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PD - Mixed Use - 2008 ~ . CA,,~ . 0 ~'1/.) i2.' ~ u ~ ... 1- <" "- '- ,,' ORCH~R'O CITY OF CAMPBELL Public Works Department September 7, 2006 Jeff Warmoth Campbell Avenue Associates 309 Second Street, Suite 3 Los Altos, CA 94022 Subject: 201 E. Campbell Avenue, Tract 9738 (PLN 2004-097, New Mixed Use Buidling)- Pedestrian Bridge Agreement and Tract Map Dear Mr. Warmoth: Please find attached the Pedestrian Bridge Agreement for your review and signature. This agreement allows for the installation and maintenance of the pedestrian bridge between the subject property and the City parking structure. The agreement is required to be signed prior to allowing final building permit sign off. As a follow up to the March 23, 2006 letter (see attachment) the map is still not finalized as the CC&R's for the development have not been completed. Please note that final building permit sign offwill not be allowed until: 1. CC&R's are completed. 2. Tract Map is recorded. 3. Street Improvements are completed and accepted by the City. . The City looks forward to working with you for the successful completion of the project. I can be reached at (408) 866-2166 if you have any questions. Sincerely, Ed Arango, P .E. Associate Engineer cc: Michelle Quinney, City Engineer Tim Haley, Project Planner Attachments: Pedestrian Bridge Agreement March 23, 2006 letter J:\LandDev\Letters\Campbell E 201 Itr2.doc 7() North First Street . Campbell, California 95008-1436 . HI 408-866.2150 . FAX 4083760958 . Tim 408.866.2790 ,or.' f: u .. '- C' ... ~ <" ORCHp..R'O CITY OF CAMPBELL Public Works Department March 23, 2006 Jeff Warmoth Campbell Avenue Associates 309 Second Street, Suite 3 Los Altos, CA 94022 Subject: 201 E. Campbell Avenue, Tract 9738 (PLN 2004-097, New Mixed Use Buidling)- Public Works Requirements Dear Mr. Warmoth: This letter serves to provide you with a status update of your project at the northwest corner of E. Campbell Avenue and N. Second Street. As of today the Planning Department has indicated that the CC&R's for the development have not been completed. Prior to map approval by City Council and subsequent map recordation, the CC&R' s have to be complete and approved by the Planning Department. Therefore the map has not yet been scheduled for City Council approval. As this matter has been in process for several months your attention is requested so that the map may be completed. The building is currently under construction and well underway to completion. The street improvements have not yet begun as the encroachment permit has not been issued. I anticipate that your contractor would prefer the building construction to be further along before any street work begins. Please note that building occupancy will not be allowed until all street improvements are completely constructed and accepted by the City. The City looks forward to working with you for the successful completion of the project. I can be reached at (408) 866-2166 if you have any questions. Sincerely, ~J Ed Arango, P .E. Associate Engineer cc: Tim Haley J:\LandDev\Letters\Campbell E 201.doc 70 North First Street . Campbell, California 95008-1436 . TEL 408-866.2150 . FAX 408.376.0958 . TDD 408.866.2790 Recording Requested by: ) ) City of Campbell ) ) When recorded mail to: ) ) City Clerk ) City of Campbell ) 70 North First Street ) Campbell, CA 95008 ) APN: 279-39-073 (Space above this line for Recorder's use only.) ADDRESS: 201 E. Campbell Avenue, Campbell, CA 95008 PEDESTRIAN BRIDGE LICENSE AGREEMENT WHEREAS, THE CITY OF CAMPBELL, a municipal corporation of the County of Santa Clara, State of California, (hereinafter referred to as "City"), owns the parking garage and real property commonly known as N. Second Street Parking Garage, 41 N. Second Street, and more particularly described as Parcel A as shown upon that certain Parcel Map, which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California on June 24, 2002 in Book 749 of Maps at pages 24 and 25 (the "City Property"); and WHEREAS, CAMPBELL AVENUE ASSOCIATES, LLC, a California Limited Liability Company (hereinafter referred to as "Owner"), owns adjacent real property commonly known 201 E. Campbell Avenue, and more particularly described as Parcel B as shown upon that certain Parcel Map, which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California on June 24, 2002 in Book 749 of Maps at pages 24 and 25 (hereinafter referred to as the "Owner Property"); and WHEREAS, Owner desires to construct and maintain a pedestrian bridge from the Owner Property to the second floor of the parking garage on the City Property, as is depicted in Exhibit A, which is attached hereto and made a part hereof; and WHEREAS, the obligations of this Pedestrian Bridge License Agreement shall bind and run with the Owner Property, and all references to Owner shall include the successors owners of the Owner Property including the homeowner's association (hereinafter referred to as "HOA") which will be formed to own, control, and manage the common area of the Owner Property. NOW, THEREFORE, the undersigned parties agree, represent, warrant and covenant as follows: 1. Owner may install a pedestrian bridge from the Owner Property to the top story of the parking garage located on the City Property, as generally depicted in Exhibit A. Prior to construction of the pedestrian bridge, Owner shall submit a detailed set of architectural and structural plans to the City's Building Division for review. The City, 1 in its sole discretion, may approve or deny the plans. The pedestrian bridge shall be constructed in accordance with the approved plans and the highest engineering and safety standards and in compliance with all applicable laws. Owner shall at all times maintain the pedestrian bridge, gate and other attachments in a safe and attractive manner, including any required yearly maintenance such as painting, graffiti removal, etc., or as required by the City. Prior to installation of, or any subsequent repairs to the pedestrian bridge, Owner must obtain an encroachment permit pursuant to Campbell Municipal Code Chapter 11.04, or such successor provisions as may be adopted by the City, and comply with all lawful conditions imposed on the permit, including but not limited to any and all requirements for insurance and indemnification. 2. The Owner, to the fullest extent permitted by law, shall indemnify, defend and hold the City of Campbell, the City of Campbell Redevelopment Agency, and its agents, employees, attorneys, officers, and officials harmless from any and all claims, actions, causes of action, liabilities, damages, losses and expenses, including, but not limited to, attorneys' fees, arising out of, or resulting from, or alleged to arise out of or result from any condition or use of the pedestrian bridge installed pursuant to section 1 of this Agreement, or any negligence or willful misconduct of Owner, or of any contractor, or anyone directly or indirectly employed by Owner, or anyone for whose acts Owner may be liable in the course of performance of the obligations of this Agreement, not including any claims, actions, causes of action, liabilities, damages, losses and expenses proximately caused by the sole negligence or willful misconduct of the City. The Owner, to the fullest extent permitted by law shall indemnify, defend and hold the City of Campbell, the City of Campbell Redevelopment Agency, and its agents, attorneys, employees, officers, officials, and assignees harmless against and from any and all claims, actions, causes of action, liabilities, demands, losses, lawsuits, judgments, damages, costs and expenses (including, but not limited to, attorneys' fees and court costs, whether incurred at trial, appellate or administrative levels) which the City of Campbell may incur or suffer, or to which the City of Campbell may be subjected or resulting from, or alleged to result from the failure of Owner, its agents, employees, contractors, or anyone performing services under Owner, to fulfill any of the obligations imposed under this Agreement, not including any claims, actions, causes of action, liabilities, judgments, damages, costs and expenses proximately caused by the sole negligence or willful misconduct of the City. The provisions of this section are intended to set forth the full and complete allocation of liability between the parties, and Owner waives any and rights, whether in law or equity or otherwise to seek indemnity or contribution from City for any matters on which Owner would owe a duty of indemnity or defense to City under this section. The provisions of this section shall survive the termination of this Agreement. 3. Without limiting Owner's indemnification provided herein, Owner shall maintain insurance for injuries to persons or damage to property conforming to the following specifications: 2 A. Types of Coverage 1. During construction and thereafter until the expiration of all applicable statutes of limitations, Owner shall maintain the following types of coverages: a. Commercial General Liability insurance; b. Owners and Contractors Protective Liability Coverage; c. Course of Construction Insurance; d. Automobile Liability insurance; and e. Workers' Compensation and Employer Liability insurance; 2. At all times during the existence of the pedestrian bridge, and thereafter until the expiration of all applicable statutes of limitations: a. Commercial General Liability insurance; b. Automobile Liability insurance for any automobile used by Owner; and c. Workers' Compensation and Employer Liability insurance if Owner has employees; B. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office (ISO) CGL form CG 00 01 11 85 covering Commercial General Liability on an "occurrence" basis; and 2. ISO form GOOO9 11 88 Owners and Contractors Protective Liability Coverage Form - Coverage for Operations of Designated Contractor ; and 3. Course of Construction Insurance covering all risks of loss; and 4. ISO CA 00 01 0692 including symbol 1 (Any Auto); and . 5. Workers' Compensation insurance as required by the Labor Code of the State of California and Employer's Liability insurance. B. Minimum Limits of Insurance Owner shall maintain limits no less than: 1. General Liability: $1,000,000 combined single limit per occurrence for bodily, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required 3 occurrence limit; 2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage; 3. Workers' Compensation and Employer's Liability: Workers' Compensation limits as required by the Labor Code of the State of California and Employer's Liability limits of$l,OOO,OOO per accident. C. Deductible and Self-Insured Retention Any deductibles or self-insured retention must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City, the City of Campbell Redevelopment Agency, its agents, officers, attorneys, employees, officials and volunteers; or the Owner shall procure a bond guaranteeing payment of losses related to investigations, claim administration, and defense expenses. D. