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CC Ordinance 2083 ORDINANCE NO. 2083 BEING AN ORDINANCE OF THE CITY COUNCIL THE CITY OF CAMPBELL APPROVING A PLANNED DEVELOPMENT PERMIT (PLN2006-67) TO ALLOW THE CONSTRUCTION OF 15 NEW SMALL LOT SINGLE-FAMILY RESIDENCES ON PROPERTY OWNED BY MR. NICK GERA LOCATED AT 154 & 160 S. FIRST STREET IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. NICK GERA. FILE NO: PLN2006-67. 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 City Council did find as follows with respect to application PLN2005-155: SECTION ONE: That this Ordinance be adopted to approve a Planned Development Permit (PLN2006-67) to allow the construction of 15 new small lot single-family residences with the attached conditions of approval (attached Exhibit A). SECTION TWO: This Ordinance shall become effective thirty (30) days following its passage and adoption and shall be published, one time within fifteen (15) days upon passage and adoption in the Campbell Express, a newspaper of general circulation in the City of Campbell, County of Santa Clara. PASSED AND ADOPTED this 6th following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: day of February ,2007, by the COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: None J\. ~. ~k APPROVED: ~ \ ' Dan~IE. Furtado, Mayor ~~- Anne Bybee, City Clerk Kennedy, Hernandez, Low, Burr, Furtado None None Exhibit A - Conditions of Approval PLN2006-67 - 154 & 160 S. First Street - Planned Development Permit Page 1 THEREFORE, BE IT RESOLVED that the City Council approves a Planned Development Permit (PLN2006-67) allow the construction of 15 new small lot single- family residences on property owned by Mr. Nick Gera located at 154 & 160 S. First Street in a P-D (Planned Development) Zoning District. 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. 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 Planning Division: 1. Approved Proiect: Approval is granted to construct a 15-unit residential development on properties located at 154 & 160 S. First Street. The building design and site design shall substantially conform to the project exhibits listed below, except as may be modified by the conditions of approval herein: a. Project plans prepared by Daryl Fazekas, Architect, dated August 21, 2006, including a grading and drainage plan, site plan, floor plans, unit plans and building elevations consisting of 20 sheets. b. Color/material board submitted by Daryl Fazekas, Architect. c. Conceptual Site Plan/Landscape Plan prepared by Daryl Fazekas, Architect. d. Tentative Subdivision Map prepared by Mark Helton, Giuliani & Kull, Inc., dated July 31,2006. 2. Further Considerations: That the Community Development Director further consider the following: a. The Inclusion of rolled curbs. b. Analysis to consider the installation of stop signs at the development (four-way stop) and Rincon and on northbound and southbound First Street. c. The installation of a pedestrian crossing be evaluated at Rincon and First Street. 3. Modifications to Proiect Plans: a. Reduce the number of columns at the entry to one for posting the ranges of addresses; and b. Constructed the acoustical wall along the Light Rail side at a height of 10 feet. Exhibit A - Conditions of Approval PLN2006-67 - 154 & 160 S. First Street - Planned Development Permit Page 2 4. Permit Expiration: The Planned Development Permit is valid for a period of two years from the date of final City Council approval. A building permit must be obtained within this two year period or the Planned Development Permit shall be void. 5. Tentative Subdivision Map: The Planned Development Permit approval is contingent upon recordation of the Final Subdivision Map to divide the subject property. The Final Subdivision Map shall be recorded prior to the issuance of building permits. 6. Covenants. Codes and Restrictions: The applicant shall submit a draft copy of the Covenants, Conditions and Restrictions (CC&R's) to the Planning Division for approval by the Community Development Director and City Attorney, prior to the recordation of the Final Subdivision Map, which provide for: a. Formation of a Homeowner's Association to ensure the long-term maintenance of shared driveway(s), front yard landscaping and fencing. b. Continued architectural controls to ensure the architectural integrity of the project. c. Definition of common landscape areas and sound wall to be maintained and provision of maintenance for these areas. d. A funding mechanism to ensure maintenance and upkeep of common landscape areas and shared access facilities. e. On-going maintenance of the front yard and common landscape areas for the project. f. Requirement for the availability of garage space for the parking of vehicles at all times. g. A prohibition on the use of parking spaces for storage purposes, including boats, trailers, and recreational vehicles. 