 Proposal: The applicant is requesting approval of a site and architectural approval and a tentative parcel map to allow the remodel of an existing business park on the comer of E. Hacienda and Dell Avenue. The project site is located within an existing industrial neighborhood bounded by the railroad right-of way to the west and industrial uses to the north, south and east. A future light rail station is proposed at the Hacienda and Winchester Blvd intersection. The project site is located in a C-M(B-80) Zoning District. The proposed use is permitted subject to approval ora site and architectural application and a tentative parcel map. The General Plan designation is Industrial.. The proposed hours of operation have not been provide. Major revision include the following: a) Reconfiguring parking area to provide parking at 1:250 b) Landscaping project to enhance entries and parking areas c) Remodeling building wall treatments d) Changing building uses to accommodate research and development uses Issues or concerns: Color scheme Street improvements Signing program Of'C'"'1I1 4,' þ~ !-. ('to .... !"" U t"'" -" "- $ "'"" '" "'. <c' °RCHA"'" CITY OF CAMPBELL Community Development Department. Current Planning March 28, 1998 Referral Agencies Subject: PLN 2000-25(S) PLN 2000-26(PM) 200-254 E. Hacienda Ave. 1315 - 1357 Dell Avenue APN: 424-33-64 Dear Referral: The Community Development Department has received the above referenced tentative parcel map to create four parcels on the referenced parcel. The application also proposes to remodel the existing buildings to accommodate a research and development use. Please forward any comments to the Community Development Department by April 11, 2000. If you should have any questions regarding this referral, please do not hesitate to contact the undersigned at (408) 866- 2144. Sincerely, ~.~ \Vr' Tim J. Hale~' Associate Planner enclosure: Tentative Parcel Map Distribution: Health Department United States Post Office Campbell Union School District PG&E Pac Bell Santa Clara Valley Water District San Jose Water Company West Valley Sanitation District Valley Transportation Agency 70 North First Street. Campbell, California 95008.1423 . TEL 408.866.2140 . FAX 408.866.8381 . TDD 408.866.2790 SAN JOSE, CA 95118-3686 TELEPHONE (408) 265-2600 FACIMILE (408) 266-0271 www.scvwd.dst.ca.us AN EQUAL OPPORllJNITY EMPLOYER March 26, 2001 Mr. Scott Swenson Legacy Partners Commercial, Inc. 4000 East Third Avenue, Suite 600 Foster City, CA 94404-4810 C!':'v OF CAICiPBELL Dear Mr. Swenson: Subject: Road Improvements on Hacienda Avenue and Dell Avenue for Hacienda Business Park; PLN 2000-25 and PLN 2000-26 Santa Clara Valley Water District (District) staff reviewed the plans for the subject project, received on March 19, 2001. The project includes the removal, restoration, and conformation of asphalt concrete (AC) pavement for street, sidewalk, and curb on Hacienda and Dell Avenues. Per discussion in a meeting on March 19, 2001 at the District, you stated that Phase I of the subject project is for work on Hacienda Avenue and Phase II is for work on Dell Avenue. Phase I of the subject project at Hacienda Avenue is more than 50 feet from a District facility and District right of way. Therefore, in accordance with District Ordinance 83-2, a District permit is not required for Phase I. Phase II of the subject project at Dell Avenue crosses over and is adjacent to a District facility, Upper Page Distribution System, and District easement. Therefore, in accordance with District Ordinance 83-2, a permit is required for Phase II. The following are comments regarding the plans. Please label the District's Upper Page Distribution System on Sheet 4 of 5 of the Dell Avenue plan. Provide profile plan (to scale) of the existing 36-inch by 54-inch corrugated metal pipe arch (CMPA) containing the Upper Page Distribution System to the proposed subject work at station 9+16. A minimum 1-foot clearance from the top of the CMPA and the proposed work must be maintained. o Provide profile plan (to scale) of the existing 47-inch by 71-inch CMPA containing the Upper Page Distribution System to the proposed subject work between stations 