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverage: a. The City, City of Campbell Redevelopment Agency, its agents, officers, attorneys, employees, officials and volunteers are to be covered as insureds as respects: liability arising out of activities related to this Agreement performed by or on behalf of the Owner, products and completed operations of the Owner, and premises owned, occupied or used by the Owner. This coverage can be provided in the form of an endorsement to the Owner's insurance (at least as broad as ISO Form CG 20 10 11 85), or as a separate policy. b. The Owner's insurance coverage shall be primary insurance as respects the City, City of Campbell Redevelopment Agency, its agents, officers, attorneys, employees, officials and volunteers. Any insurance or self-insurance maintained by the City, City of Campbell Redevelopment Agency, its agents, officers, attorneys, employees, officials and volunteers shall be excess of the Owner's and insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, City of Campbell Redevelopment Agency, its agents, officers, attorneys, employees, officials, and volunteers. 4 d. The Owner's insurance shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability. e. Coverage shall not extend to any indemnity coverage for the active negligence of the City in any case where an agreement to indemnify the City would be invalid under Subdivision (b) of Section 2782 of the California Civil Code. 2. Workers' Compensation and Employer's Liability Coverage: The insurer shall agree to waive all rights of subrogation against the City, City of Campbell Redevelopment Agency, its agents, officers, attorneys, employees, officials, and volunteers for losses arising from work performed by the Owner for the City. 3. All Coverages: Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. E. Acceptability of Insurers Insurance is to be issued by an issuer with a current A.M. Best Rating of A:VII and be authorized to transact business in the State of California, unless otherwise approved by the City. F. Verification of Coverage Owner shall furnish the City with certificates of insurance evidencing coverage required by this clause. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates are to be on forms acceptable to the City. All certificates are to be received and approved by the City before work commences on construction of the pedestrian bridge. G. Contractors Owner shall include all contractors and subcontractors as insured under its policies or shall furnish separate certificates by each subcontractor. All coverage shall be subject to all of the requirements stated herein. 4. The terms, conditions and covenants of this Agreement shall run with the land, shall be considered to affect rights in the above described real properties, and shall be binding on the heirs, assignees, successors, grantees and agents of the Owner to the Owner Property. 5. In the event that a law suit is commenced by any party to this Agreement to enforce 5 its terms, the prevailing party shall be entitled to reasonable costs and attorneys fees incurred as a result of such action. 6. This is the entire agreement between the parties, and there is no representation, agreement, arrangement or understanding that is not fully expressed herein. Any and all amendments hereto shall be in writing executed by the parties hereto. This Maintenance Agreement can be executed in counterparts by the parties hereto, and as so executed shall consist of one agreement, binding on all parties. CAMPBELL AVENUE ASSOCIATES, LLC Dated: By Jeffery A. Warmoth Its Co-Managing Member CITY OF CAMPBELL Dated: By Jeanette Watson, Mayor (Notary Acknowledgment for above signator(ies) MUST be attached.) APPROVED AS TO FORM: William Seligmann City Attorney 6 O~CH p..i-f\) CITY OF CAMPBELL Public Works Department March 23, 2006 Jeff Wannoth Campbell A venue Associates 309 Second Street, Suite 3 Los Altos, CA 94022 Subject: 201 E. Campbell Avenue, Tract 9738 (PLN 2004-097, New Mixed Use Buidling)- Public Works Requirements Dear Mr. Warmoth: This letter serves to provide you with a status update of your project at the northwest comer of E. Campbell Avenue and N. Second Street. As of today the Planning Department has indicated that the CC&R's for the development have not been completed. Prior to map approval by City Council and subsequent map recordation, the CC&R's have to be complete and approved by the Planning Department. Therefore the map has not yet been scheduled for City Council approval. As this matter has been in process for several months your attention is requested so that the map may be completed. The building is currently under construction and well underway to completion. The street improvements have not yet begun as the encroachment permit has not been issued. I anticipate that your contractor would prefer the building construction to be further along before any street work begins. Please note that building occupancy will not be allowed until all street improvements are completely constructed and accepted by the City. The City looks forward to working with you for the successful completion of the project. I can be reached at (408) 866-2166 if you have any questions. Sincerely, ~y Ed Arango, P .E. Associate Engineer cc: Tim Haley J:\LandDev\l..etters\CampbelJ E 201.doc 70 North First Street . Campbell, California 95008-1436 . TEL 408-866.2150 . FAX 4083760958 . TJ)I) 408.866.2790 ---- .....~O~.C%"'<P t:: <;. u ... o 0 A >- 1-... ~ .O~CH"'''O.t. City of Campbell -- Community Development Department 70 N. First Street, Campbell, CA 95008 MEMORANDUM To: Ed Arango, Associate Engineer Tim J. Haley, Associate Plann~ Date: July 27, 2005 From: Subject: Final Map - 175-201 East Campbell Avenue Tract map, Grading and Drainage Plan In response to your request of July 13,2005, the Planning Division has the following comments regarding the recordation of a final map for the subject subdivision: Final Map: 1. Park Impact Fee: A park impact fee of$5,635 per unit is due upon development of the site. Based on the development of22 units, a total of$123,970 shall be paid to the City. Prior to recordation of the Final Subdivision Map, 75% of this fee is due. The remaining 25% is due prior to issuance of a certificate of building occupancy. 2. 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 buildings and property. b. Continued architectural controls to ensure the architectural integrity of the project. c. Definition of common areas to be maintained and provision of maintenance for these areas. d. Provision of a funding mechanism to ensure maintenance and upkeep of common areas and shared building walls and roofs to be repaired, repainted, and/or replaced as necessary. e. Provision to provide on-going maintenance of the required landscaping for the project. f. Provision for the availability of carport spaces for the residential parking of vehicles at all times. g. Provision to prohibit the use of parking spaces for storage purposes, including boats, trailers, and recreational vehicles. 3. Grading and Drainage Plan: The grading and drainage plan and generally acceptable. They need to clarify tree well locations and adjustments as well as the relocation of street lights. They should also have some protection details for retained street trees. o't . CAII1 . ~<Sl t: ~ _ t'" V .- ~--::- CAMPBELL .>- "- ,,' o . I?CHA~Q c: o CITY OF CAMPBELL Community Development Department July 14, 2005 Antony Joma, AlA Steinberg Architects 60 Pierce Avenue San Jose, CA 95110 Re: BLD 2005-564 - Downtown Mixed Use 175-201 East Campbell Avenue Dear Applicant: The Planning Division has reviewed the revised Building Permit plans received June 22, 2005 for the construction of a mixed use project on the referenced property. The Planning Division has reviewed the Building Division submittal based upon the City Council approval per Ordinance No. 2051 and the previous Plan Check letter of May 20,2005. Based upon this review the following items need to be satisfied prior to a clearance to Building Division for permits: The following conditions of approval have not been satisfied: 1. 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. The staff is recommending that a one lot parcel map be filed prior to the issues of a building permit and that subsequent maps be filed to create the subdivisions for the residential condominiums. 2. 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 buildings and property. b. Continued architectural controls to ensure the architectural integrity of the project. c. Definition of common areas to be maintained and provision of maintenance for these areas. d. Provision of a funding mechanism to ensure maintenance and upkeep of common areas and shared building walls and roofs to be repaired, repainted, and/or replaced as necessary . e. Provision to provide on-going maintenance of the required landscaping for the proj ect. 70 North First Street. Campbell, California 95008-1436 . TEL 408.866.2140 . FAX 408.871.5140 . TDD 408.866.2790 Plan Check BLD2005-56~ Page 2 f. Provision for the availability of carport spaces for the residential parking of vehicles at all times. g. Provision to prohibit the use of parking spaces for storage purposes, including boats, trailers, and recreational vehicles. A draft of the C, C & R 's needs to be submitted for staff review. 3. 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. Details of brick paving treatments along westerly pedestrian walkway and northern driveway shall be submitted for review and approval by the Community Development Director. b. All on-site landscaping and hardscaping shall be installed and maintained In accordance with the approved landscape plan. c. All trees shall be 24-inch box sized trees throughout the project. d. Landscaping of planting areas adjacent to garage shall include vertical plant materials. e. New street trees shall be added to provide a continuous tree planting along the street frontage as required by the Community Development Director. f. Landscape and paving maintenance shall be an on-going responsibility of the property owner(s) and shall include routine pruning of trees and shrubs, maintenance of the automatic irrigation system and the replacement of damaged or diseased plant materials, periodic steam cleaning of walkways and removal of graffiti within twenty- four hours. g. Details of containerized plantings along the westerly walkway. A conceptual landscape is provided; however, the landscape and/or irrigation plan was not included in the submittal. 