7. Landscape Plan: The applicant shall submit four sets of a final landscape and irrigation plan to the Planning Division, prior to the issuance of building permits, for review and approval by the Community Development Director. The landscape and irrigation plan shall substantially conform with the approved conceptual landscape plan and the City's Water Efficient Landscaping Standards (WELS) and shall include the following changes: a. All new trees shall be twenty-four inch box sizes. b. Screening type of trees shall be installed in private yard areas to buffer adjacent residential uses. Exhibit A - Conditions of Approval PLN2006-67 - 154 & 160 S. First Street - Planned Development Permit Page 3 c. Climbing vines shall be installed on both sides of the sound wall with a minimum spacing of 15 feet on center. d. The applicant shall provide decorative pavement (e.g. pavers or stamped concrete) within common driveway areas. The design, materials and color to be used for the decorative pavement shall be reviewed and approved by the Community Development Director. 8. BuildinQ Elevations. Details and Colors: The applicant shall submit detailed building elevations and exhibits depicting architectural details. Detailed elevations and exhibits shall be reviewed by and approved by the Community Development Director prior to the issuance of building permits. Project details include, but are not limited to, the following: a. Specifications for the colors and materials of the building and architectural details. b. Window schedules for high quality windows and window treatments. c. Provision for upgraded sound attenuation windows consistent with a minimum Sound Transmission Class (STC) rating of 30 for all second floor living spaces within 100 ft. of the railroad property line and with direct or side view to the railroad consistent with the recommendations of the acoustical analysis. d. Details of porches and garage doors. 9. Parkino and Drivewavs: All parking and driveway areas shall be developed in compliance with Chapter 21.28 of the Campbell Municipal Code and the approved project plans. 10. Fences and Walls: Any newly proposed fencing and/or walls shall comply with Section 21.18.050 of the Campbell Municipal Code and the approved site plan and shall be reviewed and approved by the Community Development Director prior to issuance of any building permits for the project. The fencing and wall plan shall include the following: a. Details of the 10 foot high sound wall shall incorporate planting wells for climbing vines, locations, and construct types consistent with the acoustical analysis prepared by Edward Pack & Associates, Inc. dated July 26, 2006; b. Details of wood fencing through the development; and c. Detail of the entry pillars at the common driveway. (Note: This approval does not include a sign approval. Any proposed sign(s) require separate review and approval. ) Exhibit A - Conditions of Approval PLN2006-67 - 154 & 160 S. First Street - Planned Development Permit Page 4 11. Property Maintenance: The property is to be maintained free of any combustible trash, debris and weeds until the time that actual construction commences. All unoccupied existing structures shall be secured by having windows boarded up and doors sealed shut, or be demolished or removed from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code). 12. Utilitv Boxes and Back-Flow Preventers: The applicant shall submit a plan prior to issuance of building permits of PG&E transformers and San Jose Water Company back-flow preventers, indicating the location of the facilities and screening (if the facilities are above ground) for approval by the Community Development Director. A utility plan shall be submitted for review and approval of the Community Development Director, prior to the issuance of Building Permits. 13. Contractor Contact Information PostinQ: The project site shall be posted with the name and contact number of the lead contractor in a location visible from the public street prior to the issuance of grading or building permits. 14. Park Impact Fee: A park impact fee, based on a density range of six to thirteen units per gross acre, is due upon development of the site. Credit shall be given for any legally existing residential to be demolished. Prior to recordation of the Parcel Map, 75% of this fee is due. The remaining 25% is due prior to issuance of a certificate of building occupancy. 15. On-site liqhtinq: On-site lighting shall be shielded away from adjacent properties and directed on site. The design and type of lighting fixtures, placement and lighting intensity of any proposed exterior lighting for the project shall be reviewed and approved by the Community Development Director prior to issuance of any building permits for the project. Lighting fixtures shall be of a decorative design and shall be compatible with the development and shall incorporate energy saving features. Low- intensity, downward-directed lighting shall be used in all outdoor areas within the project site. 16. ArchaeoloQical Resources: If deposits of prehistoric or historical archaeological materials are encountered curing project construction activities, all work within 50 feet of the discovery shall be redirected and a qualified archaeologist shall be contacted to evaluate the discoveries and make recommendations regarding their potential significance and extent throughout the site. If such deposits cannot be avoided, they shall be evaluated for their California and National Register eligibility. If the deposits are not eligible, additional mitigation is not necessary. If the deposits are