10+83 to 11+10. A minimum l-foot clearance from the top of the CMPA and the proposed work must be maintained. The new concrete curb and AC between stations 10+83 to 11+10 must be designed for H-20 loading. Please submit a letter and (2) copies of revised plans for the subject project addressing the above comments for review and approval prior to work. The mission oF the Santa Clara Valley Water Distrlct is a hea thy, safe and enhanced quaJibr of living in Santa Clara County thrcugh the comprehensive management of water resources in a practical, cost-effective and environmentally sensitive manner. .Mr. Scott Swenson 2 March 26, 2001 If you have any comments or questions, please call me at (408) 265-2607, extension 2273. Please reference District File No. 13184 on any future correspondence regarding this project. Sincerely, '~Sunshine G. Ventura tAssistant Engineer Community Projects Review Unit cc: ._ Ci_ty of Campbel! Community Development Department 80 North First Street Campbell, CA 95008 Mr. Steven Haver Legacy Partners Commercial, Inc. 4000 E. Third Avenue, Suite 600 Foster City, CA 94404-4810 .Of'C.4~ ¡..~~,ò~~ ... t" U ~ . . "" ... 1- Á" ~. ,,' O~CHA"'" CITY OF CAMPBELL Community Development Department. Current Planning March 20, 2000 Re: PLN 2000-25/PLN2oo0-26 - 200-254 Haciendal1315-1357 Dell Avenue Dear Applicant: Please be advised that the above-referenced application has been scheduled for the following meetings: Site and Architectural Review Committee Meeting Date: Tuesday, March 28, 2000 Time: 6:30 p.m. Location: Doetsch Conference Room, City Hall, 70 N. First Street, Campbell Planning Commission Meeting Date: Tuesday, April 11, 2000 Time: 7:30 p.m. Location: City Hall Council Chambers, 70 N. First Street, Campbell Should you have any questions or comments, please do not hesitate to contact me at (408) 866- 2140. Sincerely, ~Jj~ Tim J. Haley Associate Planner cc: Brock Grayson (Applicant) 5000 Executive Parkway, #298 San Ramon, CA 94583 Legacy - RECP II Hacienda OPCO LLC (Property Owners) 4000 E. Third A venue, #600 Foster City, CA 94404 70 North First Street. Campbell, California 95008.1423 . TEL 408.866.2140 . FAX 408.866.8381 . TOO 408.866.2790 all Ware & Maicomb ,, Architects, Inc. PROJECT: Hacienda Business Park PROJECT NO.: 994-040.00 DATE: REGARDING: PREPARED BY: AGENDA February 23, 2000 Preliminary Planning Brock Grayson m o e Tentative Parcel Map · Parcel Map will create 4 parcels. 80,000 SF minimum parcel. · There will be no land-locked parcels. · Reciprocal access easements and parking easements will be created. Parking · Current site is parked at 3.28/1000. The proposed site will be parked at 4.00/1000 · Percentage of compact stalls is 40%. The compact stalls are primarily found at perimeter of site and on the backsides of the buildings. · Improved site circulation. Landscape · Landscape coverage to rernain equal. The existing site has 113,896 SF, not including street frontage. The proposed site will have approximately 113,968 SF. · Perimeter landscape at Hacienda and Dell to remain. · New landscape will include the selection of material to match existing landscape, ie; C'rape Myrtle, Ash, and Olive trees. · Introduce the California Fan Palm, Purple Plum, and Fem Pine. · Additional landscape in the parking areas. Hardscape · Entry at Hacienda will incorporate enhanced paving. · Additional enhanced paving at intermediate points. · Building entries to have enhanced paving. · Public sidewalk to be constructed along Hacienda and Dell. avoiding existing trees. Sidewalk will. be constructed Buildings · Exterior remodel of existing. Lath, plaster and paint. · New openings to create more Research and Development building space. · New entries to be created at Building G. · Reconfiguration of docks on east side of building G. 5000 Executive Pkwy, Suite 298, San Ramon, CA 94583 (925) 244-9620 Fax: (925) 244-9621 Irvine · San Ramon · Woodland Hills Hacienda Business Park Development Schedule Sitework: Wc will apply for a site work permit in Sunc of 2000. After thc permit is received work on thc parking lot reconfiguration, skin rehabilitation, painting the project and landscape work will commence. Thc completion dates