4. Building 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. Details regarding the color and materials of the building and architectural details. Please provide color chips or specifications. A concern has been expressed that the tile material shown at the storefronts needs to be durable and indicated more clearly. Plan Check BLD2005-564 Page 3 5. Construction Staging Plan: Prior to the issuance of grading or building permits for the project, the applicant shall submit a site plan and narrative description indicating the location, length of time and details of construction staging. The construction staging plan shall be subject to review and approval by the Community Development Director and the Public Works Director. The submitting staging plan is incomplete. Please provide a more detailed plan indicating the following: a. Type, height, and location of construction fencing; b. Location and size of construction trailer; and c. Maintaining pedestrian access to the parking garage from downtown. 6. Architectural details: Provide details of pilasters between windows including fluted pattern and trim caps of the pilaster. If you should have any questions regarding the above items, please do not hesitate to contact me at (408) 866-2144. /f3~ Tim J. Ha1e~ Associate Planner cc: Frank Mills, Senior Building Inspector Ed Arango, Associate Engineer Kirk Heinrichs, Redevelopment Manager Jeff Warmoth, Campbell Avenue Associates, LLC, 309 Second Street. Suite 3, Los Altos, CA 94022 Sand Hill Property Company, 30 E. Fourth Avenue, San Mateo, CA 94401 o't . CAII1 . ~6> t ~ v .- CAMPBELL ~. /~ ." .>- '- ,,' ORCH i\ ",0 / CITY OF CAMPBELL "-.)~ ,\, . I . ! Community Development Department May 20, 2005 Steinberg Architects 60 Pierce Avenue San Jose, CA 95110 Re: BLD 2005-564 - Downtown Mixed Use 175-201 East Campbell Avenue Dear Applicant: The Planning Division has reviewed the Building Permit plans for the construction of a mixed use project on the referenced property. The Planning Division has reviewed the Building Division submittal based upon the City Council approval per Ordinance No. 2051. Based upon this review the following items need to be satisfied prior to a clearance to Building Division for permits: The following conditions of approval have not been satisfied: 1. 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. The staff is recommending that a one lot parcel map be filed prior to the issues of a building permit and that subsequent maps be filed to create the subdivisions for the residential condominiums. 2. 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 buildings and property. b. Continued architectural controls to ensure the architectural integrity of the project. c. Definition of common areas to be maintained and provision of maintenance for these areas. d. Provision of a funding mechanism to ensure maintenance and upkeep of common areas and shared building walls and roofs to be repaired, repainted, and/or replaced as necessary. e. Provision to provide on-going maintenance of the required landscaping for the project. 70 North First Street. Campbell, California 95008-1436 . TEL 408.866.2140 . FAX 408.871.5140 . TDD 408.866.2790 Plan Check BLD2005-564 Page 2 f. Provision for the availability of carport spaces for the residential parking of vehicles at all times. g. Provision to prohibit the use of parking spaces for storage purposes, including boats, trailers, and recreational vehicles. A draft of the C, C & R 's needs to be submitted for staff review. 3. 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. Details of brick paving treatments along westerly pedestrian walkway and northern driveway shall be submitted for review and approval by the Community Development Director. b. All on-site landscaping and hardscaping shall be installed and maintained In accordance with the approved landscape plan. c. All trees shall be 24-inch box sized trees throughout the project. d. Landscaping of planting areas adjacent to garage shall include vertical plant materials. e. New street trees shall be added to provide a continuous tree planting along the street frontage as required by the Community Development Director. f. Landscape and paving maintenance shall be an on-going responsibility of the property owner(s) and shall include routine pruning of trees and shrubs, maintenance of the automatic irrigation system and the replacement of damaged or diseased plant materials, periodic steam cleaning of walkways and removal of graffiti within twenty-four hours. g. Details of containerized plantings along the westerly walkway. A conceptual landscape is provided; however, the landscape and/or irrigation plan was not included in the submittal. 4. Building 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. Details regarding the color and materials of the building and architectural details. Please provide color chips or specifications. b. Window schedules for high quality windows and window treatments. Please provide details Plan Check BLD2005-564 Page 3 c. High quality materials throughout the project. d. Provision of awning details and attachments to the building. Details were not provided e. Provision of additional brick material along the Second Street frontage at the pedestrian residential window elements. 5. On-site lighting: On-site lighting shall be shielded away from adjacent properties and directed on site. The design and type of lighting fixtures 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 to be compatible with the development and shall incorporate energy saving features. Please provide details of tlxtures. 6. Construction Staging Plan: Prior to the issuance of grading or building permits for the project, the applicant shall submit a site plan and narrative description indicating the location, length of time and details of construction staging. The construction staging plan shall be subject to review and approval by the Community Development Director and the Public Works Director. No staging plan was submitted. 7. Construction Plans: The conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. The following items were noted regarding the completeness of the Plan Check submittal. Please note the plans are lacking numerous details of the building design such as balconies, awning, lighting, and finishes. Sheet A 4.04 No finish detail shown for metal awnings Sheet 4.02 No detail of canvas awning Sheet A 1.01 Pavers not defined for pedestrian court and key notes are not correct. Sheet A 1.01 Landscape not defined Sheet A 1.01 Keynotes are incorrect Sheet A 2.01 Trash enclosure gate material not called out. Sheet A 2.02 Storefront and Awnings and details are not provided. Sheet A 3.01 Provide details of pilasters between windows including fluted pattern and trim caps of the pilaster. Show detail of finishes at store fronts. Sheet A 3.02 (10) Show same window and balcony detail as on face of building. Sheet A 4.03 Details of awnings Plan Check BLD2005-564 Page 4 Sheet A 7.03 Reference storefront types on elevations. Sheet A 8.03 Show clay tile roof with cement color to match Sheet A 8.07 Show decorative grille panel at the terrace to match garage. Sheet A 8.01(17) Provide detail of brick veneer. Sheet C-7 Provide decorative paving in bulb-out at Second St. and Campbell Avenue. Identify pavement materials behind the public sidewalk and the building. Sheet C-9 Utilities- Illustrate fire sprinkler connections. If you should have any questions regarding the above items, please do not hesitate to contact me at (408) 866-2144. ~ I ..:-.~ \y Tim J. Haley Associate Planner cc: Frank Mills, Senior Building Inspector Geoff Bradley, Senior Planner Ed Arango, Associate Engineer Kirk Heinrichs, Redevelopment Manager Jeff Warmoth, Campbell Avenue Associates, LLC, 309 Second Street. Suite 3, Los Altos, CA 94022 Sand Hill Property Company, 30 E. Fourth Avenue, San Mateo, CA 94401 fitC o't . CAIl1 ,. "'<9 ;:::- ~ - r- U r CAMPBELL ... >- '). "- " <.> 0RCH~~O' CITY OF CAMPBELL Community Development Department \ . ~i December 8, 2004 Mr. Jeff Warmoth Campbell Avenue Associates, LLC 309 Second Street, Suite 3 Los Altos, CA 94022 Re: PLN 2004-95, 96, and 97 175-201 East Campbell Avenue Dear Mr. Warmoth: The City Council on December 7, 2004 took action to approve the Zone Change (PLN 2004-95) and Planned Development Permit (PLN 2004-97) and on November 16, 2004 approved Resolutions Nos. 10414 & 10415 approving a Negative Declaration and the Tentative Subdivision Map on the referenced property to allow the construction of a three-story mixed-use building on this site. Copies of the applicable ordinances and resolution are attached for your records. The Ordinances are effective 30 days past the date of adoption. Should you have any questions regarding these approvals, please contact me at (408) 866-2144 or via e-mail attimh@citvofcampbell.com. Sincerely ~ \ ~ ttw- Tim Haley Associate Planner encl: City Council Resolution Nos. 10414 and 10415 City Council Ordinance Nos. 2050 and 2051 Reduced Plans cc: Kirk Heinrichs, Redevelopment Manager Ed Arango, Associate Engineer Bill Bruckart, Building Official Ryan Rucker, Santa Clara County Fire Department 70 North First Street. Campbell, California 95008-1436 . TEL 408.866.2140 . FAX 408.871.5140 . TDIl 408.866.2790 MEMORANDUM From: Tim Haley ;;~community Development D puty City Clerk To: Date: cember 8, 2004 Subject: 175-201 E. Campbell Avenue At the regular meeting of December 7, 2004, the City Council gave final adoption to: 1. Ordinance 2050 approving a Zone Change (PLN 2004-95) from C-3-S (Central Business District) to C-PD (Condominium Planned Development) for property located at 175-201 E. Campbell Avenue; and 2. Ordinance 2051 approving a Planned Development Permit (PLN 2004-96) to allow the construction of a three-story mixed use building accommodating 11 ,240 square feet of retail space, 4,760 square feet of retail mezzanine, and 22 residential condominiums for property located at 175-201 E. Campbell Avenue. Please find a certified copy of the above Ordinances attached for your records. Also attached is a copy of the follow-up notification to the applicant, Campbell Avenue Associates, LLC. The Ordinance will be published in the Campbell Express dated