eligible, they shall be avoided or adverse project effects shall be mitigated. Upon completion of the archaeologist's evaluation, a report shall be prepared documenting the methods and results of the research, and recommendations for additional mitigation. The report should be submitted to the City of Campbell and the Northwest Information Center (NWIC) at Sonoma State University. (MM CUL T-1) Exhibit A - Conditions of Approval PLN2006-67 - 154 & 160 S. First Street - Planned Development Permit Page 5 17. Human Burial or Skeletal Element Discoverv: In the event a human burial or skeletal element is identified during excavation or construction, work in that location shall stop immediately until the find can be properly treated. The City and the Santa Clara County Coroner's office shall be notified. If deemed prehistoric, the Coroner's office would notify the Native American Heritage Commission who would identify a "Most Likely Descendant (MLD)." The archeological consultant and MLD, in conjunction with the project sponsor, shall formulate an appropriate treatment plan for the find, which might include, but not be limited to, respectful scientific recording and removal, being left in place, removal and reburial on site, or elsewhere. Associated grave goods are to be treated in the same manner. (MM CUL T-2) 18. Paleontolooical Resources: If paleontological resources are encountered during excavation or construction, construction personnel shall be instructed to immediately suspend all activity in the immediate vicinity of the suspected resources and the City and a licensed paleontologist shall be contacted to evaluate the situation. A licensed paleontologist shall be retained to inspect the discovery and make any necessary recommendations to evaluate the find under current CEQA guidelines prior to the submittal of a resource mitigation plan and monitoring program to the City for review and approval prior to the continuation of anyon-site construction activity. 19. Noise Mitioation/Proiect: The following specifications shall be followed: (MM NOISE- 1) a. Exterior noise levels above the City of Campbell Noise Element's limit of 60 dB DNL shall be mitigated with the construction of an 8 ft. high acoustically-effective barrier. This barrier shall extend along the property line contiguous with the railroad tracks along the south property line for a distance of 38 feet. Additionally, the barrier shall extend along the north property line to terminate at 100 feet from the railroad property line. b. Interior noise levels above the City of Campbell Noise Element's limit shall be mitigated through the installation of window c. Interior noise levels above the City of Campbell Noise Element's Limit shall be mitigated through the installation of window rated minimum Sound Transmissions Class (STC) 30. All second floor windows of living spaces within 100 ft. of the railroad property line and with a direct or side view of the railroad shall be closed at all times. Mechanical ventilation for these spaces shall be required. d. Ground-Borne Vibration levels shall be mitigated with a minimum of 1 ft. wide and 9 ft deep trench that is contiguous with the railroad property line. The trench shall be extended the entire length of the site and will turn along the south property line to terminate at 20 ft. from the east property line. Additionally, the trench will turn to continue along the north property line to terminate at 20 ft. from the east property line. The trench will be filled with "railroad ballast" gravel. No Exhibit A - Conditions of Approval PLN2006-67 - 154 & 160 S. First Street - Planned Development Permit Page 6 noise barrier footings shall be placed within the trench unless a minimum of a 1 ft. wide gravel filled trench surrounds the footing. The trench depth is in reference to the nearest building pad elevation. e. Where closed windows are required, unshielded, entry doors having a direct or side orientation toward the primary noise source must be 1-5/8" or 1-3/4" thick, insulated metal or solid-core wood construction with effective weather seals around the full perimeter. Mail slots should not be used in these doors or in the wall of a living space, as a significant noise leakage can occur through them. f. Where closed windows are required, any penetrations in the building shell are required for vents, piping, conduit, etc., sound leakage around these penetrations shall be controlled by sealing all cracks and clearance spaces with a non- hardening calking compound. g. Fireplaces shall be provided with tight-fitting dampers. 20. Noise Mitioation/Construction: General construction noise shall be limited to between the hours of 8:00 a.m. and 5:00 p.m. on Monday through Friday and between the hours of 9:00 a.m. and 4:00 p.m. on Saturday. No construction on Sundays. (MM NOISE-2) 21. Construction Mitioation Measures: The following practices shall be followed during all phases of site preparation and construction activities: (MM AIR-1 & NOISE-2) a. Water or cover stockpiles of debris, soil, and other materials that can be blown by the wind. b. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard. c. Sweep daily (with water sweepers) all paved access roads, parking areas, and staging areas at the construction site. d. Enclose, cover, water twice daily, or apply (non-toxic) soil stabilizers to exposed stockpiles (dirt, sand, etc.). e. Install erosion control measures to prevent runoff from the project site. f. Truck routes to and from the construction site should be established and submitted to the City for review and approval prior to issuance of a building permit. These truck routes shall avoid access to the project site via residential streets where possible. g. All construction equipment with internal combustion engines used on the project site shall be properly muffled and maintained in good working condition. h. Unnecessary idling of internal combustion engines shall be strictly prohibited. Exhibit A - Conditions of Approval PLN2006-67 - 154 & 160 S. First Street - Planned Development Permit Page 7 I. All stationary noise-generating construction equipment, such as air compressors and portable power generators, shall be located as far as possible from noise- sensitive receptors such as existing residences and businesses. j. Prior to the issuance of building permits, the project site shall be posted with the name and contact number of the lead contractor in a location visible from the public street so that the contractor can be made aware of noise complaints. k. Construction equipment, vehicles, and workers associated with the development of the project shall not be permitted to park on any residential streets. I. The "Basic Measures" and the "Enhanced Measures" listed in Table 1 from BAAQMD CEQA Guidelines, 1999, shall be incorporated into the construction plans and implemented for the proposed project. The "Optional Measures" listed below shall also be incorporated. The City shall review the construction plans to ensure these measures have been incorporated: I. Install wheel washers for all existing trucks, or wash off all trucks and equipment prior to leaving the site; II. Suspend excavation and grading activity when winds exceed 25 miles per hour; and iii. Limit the area subject to excavation, grading and other construction activity to 2 acres at anyone time. Buildina Division: 22. Permits Required: A building permit application shall be required for each proposed new dwelling structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 23. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 24. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 inches by 36 inches. 25. Plan Preparation: This project requires plans prepared under the direction and oversight of a California licensed Engineer or Architect. Plans submitted for building permits shall be "wet stamped" and signed by the qualifying professional person. 26. Soils Report: Two copies of a current soils report, prepared to the satisfaction of the Building Official, containing foundation and retaining wall design recommendations shall be submitted with the building permit application. This report shall be prepared by a licensed engineer specializing in soils mechanics. (MM GEO-1) Exhibit A - Conditions of Approval PLN2006-67 - 154 & 160 S. First Street - Planned Development Permit Page 8 27.Site Plan: Application for building permit shall include a competent site plan that identifies property and proposed structures with dimensions and elevations as appropriate. Site plan shall also include site drainage details. 28. Foundation Inspections: A pad certificate prepared by a licensed civil engineer or land surveyor shall be submitted to the project building inspector upon foundation inspection. This certificate shall certify compliance with the recommendations as specified in the soils report and the building pad elevation and on-site retaining wall locations and elevations are prepared according to approved plans. Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered civil engineer for the following items: a. Pad elevation b. Finish floor elevation (first floor) c. Foundation corner locations 29. Title 24 Enerov Compliance: California Title 24 Energy Compliance forms CF-1 R and MF-1 R shall be blue lined on the construction plans. 8 ~ x 11 calculations shall also be submitted. 30. Special Inspections: When a special inspection is required by UBC 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 UBC Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 31. Santa Clara Vallev Non-Point Source Pollution Control Prooram: 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 inches by 36 inches) is available at the Building Division service counter. 32.Approvals Required: The project requires the following agency approval prior to issuance of the building permit: a. West Valley Sanitation District (378-2407) b. Santa Clara County Fire Department (378-4010) c. School District:* i. Campbell Union School District (378-3405) ii. Campbell Union High School District (371-0960) iii. Moreland School District (379-1370) iv. Cambrian School District (377-2103) Exhibit A - Conditions of Approval PLN2006-67 - 154 & 160 S. First Street - Planned Development Permit Page 9 *Note: To determine your district, contact the offices identified above. Obtain the school District payment form from the City Building Division, after the Division has approved the building permit application. d. Bay Area Air Quality Management District (Demolitions only) (415-771-6000) 33. PG&E: Applicant is advised to contact Pacific Gas & Electric Company as early as possible in the approval process. Service installations, changes and/or relocation may require substantial scheduling time and can cause significant delays in the approval process. Applicant should also consult with PG&E concerning utility easements, distribution pole locations and required conductor clearances. 