for each building arc as follows: Building A: Building B: Building C: Building D: Building E: Building F: Building G: Reconfigure Parking Lot- 6/15/00 Skin Rehabilitation - 6/15/00 Painting - 7/6/00 Landscape - 7/13/00 Reconfigure Parking Lot - 7/13/00 Skin Rehabilitation - 6/29/00 Painting - 7/20/00 Landscape - 7/27/00 Reconfigure Parking Lot - 7/27/00 Skin Rehabilitation - 7/13/00 Painting - 8/3/00 Landscape - 8/10/00 Reconfigure Parking Lot- 8/10/00 Skin Rehabilitation - 7/27/00 Painting- 8/17/00 Landscape - 8/24/00 Reconfigure Parking Lot- 8/10/00 Skin Rehabilitation - 7/27/00 Painting- 8/17/00 Landscape - 8/24/00 Reconfigure Parking Lot - 8/24/00 Skin Rehabilitation - 8/10/00 Painting - 8/31/00 Landscape - 9/7/00 Reconfigure Parking Lot - 8/24/00 Skin Rehabilitation - 8/10/00 Painting - 8/31/00 Landscape - 9/7/00 Building Improvements: The building improvements (structural upgrades and new openings) will coincide with tenant lease expirations. The following is a list of tenant lease expirations, these dates are tentatively when the improvements are scheduled to begin on each building. Building A: November 2001 Building B: July of 2004 Building C: June of 2003 Building D: June of 2008 Building E: August 2004 and May 2005 Building F: October 2002 and April 2003 Building G: November 2001 and August 2000 II1 II1 II1 LEGACY PARTNERS Property Management Marketing Services Corporate Services Acquisitions & Development Design Services Construction fqanagement Financial Services i ECEIV D IUILDIi IG March 27, 2000 Tim Haley City of Campbell Planning Department 70 North First Street Campbell, CA 95008 Dear Tim: Thank you for allowing us to submit Construction Documents to the Building Department prior to the approval of PLN 2000-25/PLN 2000-26-200-254 Hacienda. We understand and agree that any changes required by the Site and Architectural Review Committee or Planning Commission will be made to the current set of Construction Drawings prior to approval of the permitted set. Please feel free to contact me if you have any other concerns regarding this issue. Sincerel/y2/j Tom$odry ( Development Manager Legacy Partners · 4000 E. Third Avenue, Suite 600, Foster City, California 94404-4810 T. 650 571 2200 F. 650 571 2262 www, legacyptncom . CA % ORCH i~0 Development Application File No. Planning Department 70 North First Street, Campbell, California 95008 (408) 866-2140 ZONING: d~-' PROPERTY ADDRESS: TYPE OF APPLICATION(S): DATE FILED: .~--' /-'O~ GENERAL PLAN: ,, ,,- 13 I$'-13 fi'2 / I TELEPHONE: PROPERTY OWNER: ~.~q~-4~"F--//2 /.,/ ~/7/~c;~,'rd 0~57C~'('-~. ,~' ~' ~' ADDRESS: ,~'~g>O~ ~--_t~.~d j~,'~ ,,~,,rt~,,,~d'o,~ TELEPHONE: CITY/STATE: /~ ~&t- diZZy . ~--/,~ ZIP: ,~,~'fi'~o~t' · / / Attach a separate sheet listing the names and addresses of others you wish to receive copies of staff repons and . agendas. AFFIDAVIT/SIGNATURE(S): The undersigned person(s), having an interest in the above-described property, hereby make this application in accordance with the provisions of the Campbell Municipal Code; and, hereby certify that the int~f~rnatio~ven herein is tree and correct to the best of my/our knowledge and belief. NOTE: StaApp~ -Sign~rff'i~-r~2ir~ite Law to notify a;;ltiTants of ~e~°:cm~pl~12eefi So(/fS2~ee;~rlplicafions wi~72e30 days. Only those applications which are found complete will be placed on the Planning Commission Agenda. OFFICE USE ONLY PC Meeting: PC Action: CC Meeting: CC Action: Fee Paid: Receipt No: Completeness Letter Sent: 300 Foot Notices Mailed: Press Notice Published: Notice of Prep/Public Review: Notice of Determination: Rvsd. 03/30/98 · O,~CH ~0 ' Attachment C West Valley Sanitation District 4 Acknowledgment NOTICE TO APPLICANTS REGARDING EFFECT OF WASTE WATER TREATMENT CAPACITY ON LAND DEVELOPMENT APPROVALS PURSUANT TO DEVELOPMENT OF APN: Please take notice that no vested right to a building permit shall accrue as the result of the granting of any land development approvals and applications. Pursuant to the adoption of Ordinance 9.045 by West Valley Sanitation District 4, the agency providing the above described parcel(s.) with sewer service, if the District's Manager and Engineer makes a determination