December 15, 2004. .ol"CJ\A.t ... .b~ ~ (to ... r" U r" '" "- 'So", <-,'" 'O~CHA\l'O CITY OF CAMPBELL City Clerk's Office December 8, 2004 Mr. Jeff Warmoth Campbell Avenue Associates, LLC 309 Second Street, Suite 3 Los Altos, CA 94022 Dear Mr. Warmoth: At the regular meeting of December 7, 2004, the Campbell City Council gave second reading to the following Ordinances: 1. Ordinance 2050 approving a Zone Change (PLN 2004-95) from C-3-S (Central Business District) to C-PD (Condominium Planned Development) for property located at 175-201 E. Campbell Avenue; and 2. Ordinance 2051 approving a Planned Development Permit (pLN 2004-96) to allow the construction of a three-story mixed use building and accommodating 11,240 square feet of retail space, '4,760 square feet of retail mezzanine and 22 residential condominiums for property located at 175-201 E. Campbell Avenue. A certified copy of both Ordinances is enclosed for your records. Please note that the Ordinances will become effective thirty days from the date of second reading. Please do not hesitate to contact this office (866-2117) or Tim Haley, Associate Planner, should you have any questions in regard to the City Council's action. ~. ~ ~N\b /Jq. dJ G~ J.d e Bybee \r , City Clerk '- Enc. cc. Tim Haley, Community Development Department 70 North First Street. Campbell, California 95008.1423 . TEL 408.866.2117 . FAX 408.374.6889 . TDD 408.866.2790 ORDINANCE NO. 2050 BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A ZONING CLASSIFICATION CHANGE (PLN2004-95) FROM C-3-S (CENTRAL BUSINESS DISTRICT) TO C-PD (CONDOMINIUM/PLANNED DEVELOPMENT) ZONING DISTRICT ON PROPERTY OWNED BY THE CITY OF CAMPBELL REDEVELOPMENT AGENCY LOCATED AT 175-201 E. CAMPBELL AVENUE IN THE C-3-S (CENTRAL BUSINESS DISTRICT) ZONING DISTRICT. APPLICATION OF MR. JEFF WARMOTH, ON BEHALF OF CAMPBELL AVENUE ASSOCIATES, LLC. FILE NO.: PLN2004-95. The City Council of the City of Campbell does ordain as follows: SECTION ONE: That the Zoning Map of the City of Campbell is hereby changed and amended by adopting the attached Exhibit A, entitled Map of Said Property, as per the application of Mr. Jeff Warmoth for approval of a Zoning Classification Change (PLN2004-95) for property located at 175-201 E. Campbell Avenue from C-3-S (Central Business District) to C-PD (Condominium/Planned Development). SECTION TWO: This ordinance shall become effective thirty (30) days following its passage and adoption shall be published once 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, State of California. PASSED AND ADOPTED this 7th role call vote: day of December , 2004, by the following AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Furtado, Watson, Dean, Kennedy, Burr None None None APPROVE~~ C unald R. Burr, Mayor ATTEST: a~~ Anne Bybee, City Clerk -........mA,. .~ ttm"V."""""'" (lRIGlNll& ~- _aT cOPY Of' nus. :0 A~ Ut 'fli18 ol"nc~. _ . ~ BY;1$. CI'NC\.f!RK. ~ C,t<LlFOftNIA.. L\.ulL "-..) ORDINANCE NO. 2051 BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A PLANNED DEVELOPMENT PERMIT (PLN2004-96) TO ALLOW THE CONSTRUCTION OF A MIXED-USE BUILDING ACCOMMODATING 22 RESIDENTIAL CONDOMINIUMS, 11,240 SQUARE FEET OF RETAIL AND 4,760 SQUARE FEET OF RETAIL MEZZANINE SPACE ON PROPERTY OWNED BY THE CITY OF CAMPBELL REDEVELOPMENT AGENCY LOCATED AT 175-201 E. CAMPBELL AVENUE IN THE C-3-S (CENTRAL BUSINESS DISTRICT) ZONING DISTRICT. APPLICATION OF MR. JEFF WARMOTH, ON BEHALF OF CAMPBELL AVENUE ASSOCIATES. FILE NO.: PLN2004-96. 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 PLN2004-96: The City Council of the City of Campbell does ordain as follows: SECTION ONE: That this Ordinance be adopted to approve a Planned Development Permit (PLN2004-96) to allow the construction of a mixed use building accommodating 22 residential condominiums, 11,240 square feet of retail and 4,760 square feet of retail mezzanine space on property owned by the City of Campbell Redevelopment Agency located at 175-201 E Campbell Avenue, together with the attached Exhibit "A" (Conditions of Approval), Exhibit "B" (Project Plans) and Exhibit "C" (Map of Said Property). 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 7th day of December , 2004, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBER: COUNCILMEMBER: COUNCILMEMBER: COUNCILMEMBER: Furtado, Watson, Dean, Kennedy, Burr None None None APPROVIID ~ ......---~~~ Donald R. Burr, Mayor ATTEST: 12.~ Anne Bybee, City Clerk __ttlCN"f 19" ,... ~'O$G 'ft5~l'\""1_ (1IlIIGt- we COflJ'ECT ccP'I Of - ....... Of~ice. __ OR AL.E 'N t'.. ~ _- 1ti e'ffl.el!. ern' . ~ . CAJ,.IFORM'''' Gf~ ~ Attachment A - Conditions of Approval City Council Ordinance PLN2004-96- 175-201 E. Campbell Avenue - Planned Development Permit Page 1 NOW, THEREFORE, BE IT ORDAINED that the City Council approves a Planned Development Permit (PLN2004-96) to allow the construction of a mixed-use building accommodating 22 residential condominiums, 11,240 square feet of retail and 4,760 square feet of retail mezzanine space on property owned by the City of Campbell Redevelopment Agency located at 175-201 E. CAMPBELL AVENUE in the C-3-S (Central Business District) Zoning District. Where approval by the Director. of Community Development, City Engineer, Public Works Director, City Attorney or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations and accepted engineering practices for the item under review. 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 three story mixed use project of 22 residential condominium units, 11,240 of square feet retail, and 4,898 square feet of retail mezzanine for a project located at 175-201 East Campbell Avenue. 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 the Steinberg Group Architects and dated as received by the Planning Division on August 10,2004 and revised elevations received October 19, 2004, conceptual landscape plan, site plan, floor plans, unit plans and building elevations. b. Color schemes and roofing materials received October 19, 2004. c. Submitted/material board submitted by Steinberg Group Architects. d. Tentative Subdivision Map prepared by AP Consulting Engineers and dated as received by the Planning Division on August 18, 2004. 2. 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. 3. 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. Attachment A - Conditions of Approval City Council Ordinance PLN2004-96- 175-201 E. Campbell Avenue - Planned Development Permit Page 2 4. Park Impact Fee: A park impact fee of $5,635 per unit is due upon development of the site. Based on the development of22 units, a total of $123,970 shall be paid to the City. Prior to recordation of the Final Subdivision Map, 75% of this fee is due. The remaining 25% is due prior to issuance of a certificate of building occupancy. 5. 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 buildings and property. b. Continued architectural controls to ensure the architectural integrity of the project. c. Definition of common areas to be maintained and provision of maintenance for these areas. d. Provision of a funding mechanism to ensure maintenance and upkeep of common areas and shared building walls and roofs to be repaired, repainted, and/or replaced as necessary. e. Provision to provide on-going maintenance of the required landscaping for the project. f. Provision for the availability of carport spaces for the residential parking of vehicles at all times. g. Provision to prohibit the use of parking spaces for storage purposes, including boats, trailers, and recreational vehicles. 6. 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. Details of brick paving treatments along westerly pedestrian walkway and northern driveway shall be submitted for review and approval by the Community Development Director. b. All on-site landscaping and hardscaping shall be installed and maintained in accordance with the approved landscape plan. c. All trees shall be 24-inch box sized trees throughout the project. d. Landscaping of planting areas adjacent to garage shall include vertical plant materials. e. New street trees shall be added to provide a continuous tree planting along the street frontage as required by the Community Development Director. Attachment A - Conditions of Approval City Council Ordinance PLN2004-96- 175-201 E. Campbell Avenue - Planned Development Permit Page 3 f. Landscape and paving maintenance shall be an on-going responsibility of the property owner(s) and shall include routine pruning of trees and shrubs, maintenance of the automatic irrigation system and the replacement of damaged or diseased plant materials, periodic steam cleaning of walkways and removal of graffiti within twenty-four hours. g. Details of containerized plantings along the westerly walkway. 7. Building 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. Details regarding the color and materials of the building and architectural details. b. Window schedules for high quality windows and window treatments. c. High quality materials throughout the project. d. Provision of awning details and attachments to the building. e. Provision of additional brick material along the Second Street frontage at the pedestrian level of the building. f. Provision of architectural detailing at the top of the vertical offset elements between the residential window elements. 8. Parking and Driveways: All parking and driveway areas shall be developed in compliance with Chapter 21.28 of the Campbell Municipal Code and the approved project plans 9. Signage: No signage is approved as part of the development applications approved herein. No sign shall be installed until a Sign Permit is approved as specified in the Sign Ordinance. 10. Property Maintenance: The property is to be maintained free of any combustible trash, debris and weeds until the time that actual construction commences. (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code). 11. Utility Boxes and Back-Flow Preventers: The applicant shall submit a plan prior to installation 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. 12. On-site lighting: On-site lighting shall be shielded away from adjacent properties and directed on site. The design and type of lighting fixtures 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 to be compatible with the development and shall incorporate energy saving features. Attachment A - Conditions of Approval City Council Ordinance PLN2004-96- 175-201 E. Campbell Avenue - Planned Development Permit Page 4 13. Construction Mitigation Measures: The following practices should be followed during all phases of site preparation and construction activities: a. Construction activities shall be limited to weekdays between 8:00 a.m. and 5:00 p.m. and Saturdays between 9:00 a.m. and 4:00 p.m. No construction shall take place on Sundays or holidays unless an exception is granted by the Building Official. b. 