34. Construction Fencinq: This project shall be properly enclosed with construction fencing to prevent unauthorized access to the site during construction. The construction site shall be secured to prevent vandalism and/or theft during hours when no work is being done. All protected trees shall be fenced to prevent damage to root systems as per condition NO.5 of this approval. FIRE DEPARTMENT 35. Required Fire Flow: The fire flow for this project is 1000 gpm at 20 psi residual pressure. 36. Fire Apparatus (Enqine) Access Roads Required: Provide access roadways with a paved all weather surface, a minimum unobstructed width of 20 feet, vertical clearance of 13 feet 6 inches, minimum circulating turning radius of 36 feet outside and 23 feet inside. Installations shall conform to Fire Department Standard Details and Specifications Sheet A-1. 37. Fire Apparatus (Enqine) Roadway Turnaround Required: Provide an approved fire engine roadway turnaround with a minimum radius of 36 feet outside and 23 feet inside. Installation shall conform to Fire department Standard Details and specifications sheet A-1 . 38. Fire Lane Markinq Required: Provide marking for all roadways within the project. Markings shall be per Fire Department specifications. Installations shall also conform to Local Government Standards and Fire Department Standard Details and Specifications Sheet A-6. Applicant must post Fire Lane, tow away zone signs with the California Vehicle Code section posted (22500.1) on the signs and curbs per Standard specification A-6, and the California Vehicle Code. Exhibit A - Conditions of Approval PLN2006-67 - 154 & 160 S. First Street - Planned Development Permit Page 10 39. Private On-Site Fire Hydrant(s) Required: Installation of private fire service mains and/or fire hydrants per NFPA Std. #24, at locations to be determined by the Fire Department. Maximum hydrant spacing shall be 250 feet, with a minimum acceptable flow of 1500 GPM at 20 psi residual pressure. Prior to desiqn, the proiect civil enQineer shall meet with the fire department water supply officer to ioint spot the required fire hydrant locations. 40. Timinq of required Water Supplv Installations: Installations of required fire service(s) and fire hydrant(s) shall be tested and accepted by the Fire Department, prior to the start of framing or delivery of bulk combustible materials. Building permit issuance may be with held until required installations are completed, tested and accepted. 41. Fire Hydrant Location Identifier: Prior to project final inspection, the general contractor shall ensure that an approved ("Blue Dot") fire hydrant location identifier has been placed in the roadway, as directed by the fire department. 42. Timinq of Required Roadwav Installations: Required access roads, up through first lift of asphalt, shall be installed and accepted by the Fire Department prior to the start of combustible construction. During construction, emergency access roads shall be maintained clear and unimpeded. Note that building permit issuance will be withheld until installations are completed. Temporary access roads may be approved on a case by case basis. 43. Premises Identification: Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their background. PUBLIC WORKS 44. Final Map: Prior to issuance of any grading or building permits for the project, the applicant shall submit a final map for review by the City and recordation, upon approval by the City Council, pay various fees/deposits and submit the map in a digital format acceptable to the City. 45. Preliminary Title Report: Upon submittal of the final map, the applicant shall provide the Public Works Department with a current (within the past 6 months) Preliminary Title Report. 46. Riqht-of-Wav for Public Street Purposes: Upon recordation of the final map, the applicant shall fully complete the process to cause additional right-of-way to be granted in fee for public street purposes along the S. First Street frontage to accommodate 10 feet of right-of-way from curb face to back of walk. The applicant shall submit the necessary documents for approval by the City Engineer, process the submittal with City staff's comments and fully complete the right-of-way process. Exhibit A - Conditions of Approval PLN2006-67 - 154 & 160 S. First Street - Planned Development Permit Page 11 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. 47. Public Service Easement: Upon recordation of the final map, the applicant shall grant a 5 foot public service easement on private property along the S. First Street frontage. Further, the applicant shall grant a 15 foot public service easement on private property along the northerly property line adjacent to the City parking structure. 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. 