that the issuance of a sewer connection permit to a building, or proposed building, on the above described property, will, in his opinion, cause the District to exceed its ability to treat adequately the waste water that would result from the issuance of such connection permit, then said permit may not be issued, and, hence, no building permit may be issued by this agency. If the sewer connection permit is issued, it may contain substantive conditions designed to decrease the waste water associated with any land use approval. ACKNOWLEDGEMENT By signing below, the applicant acknowledges, at the time of application, that he/she fully understands the above. Ad~d~sed Development~.~ '"~- ~ A~ature Date Distribution Original to: West Valley Sanitation, District No. 4 100 East Sunnyoaks Avenue Campbell, CA 95008 Copies to: File Applicant Rvsd. 03/30/98 ,4 ttachment D Contribution Disclosure Form Page 2 TO BE FILLED OUT BY APPLICANT I. [~(] IF CONTRIBUTIONS TOTALING $250 HAVE NOT BEEN MADE, CHECK HERE, AND SIGN BELOW IN SECTION III. II. TO BE COMPLETED ONLY IF CONTRIBUTIONS TOTALING $250 OR MORE HAVE BEEN MADE. NAME: ADDRESS: ZIP: TELEPHONE NO: LIST COMMISSION MEMBER(S) TO WHOM YOU AND/OR YOUR AGENT MADE CAMPAIGN CONTRIBUTIONS TOTALING $250 OR MORE, AND THE DATES OF THOSE CONTRIBUTIONS. NAME: CONTRIBUTOR: (if other than yourself) DATE (S): AMOUNT (s): NAME: CONTRIBUTOR: DATE (S): AMOUNT (S): (if other than yourself) (if other than yourself) NAME: CONTRIBUTOR: DATE (S): AMOUNT (S): III. SIGNATURE Sig~ent Rvsd. 03/30/98 Attachment E ~; Hazardous Waste & Substance Sites Disclosure Form O,~CH A~9 This form must be completed by development applicants per the provisions of Government Code Section 65962.5. As part of the development application process, you must complete this disclosure form, certifying that you have reviewed the current CAL-EPA Department of Toxic Substances Control Facility Inventory Data Base Hazardous Waste and Substances Sites List (available at the Planning Department, City of Campbell) and indicate below whether your project site is included on this list. Project Site Address: Proposed Project: 0 Yes, the above-referenced site is included on the CAL-EPA Department of Toxic Substances Control Facility Inventory Data Base Hazardous Waste and Substances Sites List. (~~o, the above-referenced'site is not included on the CAL-EPA Substances Departme. nt of. Toxic Control Facility Inve ,~ata Base Hazardous Waste and Substances S~tes L~st. Applicant Signature ~_-~__~ ~ Date ~-'"~ '"'~ Please provide this com~/~t~.~ama4~the City of Campbell, Planning Department, 70 N..First Street, Campbell, CA 95008, together with the application for development. Rvsd. 06/10/98 O/~CH FILE NO. Site & Architectural Review Permit Supplemental Application PURPOSE The Site and Architectural Review Area is intended to promote orderly development; to enhance the character, stability, and integrity of neighborhoods and zoning districts; to secure the general purpose of the City's Zoning Ordinance and General Plan, and to assure high quality architectural design and optimum site design through the architectural review process. PROCESS Pre-Application Review: It is recommended that the applicant make an appointment with a planner prior to submitting an application to discuss the preliminary design of the project. This will help the applicant determine if the proposal is consistent with existing review standards and ordinance requirements. Filin~ of Application: The completed application must be filed with the Planning Department along with the appropriate fee and all required data. The staff planner who is on duty will give the application and data a cursory review for completeness. The application cannot be accepted if the submittal is incomplete. After the project has been assigned to a planner, it will be reviewed in more detail for completeness. A letter stating if the application is-complete or if additional information is required will be sent to the applicant within 30 days after receipt of the application. Environmental Review: Nearly all Site and Architectural Review requests are required to have an environmental assessment to determine if it