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. c. All construction equipment with internal combustion engines used on the project site shall be properly muffled and maintained in good working condition. d. Unnecessary idling of internal combustion engines shall be strictly prohibited. e. 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. f. 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. g. Construction equipment, vehicles, and workers associated with the development of the project shall not be permitted to park on any residential streets. 14. Construction Staging Plan: Prior to the issuance of grading or building permits for the project, the applicant shall submit a site plan and narrative description indicating the location, length of time and details of construction staging. The construction staging plan shall be subject to review and approval by the Community Development Director and the Public Works Director. Building Division: 15. Permits Required: A building permit application shall be required for the proposed new commerciallResidential structure. The building permit shall include Electrical/PlumbinglMechanical fees when such work is part of the permit. 16. Construction Plans: The conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 17. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. 18. 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. Attachment A - Conditions ot" Approval City Council Ordinance PLN2004-96- 175-201 E. Campbell Avenue - Planned Development Permit Page 5 19. 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. Site address and parcel numbers shall also be clearly called out. Site parking and path of travel to public sidewalks shall be detailed. 20. Soils Reoort: 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. 21. 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 22. Title 24 Energy Compliance: California Title 24 Energy Standards Compliance forms shall be blue- lined on the construction plans. Compliance with the Standards shall be demonstrated for conditioning of the building envelope and lighting of the building. 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 D.B.C Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 24. Non-Point Source Measures: 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 Division service counter. 25. Title 24 Accessibilitv - Commercial: On site general path of travel shall comply with the latest California Title 24 Accessibility Standards. Work shall include but not be limited to accessibility to building entrances from parking facilities and sidewalks. 26. Title 24 Accessibility - Commercial: Projects seeking to use the Title 24 Hardship exemption clause shall blue-line completed, City of Campbell "20%" exemption form on submitted construction plans. Form is available at Building Division service counter. 27. Approvals Required: The project requires the following agency approval prior to issuance of the building permit: Attachment A - Conditions Of' Approval City Council Ordinance PLN2004-96- 175-201 E. Campbell Avenue - Planned Development Permit Page 6 a. West Valley Sanitation District b. Santa Clara County Fire Department c. School District: i) Campbell Union School District (378-3405) ii) Campbell Union High School District (371-0960) iii) Moreland School District (874-2900) iv) Cambrian School District (377-2103) d. Bay Area Air Quality Management District (Demolitions Only) e. Santa Clara County Department of Environmental Health 28. P.G.& E.: Applicant is advised to contact Pacific Gas and Electric Company as early as possible in the approval process. Service installations, changes and/or relocations may require substantial scheduling time and can cause significant delays in the approval process. Applicant should also consult with P.G. and E. concerning utility easements, distribution pole locations and required conductor clearances. 29. Archaeological & Paleontological Resources: If archaeological or 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 archeologist or paleontologist shall be contacted to evaluate the situation. A licensed archeologist or 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. 30. Human Burial or Skeletal Element Discovery: 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. 31. Short-term Air Oualitv Mitigation Measures: The following practices should be followed during all phases of site preparation and construction activities: a. Use dust-proof chutes for loading construction debris onto trucks. b. Water or cover stockpiles of debris, soil, and other materials that can be blown by the wind. c. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard. Attachment A - Conditions of Approval City Council Ordinance PLN2004-96- 175-201 E. Campbell Avenue - Planned Development Permit Page 7 d. Sweep daily (with water sweepers) all paved access roads, parking areas, and staging areas at the construction site. e. Sweep streets daily (with water sweepers) ifvisible soil material is carried onto adjacent public streets, as directed by the City Engineer. f. Enclose, cover, water twice daily or, or apply (non-toxic) soil stabilizers to exposed stockpiles (dirt, sand, etc.). g. Install erosion control measures to prevent runoff from the project site. PUBLIC WORKS DEPARTMENT 32. 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. The current plan check fee is $3,200.00 plus $35 per lot. 33. Condominium Plan: Prior to allowing occupancy for any and/or all buildings, the applicant shall submit a Condominium Plan for review by the City and recordation. 34. Preliminary Title R~ort: Upon submittal of the tentative map, the applicant shall provide a current Preliminary Title Report. 35. Private Easements: Prior to 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. 36. Monumentation for Final Map: Prior to recordation of the final map, the applicant shall provide security for setting all monuments shown on the map. 37. 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: CamDbell Avenue a. Removal of two (2) existing driveway approaches and necessary sidewalk, curb and gutter. b. Removal of existing curb ramp, related sidewalk, curb and gutter as necessary to accommodate bulb out at corner of Campbell Avenue and Second Street. c. Removal of the existing pavement structural section to centerline related to the bulb out, or as required by the City Engineer. d. Removal of parking spaces on Campbell Avenue per the Traffic Engineer in order to accommodate the new bulb out. Attachment A - Conditions of Approval City Council Ordinance PLN2004-96- 175-201 E. Campbell Avenue - Planned Development Permit Page 8 e. Installation of City standard curb, gutter, and sidewalk. f. Installation of pavement structural section to centerline related to the bulb out, or as required by the City Engineer. g. Installation of a City approved corner bulb out at the northwest corner of Campbell Avenue and Second Street. The corner bulb out shall have decorative concrete as required by the City. h. Installation of ADA compliant curb ramp at the northwest corner of Campbell Avenue and Second Street. 1. Removal of existing street trees and installation of City specified street trees, tree wells, decorative tree grates and irrigation at 30 feet on center, or as required by the City Engineer. J. Installation and relocation of traffic control signs, stripes, posts, and related facilities, as required by the City Engineer. k. Protection, relocation, and/or installation of underground utilities including traffic signal, traffic communication control box, signal interconnection conduits, street lighting conduits, PG&E, Pac Bell, AT&T and other facilities as appropriate. I. Show location of all utilities within the existing public right of way. m. Relocation of utility boxes, covers, poles, etc. outside of sidewalk area. No utility boxes, covers, etc. will be allowed in the sidewalk. n. Construction of conforms to existing public and private improvements, as necessary. Second Street a. Removal of one (1) existing driveway approach and necessary sidewalk, curb and gutter. b. Removal of the existing pavement structural section and installation of new pavement structural section to centerline related to the bulb out, or as required by the City Engineer. c. Removal of parking spaces on Second Street per the Traffic Engineer in order to accommodate the new bulb out. d. Installation of City standard curb, gutter, sidewalk and one (1) ADA compliant driveway approach. e. Removal of existing street trees and installation of City specified street trees, tree wells, decorative tree grates and irrigation at 30 feet on center, or as required by the City Engineer. f. Installation and relocation of traffic control signs, stripes, posts, and related facilities, as required by the City Engineer. g. Protection, relocation, and/or installation of underground utilities including traffic signal, traffic communication control box, signal interconnection conduits, street lighting conduits, PG&E, Pac Bell, AT&T and other facilities as appropriate. h. Installation and relocation of streetlights, conduits, conductors and related facilities in accordance with the City of Campbell's Street Lighting Policies. 1. Installation of City approved park bench on sidewalk. J. Show location of all utilities within the existing public right of way. k. Relocation of utility boxes, covers, poles, etc. outside of sidewalk area. No utility boxes, covers, etc. will be allowed in the sidewalk. Attachment A - Conditions of Approval City Council Ordinance PLN2004-96- 175-201 E. Campbell Avenue - Planned Development Permit Page 9 1. Construction of conforms to existing public and private improvements, as necessary. 38. Occupancy: Prior to allowing occupancy for any and/or all buildings, the applicant shall have the required street improvements installed and accepted by the City. 39. 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. 40. Soils R€::port: Prior to recordation of the final map, the applicant shall provide a soils report prepared by a registered geotechnical or civil engineer. 41. 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. 42. Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant shall submit a utility coordination plan and schedule for approval by the City Engineer for installation and/or abandonment of all utilities. The plan shall clearly show the location and size of all existing utilities and the associated main lines; indicate which utilities and services are to remain; which utilities and services are to be abandoned, and where new utilities and services will be installed. Joint trenches for new utilities shall be used whenever possible. 43. 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 of abandonment. Streets that have been resurfaced within the previous five years will require boring and jacking for all new utility installations. East Campbell Avenue and North Second Street have not been resurfaced 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. 44. Grading and Drainage 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. The applicant must create positive drainage away from the parking structure. 45. Storm Drain Area Fee: Prior to recordation of the final map, the applicant shall pay the required Storm Drain Area fee of$2,575.00 per net acre, which is $1,478.00. 46. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination Attachment A - Conditions of Approval City Council Ordinance PLN2004-96- 175-201 E. Campbell Avenue - Planned Development Permit Page 10 System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and the Campbell Municipal Code regarding stormwater pollution prevention. The primary objectives are to improve the quality and reduce the quantity of stormwater runoff to the bay. Resources to achieve these objectives include Storm water Best Management Practices Handbook for New Development and Redevelopment ("CA BMP Handbook") by the California Stormwater Quality Association (CASQA), 2003; Start at the Source: A Design Guidance Manual for Stormwater Quality Protection ("Start at the Source") by the Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and Using Site Design Techniques to Meet Development Standards for Stormwater Quality: A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. 47. Covenants. Conditions. and Restrictions: Provide copies of CC&Rs for review by the City prior to recordation ofthe final map and CC&Rs. FIRE DEPARTMENT 48. Formal Plan Review: Review of this development proposal is limited to accessibility of site access and water supply as they pertain to fire department operations, and shall mot be construed as a substitute for formal plan review to determine compliance with adopted model codes. Prior to performing any work the applicant shall make application to, and receive from, the Building Division all applicable construction permits. 49. Required Fire Flow: The fire flow for this project is 3,750* gpm at 20 psi residual pressure. As an automatic fire sprinkler system will be installed, the fire flow has been reduced by 75% establishing a required adjusted fire flow of 1,500 gpm at 20 psi residual pressure. The adjusted fire flow is available from area water mains and fire hydrant(s) which are spaced at the required spacing. (*) - Fire flow is based upon Type V-I hour rated construction. 50. Automatic Fire Sprinkler System Required: Buildings requiring a fire flow in excess of 2,000 GPM or, in excess of two stories or 35 feet in height, shall be protected throughout by an automatic fire sprinkler system, hydraulically designed per National Fire Protection Association (NFPA) Standard #13. The system installation shall commence at the start of framing, and progress by level accordingly. 51. Standpipes Required: Buildings three stories or more in height, or where emergency access has been deemed minimal, shall be equipped with standpipes designed per NFP A Std.#14 , and be equipped with 2-1/2"inch hose valves, located within the stair enclosures(s). Note to developer: This system may be a combined system. 52. Fire Apparatus (Engine) Access Roads Required: Provide access roadways with a paved all weather surface, a minimum unobstructed width of 20 feet. Installations shall conform with Fire department standard details and Specifications sheet A-I. Attachment A - Conditions or Approval City Council Ordinance PLN2004-96- 175-201 E. Campbell Avenue - Planned Development Permit Page 11 53. Emergencv Gate Access Requirements: Gate installations shall conform with Fire Department Standard Details and Specification G-l and when open shall not obstruct any portion of the required width for emergency access roadways or driveways. Locks, if provided, shall be Fire Department approved prior to installation. 54. Fire Lane Marking Required: Roadways deemed necessary to facilitate emergency vehicle access shall be identified in accordance with Fire Department Standard Details and Specifications A-6 and Local Government Standards. 55. Fire Department Key Box Required: The building shall be equipped with a permanently installed emergency access key lock box (Knox), conforming to Fire Department Standard Detail Specification Sheet K -1. At time of final inspection, access keys shall be provided to the Fire Department. 56. 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 backgrounds. 57. Building Classification: This building proposal most nearly represents a four-story building. The Architect shall reflect compliance with the 2001 California Building and Fire Code relative to the inclusion of area and occupancy separations as may be appropriate, exiting provisions to include enclosures, fire alarm and complying standpipe system. 58.Terrace Clearance: Regarding the new terrace over the rear access road, the minimum overhead clearance of 13'6" shall still apply. Please provide appropriate scaled drawings reflecting actual clearance in future submittals. It does appear that window rescue to the third floor unit facing the rear access road is still possible via ground ladders nearest the terrace. The fourth floor units are then not required to have rescue window capability REDEVELOPMENT AGENCY 59. Affordable Housing Units: Prior to issuance of building permits, the applicant shall execute an Owner Participation Agreement with the Redevelopment Agency to provide for cost sharing to provide below market rate housing units consistent with the Development and Disposition Agreement. Planning Division 60. Trash and Recycling Enclosure: The applicant shall submit details regarding the design and location of a trash and recycling enclosure(s) to the Planning Division for review and approval by the Community Development Director prior to the issuance of building permits for the project. a. Trash and Recycling Containers of a size and quantity necessary to serve the new buildings shall be in areas approved by the Fire Department and Community Development Director. Attachment A - Conditions or Approval City Council Ordinance PLN2004-96- 175-201 E. Campbell Avenue - Planned Development Permit Page 12 b. Unless otherwise noted, enclosures shall consist of a concrete floor surrounded by a six- foot high solid wall and have decorative doors and designed to be architectural compatible to the buildings. The enclosure shall be constructed at grade level and have a level area adjacent to the trash enclosure area to service the containers. Driveways or aisles shall provide unobstructed access for collection vehicles and personnel and provide at least the minimum clearance required by the collection methods and vehicles utilized by the designated collector. The wall, gate and surface inside the enclosure must be kept in sound repair and condition. The refuse and recycling containers shall be kept in the enclosure at all times except when being emptied by collection personnel. c. Areas around trash enclosures, recycling areas, and/or trash compactor enclosures shall not discharge to the storm drain system. Any drains installed in or beneath dumpster and compactor facilities shall be connected to the sanitary sewer. The applicant shall contact the West Valley Sanitation District for specific connection and discharge requirements. MEMORANDUM Of' C.t.., t-~' "'..", .. r' U l"" o 0 .. .. ... .. "', v'" O.C'H,."O' CI1Y OF CAMPBELL TO: Tim Haley, Associate Planner DATE: November 18, 2004 FROM: Anne Bybee, City Clerk Application of Jeff Warmoth on behalf of Campbell Avenue Associates, LLC SUBJECT: 175-201 E. Campbell Avenue At its regular meeting of November 16, 2004, the City Council took the following actions with regard to the application of Jeff Warmoth on behalf of Campbell Avenue Associates, LLC for approval of a Zone Change, Planned Development Permit and Tentative Subdivision Map for property located at 175-201 E. Campbell Avenue: 1) Adopted Resolution 10414 approving a Mitigated Negative Declaration; 2) Introduced Ordinance 2050 approving a Zone Change (PLN2004-95) from C-3-S (Central Business District) to C-PD (Condominium Planned Development) for first reading; 3) Introduced Ordinance 2051 approving a Planned Development Permit (PLN2004-96) to allow the construction of a three-story mixed use building and accommodating 11,240 square feet of retail space, 4,760 square feet of retail mezzanine and 22 residential condominiums for first reading; and 4) Adopted Resolution 10415 approving a Tentative Subdivision Map (PLN2004-97) to allow the creation of twenty-three condominium lots, subject to Conditions of Approval. Certified copies of Resolution Nos. 10414 and 10415 are attached. Second reading of Ordinance Nos. 2050 and 2051 is scheduled for the City Council Meeting of December 7, 2004. Also attached is a copy of a letter notifying the applicant of the City Council's action. Of'C"'-i1 . A ~4... ~~ ... !'" U l"" -' .. ...", "...." 