48. Private Easements: Upon recordation of the final map, the applicant shall cause private easements to be recorded for private utilities, private storm drains, reciprocal ingress and egress, emergency vehicles, etc. 49. Monumentation for Final Map: Prior to recordation of the final map, the applicant shall provide a cash deposit for setting all monuments shown on the map. Monuments shall be set per section 20.76.010 of the Campbell Municipal Code. 50. Street Improvements: Prior to recordation of the final map, the applicant shall execute a street improvement agreement, cause plans for public street improvements to be prepared by a registered civil engineer, pay various fees and deposits, post security and provide insurance necessary to obtain an encroachment permit for construction of the standard public street improvements, as required by the City Engineer. The plans shall include the following: a. Show location of all existing utilities within the new and existing public right of way. b. Relocation of all existing utilities including utility boxes, covers, poles, etc. outside of sidewalk area. No utility boxes, covers, etc. will be allowed in the sidewalk area. c. Removal of existing driveway approaches, sidewalk, curb and gutter. d. Installation of City approved street trees at 20 feet on center, including sod and irrigation. e. Installation of City standard curb, gutter, sidewalk and ADA compliant driveway approach. f. Installation of asphalt concrete overlay per street pavement restoration plan for utility installation and/or abandonment, as required by the City Engineer. g. Installation of streetlights, conduits, conductors and related facilities in accordance with the City of Campbell's Street Lighting Policies. h. Installation of traffic control, stripes and signs. i. Construction of conforms to existing public and private improvements, as necessary. Exhibit A - Conditions of Approval PLN2006-67 - 154 & 160 S. First Street - Planned Development Permit Page 12 51.Additional Street Improvements: Should any new utility main lines or other work required to service the development affect any public improvements, the City may add conditions to the development/project, at the discretion of the City Engineer, to restore pavement or other public improvements to the satisfaction of the City. 52.0ccupancv: Prior to allowing occupancy for any and/or all buildings, the applicant shall have the required street improvements installed and accepted by the City, and the design engineer shall submit as-built drawings to the City. 53. Maintenance of Landscapinq: Owner(s), current and future, are required to maintain the landscaped park strip and tree wells in the public right of way. This includes, but is not limited to: trees, lawn, plantings, irrigation, etc. Trees shall not be pruned in a manner that would not allow the tree to grow to a mature height. 54. Utilitv Encroachment Permit: Separate permits for the installation of utilities to serve the development will be required (including water, sewer, gas, electric, etc.). Applicant shall apply for and pay all necessary fees for utility permits for sanitary sewer, gas, water, electric and all other utility work. 55. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer c1eanout(s) shall be relocated or installed on private property behind the public right-of-way line. 56. Soils Report: Prior to issuance of any grading or building permits for the site, applicant shall provide a soils report prepared by a registered geotechnical or civil engineer. 57. Utilities: All on-site utilities shall be installed underground per Section 21.18.140 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. 58. In-Lieu Utilitv Underqroundinq Fee: Owner/developer shall enter into an agreement with the City that would require payment of an in-lieu utility undergrounding fee, should the City establish such a fee within the next 7 years. 59. Utilitv Coordination Plan: Prior to issuance of building permits for the site, the applicant shall submit a utility coordination plan and schedule for approval by the City Engineer for installation and/or abandonment of all utilities. The plan shall clearly show the location and size of all existing utilities and the associated main lines; indicate which utilities and services are to remain; which utilities and services are to be abandoned, and where new utilities and services will be installed. Joint trenches for new utilities shall be used whenever possible. Exhibit A - Conditions of Approval PLN2006-67 - 154 & 160 S. First Street - Planned Development Permit Page 13 60. Pavement Restoration: Based on the utility coordination plan, the applicant shall prepare a pavement restoration plan for approval by the City Engineer prior to any utility installation or abandonment. Streets that have been reconstructed or overlaid within the previous five years will require boring and jacking for all new utility installations. S. First Street has not been reconstructed or overlaid in the last 5 years. The pavement restoration plan shall indicate how the street pavement shall be restored following the installation or abandonment of all utilities necessary for the project. 