will be necessary to prepare an Environmental Impact Report or a Negative Declaration. Traffic safety, congestion, and site circulation; Landscaping; and Building and site layout. Staff Review: The Planning Staff will evaluate the request by conducting an investigation of the site and considenng the proposal in relation to adjoining structures. Staff will prepare a written report for the Planning Commission which will analyze the development proposal and provide staff recommendations. A copy of this report will be sent to the applicant. Site and Architectural Review Committee (SARC): Prior to the Planning Commission meeting your application will be reviewed by SARC. The Committee reviews the application for site layout and building'design and then forwards a recommendation to the Planning Commission. Public Notice: At least 10 days prior to the public hearing, property owners within 300 feet of the subject property will be notified by mail of the hearing. In addition, a notice of the public hearing will be published in the Campbell Express. Planning Commission Meeting: The Planning Commission is required to review and approve detailed site, building, and landscape plans. Staff will present an oral report and recommendation for the proposed project. This presentation will be followed by testimony from the applicant and then by any interested persons who may wish to comment on the application. The Planning Commission may then close the public hearing and make a decision approving or conditionally approving the request, denying the request, or postponing the decision to a later date. Unless an appeal is filed, the Planning Commission's decision is final. Application Review: The Planning Staff, the Site and City Council: Site and Architectural Review applications are Architectural Review Committee, and the Planning not required to go before the City Council, unless the Planning Commission will consider the following in the review of Site Commission's decision is appealed within ten calendar days. and Architectural Review applications: Project Summary INFORMATION TO BE FILLED OUT BY APPLICANT Zoning: L~ ~" (~ 0 General Plan Designation: Proposed Use: /~ I~ Existing Use: 0¢~,'C,¢.. Gross Floor Area: 30'~,~ 7~ Floor Area Ratio: ~ ~ Z No. ofStories: /~ NetLotS2e: /K,~ ~5 Pavement Coverage: Lot Coverage: ~ 0 ~ ~ Landscape Coverage: //~, ~6 ~ Pavement Coverage: Su~ounding Uses: No~: ~~e~;-} / Sou~: ~o~~?~ We,t: Rvsd. 03/30/98 Site & Architectural Review Supplemental Application Page 2 ENVIRONMENTAL INFORMATION Are the following items applicable to the project or its effects? Yes No '"'"'~12. 13. Change in existing features of any lakes, hills, or substantial alteration of ground contours. Change in scenic views or vistas from existing residential areas or public lands or roads. Change in pattern, scale or character of the general area surrounding the project. Significant amounts of solid waste or litter. Change in dust, ash, smoke, fumes or odors in vicinity. Change in lake, stream or ground water quality or quantity, or alteration of existing drainage patterns. Substantial change in existing noise or vibration levels in the vicinity. Proposed development is on a filled site or on a slope of 10 percent or more. Use of and/or disposal of potentially hazardous materials, such as toxic substances, flammables or explosives. Substantial change in the demand for municipal services (police, fire, water, etc.). Substantial increase in the demand for fossil fuel consumption (electricity, oil, natural gas, etc.). Relationship to larger project or series of projects. Additional traffic generation or parking demand. Discuss below all of the above items checked yes. (Atta~:h additional sheets as n~essary) 14. Describe the project site as it exists, include information on topography, soil stability, 'plants and animals, and any cultural, historical or scenic ~pects. Describe any existing structures on the site. ! 15. Describe surrounding properties, including information on plants and animals, and any cultural, historical or scenic aspects. Indicate the intensity of land use and the scale of development (height, frontage, setbacks, etc.) Rvsd. 03/30/98