'o-"CHA\lO CITY OF CAMPBELL City Clerk's Office November 18, 2004 Mr. Jeff Warmoth Campbell A venue Associates, LLC 309 Second Street, Suite 3 Los Altos, CA 94022 Dear Mr. Warmoth: At its regular meeting of November 16, 2004, the Campbell City Council held a public hearing to consider your application for a Zone Change, Planned Development Permit and Tentative Subdivision Map for property located at 175-201 E. Campbell A venue. After due consideration, the City Council took the following actions: 1) Adopted Resolution 10414 approving a Mitigated Negative Declaration; 2) Introduced Ordinance 2050 approving a Zone Change (PLN2004-95) from C-3-S (Central Business District) to C-PD (Condominium Planned Development) for first reading; 3) Introduced Ordinance 2051 approving a Planned Development Permit (PLN2004-96) to allow the construction of a three-story mixed use building and accommodating 11,240 square feet of retail space, 4,760 square feet of retail mezzanine and 22 residential condominiums for first reading; and 4) Adopted Resolution 10415 approving a Tentative Subdivision Map (PLN2004-97) to allow the creation of twenty-three condominium lots, subject to Conditions of Approval. Enclosed please find certified copies of Resolution Nos. 10414 and 10415. Second reading of Ordinances 2050 and 2051 is scheduled for City Council Meeting of December 7, 2004. Certified copies of each ordinance will be forwarded to you after that date. 70 North First Street. Campbell, California 95008.1423 . TEL 408.866.2117 . FAX 408.374.6889 . TOD 408.866.2790 Jeff Warmoth November 18, 2004 Page Two Please do not hesitate to contact this office (866-2117) or Tim Haley, Community Development Department (866-2140), should you have any questions regarding the City Council's action. Ene. cc: Tim Haley, Community Development Department RESOLUTION NO. 10414 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL ADOPTING A MITIGATED NEGATIVE DECLARATION FOR THE PROJECT LOCATED AT 175-201 E. CAMPBELL AVENUE. After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the City Council did determine that the adoption of a Mitigated Negative Declaration is warranted based upon the following findings: 1. An Initial Study has been prepared for this Project, which provides documentation for the factual basis for concluding that a Mitigated Negative Declaration may be adopted since no substantial evidence exists, in light of the whole record, that the project may have a significant effect on the environment. The project consists of the development of a three- story mixed use building with 11,240 square feet of retail space, 4,898 square feet of retail mezzanine, and 22 residential condominiums. 2. A Trip Generation Analysis was prepared to evaluate the potential traffic impacts of the project and found that the proposed project will not cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system. Given the minor number of projected trips, the project will not exceed, either individually or cumulatively, a level of service standard established by the Congestion Management Program for designated roads or highways. 3. A Mitigated Negative Declaration that describes the reasons that the Downtown Mixed Use Project will not have a significant effect on the environment and therefore does not require the preparation of an Environmental Impact Report was prepared pursuant to Section 15071 of the California Environmental Quality Act Guidelines. 4. There are no responsible agencies or trustee agencies responsible for resources affected by this project. 5. The City of Campbell provided a Notice of Intent to adopt a Mitigated Negative Declaration to the public via the Campbell Express and the County Clerk. 6. The City of Campbell provided a 20-day public review period of the Mitigated Negative Declaration pursuant to Section 15073 of,the California Environmental Quality Act Guidelines. The 20-day public review period for the draft Mitigated Negative Declaration was between August 25, 2004 and September 14, 2004. No comments were received. 7. The mitigation measures address potential short-term air quality impacts associated with construction, paleontological or archaeological resources that might be encountered during project construction, strong seismic ground shaking associated with potential geologic impacts, and potential noise impacts during project construction. The mitigation measures are City Council Resolution Adopting a Mitigated Negative Declaration -- 175-201 E. Campbell Avenue Page 2 included as Conditions of Approval of the Planned Development Permit and Tentative Subdivision Map. 8. The City Council hereby finds and determines that the Mitigated Negative Declaration reflects the independent judgment of the City Council. . Based upon the foregoing findings of fact, the City Council further finds and concludes that: 1. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required Conditions of Approval, will have a significant adverse impact on the environment. 2. The Custodian of the Record for this Mitigated Negative Declaration and Initial Study is the City Clerk of the City of Campbell, located at 70 North First Street, Campbell, California. PASSED AND ADOPTED this 16th day of November , 2004, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBER: COUNCILMEMBER: COUNCILMEMBER: COUNCILMEMBER: Furtado, Watson, Dean, Kennedy, Burr None NOne None ATTEST: tZ-~ APPROVEIk ~r-.n~~___ Donald R. Burr, Mayor Anne Bybee, City Clerk r. KlftEGOlNG IIlISTti'lJ'Jil;'..Hi IS AI Taut MIO CORReCT COPY Of' THE ORGUML Oft ALE IN THIS orPlce. .tn1!8r: ANItE 8YSEE. CITY a.suc. OR'Y ;OAM~ DATED l/ /I'i'/Oy RESOLUTION NO. 10415 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A TENTATIVE SUBDIVISION MAP (pLN2004-97) TO CREATE 22 RESIDENTIAL CONDOMINUM UNITS AND ONE COMMERCIAL UNIT ON PROPERTY OWNED BY THE CITY OF CAMPBELL REDEVELOPMENT AGENCY LOCATED AT 175- 201 E. CAMPBELL AVENUE IN THE C-3-S (CENTRAL BUSINESS DISTRICT) ZONING DISTRICT. APPLICATION OF MR. JEFF WARMOTH, ON BEHALF OF CAMPBELL AVENUE ASSOCIATES. FILENO.: PLN2004-97. 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 PLN2004-97: 1. The creation of 22 residential condominium units and one commercial unit is consistent with the Central Commercial General Plan land use designation. 2. The maximum density allowed under the General Plan is 27 units per gross acre. The proposed project would result in a project density of 26 units per gross acre. 3. All condominium developments in the City are required to be located within a C-PD (Condominium-Planned Development) Zoning District. The proposed residential condominium project is consistent with the C-PD Zoning District. 4. The proposal for 22 residential condominium units includes three units below market rate households units. These units will provide necessary housing within an existing urbanized area that is fully served by utilities and public services. 5. The proposed project includes provisions for access to natural air and light for all of the units. 6. The provisions of the Covenants, Conditions and Restrictions are necessary to ensure the long-term property maintenance and continued architectural integrity of the project. 7. The Tentative Subdivision Map has been distributed to local agencies, including Pacific Gas and Electric, West Valley Sairitation District, Santa Clara Valley Transportation Authority and the Santa Clara Valley Water District. None of these agencies raised any concerns about providing services to the project. 8. A Mitigated Negative Declaration has been prepared for this project concluding that there are no significant unmitigated impacts associated with this project, pursuant to the California Environmental Quality Act (CEQA). , City Council Resolution PLN2004-97 - 175-201 E. Campbell Avenue -- Tentative Subdivision Map Page 2 Based upon the foregoing findings of fact, the City Council further finds and concludes that: 1. The proposed Tentative Subdivision Map is consistent with the General Plan and Zoning Ordinance of the City. 2. The proposed Tentative Subdivision Map does not impair the balance between the housing needs of the region and the public service needs of its residents and available fiscal and environmental resources. 3. The design of the Tentative Subdivision Map provides, to the extent feasible, for future passive or natural heating and cooling opportunities. 4. The development and uses will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. 5. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. 6. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. 7. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. NOW, THEREFORE, BE IT RESOLVED that the City Council approves a Tentative Subdivision Map (PLN2004-97) to create 22 residential condominium units and one commercial unit on property owned by the City of Campbell Redevelopment Agency located at 175-201 E. CAMPBELL AVENUE in the C-3-S (Central Business District) Zoning District, subject to the following conditions: Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations and accepted engineering practices for the item under review. 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 for a Tentative Subdivision Map to create 22 residential condominium units and one commercial unit located at 175-201 East Campbell City Council Resolution PLN2004-97 -175-201 E. Campbell Avenue -- Tentative Subdivision Map Page 3 Avenue. The Subdivision Map shall substantially conform to the Tentative Subdivision Map prepared by AP Consulting Engineers and dated August 18, 2004, as received by the Planning Division on August 19, 2004, except as may be modified by the conditions of approval herein. 2. Approval Expiration: The Tentative Subdivision Map approval is valid for a period of two years from the date of final City Council approval unless an extension is granted prior to the expiration date. 3. 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. 4. Park Impact Fee: A park impact fee of $5,635 per unit is due upon development of the site. Based on the development of 22 units, a total of $123,970 shall be paid to the City. Prior to recordation of the Final Subdivision Map, 75% of this fee is due. The remaining 25% is due prior to issuance of a certificate ofbui1ding occupancy. 5. Propertv Maintenance: The property is to be maintained free of any combustible trash, debris and weeds until the time that actual construction commences. (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code). 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 buildings and property. b. Continued architectural controls to ensure the architectural integrity of the project. c. Definition of common areas to be maintained and provision of maintenance for these areas. d. Provision of a funding mechanism to ensure maintenance and upkeep of common areas and shared building walls and roofs to be repaired, repainted, and/or replaced as necessary. e. Provision to provide on-going maintenance of the required landscaping for the project. f. Provision for the availability of carport spaces for the parking of vehicles at all times. g. Provision to prohibit the use of parking spaces for storage purposes, including boats, trailers, and recreational vehicles. PUBLIC WORKS DEPARTMENT 7. 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. The current plan check fee is $3,200.00 plus $35 per lot. City Council Resolution PLN2004-97 - 175-201 E. Campbell Avenue -- Tentative Subdivision Map Page 4 8. Condominium Plan: Prior to allowing occupancy for any and/or all buildings, the applicant shall submit a Condominium Plan for review by the City and recordation. 9. Preliminary Title Report: Upon submittal of the tentative map, the applicant shall provide a current Preliminary Title Report. 