61. Gradinq and Drainaqe Plan: Prior to issuance of any grading or building permits for the site, the applicant shall conduct hydrology studies based on a ten-year storm frequency, prepare an engineered grading and drainage plan, and pay fees required to obtain necessary grading permits. The plans shall comply with the 1998 edition of the California Building Code including Chapters 10, 11, 18, 33, and Appendix Chapter 33. 62. Storm Drain Area Fee: Prior to recordation of the final map, the applicant shall pay the required Storm Drain Area fee, currently set at $2,385 per net acre. 63. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and the Campbell Municipal Code regarding stormwater pollution prevention. Specifically the project must include source control, site design and treatment measures to achieve compliance with Provision C.3. of the NPDES Permit. Measures may include, but are not limited to, minimization of impervious surface area, vegetated swales, infiltration areas, and treatment devices. The primary objectives are to improve the quality and reduce the quantity of stormwater runoff to the bay. Resources to achieve these objectives include Stormwater Best Management Practices Handbook for New Development and Redevelopment ("CA BMP Handbook") by the California Stormwater Quality Association (CASQA), 2003; Start at the Source: A Design Guidance Manual for Storm water Quality Protection ("Start at the Source") by the Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and Using Site Design Techniques to Meet Development Standards for Stormwater Quality: A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. a. Upon submission of the tentative parcel map, the applicant shall calculate and submit to the City the amount of impervious surface created by the development including the types of stormwater controls to be used. b. Prior to issuance of grading or building permits the applicant's designer or engineer shall submit the required certification indicating that sizing, selection, Exhibit A - Conditions of Approval PLN2006-67 - 154 & 160 S. First Street - Planned Development Permit Page 14 and design of treatment BMP's for the project site has been completed to meet the requirements of the City of Campbell's NPDES permit, No. 01-119, Provision C.3. c. The applicant shall also comply with any other or new conditions as required by the City of Campbell's most current NPDES permit. Prior to occupancy, a qualified BMP certifier is required to inspect the stormwater management facilities, submit a complete set of as-built drawings to Public Works Engineering, and certify on these drawings that: a. The stormwater management facilities were constructed in compliance with the approved plans. b. The as-built drawings show all pertinent constructed dimensions, elevations, shapes, and materials; c. All variations in construction from the approved design plan have been identified, including omissions to and additions from the approved plan; and d. Any changes are in conformance with local, state, or federal regulations. Prior to occupancy, the applicant shall provide security for the operation and maintenance of stormwater pollution prevention measures installed or provided as a part of this project. Prior to recordation of the final map the applicant shall sign the "Covenants for the Operation and Maintenance of Stormwater Facilities" and submit a Stormwater Management Plan. 64. State General Construction Activitv Permit: Prior to issuance of any grading or building permits, the applicant shall comply with the State General Construction Activity Permit requirements including paying fees, filing a Notice of Intent and providing a Storm Water Pollution Prevention Plan (SWPPP). The applicant shall provide the City with a copy of the filed Notice of Intent and SWPPP. 65. Covenants. Conditions. and Restrictions: Provide copies of CC&Rs for review by the City prior to recordation of the final map and CC&Rs. 66. Demolition: Prior to recording the final map the applicant shall obtain a demolition permit and remove any nonconforming structures. 67. Vacation of Public Street and Easements: Prior to or concurrently with the recordation of the final map, the applicant shall fully complete the street vacation process. The applicant shall submit a vacation of excess right-of-way application for approval by the City Engineer, pay the current application processing fee, process the application with City staff's comments and fully complete the street vacation. 68. Traffic Mitiqation: The applicant shall provide the City with a deposit of $2,500 to cover the costs of all traffic surveys and engineering analyses related Exhibit A - Conditions of Approval PLN2006-67 - 154 & 160 S. First Street - Planned Development Permit Page 15 to stop warrant studies for the existing conditions and project conditions, and construction costs should the studies indicate a need for stop signs. REDEVELOPMENT AGENCY 69. Affordable Housinq Units: Prior to issuance of building permits, the applicant shall execute an Owner Participation Agreement with the Redevelopment Agency to provide for two below market rate housing units consistent with the Redevelopment Plan and Redevelopment Law. The Community Development Director shall review and approve the locations of the required affordable housing units prior to the City Council hearing for the Final Map.