10. Private Easements: Prior to 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. 11. Monumentation for Final Map: Prior to recordation of the final map, the applicant shall provide security for setting all monuments shown on the map. 12. 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: Campbell Avenue a. Removal of two (2) existing driveway approaches and necessary sidewalk, curb and gutter. b. Removal of existing curb ramp, related sidewalk, curb and gutter as necessary to accommodate bulb out at corner of Campbell A venue and Second Street. c. Removal of the existing pavement structural section to centerline related to the bulb out, or as required by the City Engineer. d. Removal of parking spaces on Campbell Avenue per the Traffic Engineer in order to accommodate the new bulb out. e. Installation of City standard curb, gutter, and sidewalk. f. Installation of pavement structural section to centerline related to the bulb out, or as required by the City Engineer. g. Installation of a City approved corner bulb out at the northwest corner of Campbell Avenue and Second Street. The corner bulb out shall have decorative concrete as required by the City. h. Installation of ADA compliant curb ramp at the northwest corner of Campbell Avenue and Second Street. 1. Removal of existing street trees and installation of City specified street trees, tree wells, decorative tree grates and irrigation at 30 feet on center, or as required by the City Engineer. J. Installation and relocation of traffic control signs, stripes, posts, and related facilities, as required by the City Engineer. City Council Resolution PLN2004-97 -175-201 E. Campbell Avenue -- Tentative Subdivision Map Page 5 k. Protection, relocation, and/or installation of underground utilities including traffic signal, traffic communication control box, signal interconnection conduits, street lighting conduits, PG&E, Pac Bell, AT&T and other facilities as appropriate. 1. Show location of all utilities within the existing public right of way. m. Relocation of utility boxes, covers, poles, etc. outside of sidewalk area. No utility boxes, covers, etc. will be allowed in the sidewalk. n. Construction of conforms to existing public and private improvements, as necessary. Second Street a. Removal of one (1) existing driveway approach and necessary sidewalk, curb and gutter. b. Removal of the existing pavement structural section and installation of new pavement structural section to centerline related to the bulb out, or as required by the City Engineer. c. Removal of parking spaces on Second Street per the Traffic Engineer in order to accommodate the new bulb out. d. Installation of City standard curb, gutter, sidewalk and one (1) ADA compliant driveway approach. e. Removal of existing street trees and installation of City specified street trees, tree wells, decorative tree grates and irrigation at 30 feet on center, or as required by the City Engineer. f. Installation and relocation of traffic control signs, stripes, posts, and related facilities, as required by the City Engineer. g. Protection, relocation, and/or installation of underground utilities including traffic signal, traffic communication control box, signal interconnection conduits, street lighting conduits, PG&E, Pac Bell, AT&T and other facilities as appropriate. h. Installation and relocation of streetlights, conduits, conductors and related facilities in accordance with the City of Campbell's Street Lighting Policies. 1. Installation of City approved park bench on sidewalk. J. Show location of all utilities within the existing public right of way. k. Relocation of utility boxes, covers, poles, etc. outside of sidewalk area. No utility boxes, covers, etc. will be allowed in the sidewalk. 1. Construction of conforms to existing public and private improvements, as necessary. 13. Occupancy: Prior to allowing occupancy for any and/or all buildings, the applicant shall have the required street improvements installed and accepted by the City. 14. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer cleanout(s) shall be relocated or installed on private property behind the public right-of-way line. 15. Soils Report: Prior to recordation of the final map, the applicant shall provide a soils report prepared by a registered geotechnical or civil engineer. 16. 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 ,- City Council Resolution PLN2004-97 -175-201 E. Campbell Avenue -- Tentative Subdivision Map Page 6 comply with all plan submittals, permitting, and fee requirements of the serving utility companIes. 17. Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant shall submit a utility coordination plan and schedule for approval by the City Engineer for installation and/or abandonment of all utilities. The plan shall clearly show the location and size of all existing utilities and the associated main lines; indicate which utilities and services are to remain; which utilities and services are to be abandoned, and where new utilities and services will be installed. Joint trenches for new utilities shall be used whenever possible. 18. 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 of abandonment. Streets that have been resurfaced within the previous five years will require boring and jacking for all new utility installations. East Campbell A venue and North Second Street have not been resurfaced 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. 19. Grading and Drainage 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. The applicant must create positive drainage away from the parking structure. 20. Storm Drain Area Fee: Prior to recordation of the final map, the applicant shall pay the required Storm Drain Area fee of$2,575.00 per net acre, which is $1,478.00. 21. 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 V alley Water District requirements, and the Campbell Municipal Code regarding stormwater pollution prevention. 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 Storm water Quality: A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. 22. Covenants. Conditions. and Restrictions: Provide copies of CC&Rs for review by the City prior to recordation of the final map and CC&Rs. City Council Resolution PLN2004-97 - 175-201 E. Campbell Avenue -- Tentative Subdivision Map Page 7 PASSED AND ADOPTED this 16th day of November , 2004, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Furtado, Watson, Dean, Kennedy, Burr None None None ATTEST: Il~ APPROV~~~~. Donald R. Burr, Mayor Anne Bybee, City Clerk IS FO'1.',-.' '-".0 I!oJ:1TR\.<'JF..NT lB A TlnIt 4,1'40 COFll'l;'CT COPV ~ ne ClRIG.UMt. O"f F1~E IN THIS OFncs. ,nUT: A"I YBEE, CITY OU!I'IK. Offt ~L CALI ~ BY ,- ~ Following City Council discussion, a motion made by Councilmember Dean to waive all fees excluding staff costs of $160 for Rolling Hills and $150 for Westmont died for lack of a second. M/S: Kennedy/Furtado - that the City Council approve the staff recommendation approving a partial fee waiver for the use of the Orchard City Banquet Hall for fundraising events planned by Rolling Hills Sports Boosters and the Westmont Baseball Team. Motion adopted by the following roll call vote: AYES: Councilmembers: Furtado, Watson, Dean, Kennedy, Burr NOES: Councilmembers: None ORAL REQUESTS Gary Townsend, 1350 Peggy A venue, Campbell, appeared before the City Council and spoke regarding a drainage problem associated with his residential development. Mayor Burr referred this matter to staff. PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES 12. Application of Jeff Warmoth, on behalf of Campbell Avenue Associates, LLC, for a Zone Change (pLN2004,.95) from C-3-S (Central Business District) to C-PD (Condominium Planned Development); a Planned Development Permit (PLN2004- 96) and Tentative Subdivision Map (pLN2004-97) to allow the construction of a three-story mixed-use building accommodating 22 residential condominiums, 11,240 square feet of retail and 4,760 square feet of retail mezzanine space on property owned by the City of Campbell Redevelopment Agency located at 175- 201 E. Campbell Avenue in the C-3-S (Central Business District) Zoning District (Introduction of Ordinance/Resolution/Roll Call Vote) This is the time and place for a public hearing to consider the application of Jeff Warmoth, on behalf of Campbell Avenue Associates, LLC, for a Zone Change (PLN2004-95) from C-3-S (Central Business District) to C-PD (Condominium Planned Development); a Planned Development Permit (PLN2004-96) and Tentative Subdivision Map (PLN2004-97) to allow the construction of a three-story mixed-use building accommodating 22 residential condominiums, 11,240 square feet of retail and 4,760 square feet of retail mezzanine space on property owned by the City of Campbell Redevelopment Agency located at 175-201 E. Campbell Avenue in the C-3-S (Central Business District) Zoning District. Community Development Director Pierro - Staff Report dated November 16,2004. Mayor Burr declared the public hearing open and asked if anyone in the audience wished to be heard. Minutes of 11/16/2004 City Council Meeting 4 -" Jeff Warmoth, 309 2nd Street, Los Altos, appeared before the City Council and spoke in support of the project. There being no one else wishing to speak, Mayor Burr closed the public hearing. M/S: Dean/Kennedy - that the City Council: 1) Adopt Resolution 10414 adopting a Mitigated Negative Declaration and incorporating Findings; 2) Introduce Ordinance 2050 approving a Zone Change (pLN2004-95) from C- 3-S (Central Commercial) to C-PD (Condominium Planned Development) for first reading; 3) Introduce Ordinance 2051 approving a Planned Development Permit (pLN2004-96) to allow the construction of a three-story mixed use building, accommodating 11,240 square feet of retail space, 4,760 square feet of retail mezzanine, and 22 residential condominiums, and incorporating Findings, for fIrst reading; and 4) Adopt Resolution 10415 approving a Tentative Subdivision Map (pLN2004- 97) to allow the creation of twenty-three condominium lots, incorporating Findings and subject to Conditions of Approval. Motion adopted by the following roll call vote: AYES: Councilmembers: Furtado, Watson, Dean, Kennedy, Burr NOES: Councilmembers: None The City Clerk read the title of Ordinance Nos. 2050 and 2051. M/S: Dean/Kennedy - that further reading of Ordinance Nos. 2050 and 2051 be waived. Motion adopted unanimously. 13. Application of Mr. Anthony Ho, on behalf of the Pang Brothers Investment Corporation, for a Zone Change (pLN2004-114) from PD (planned Development) to C-PD (Condominium Planned Development); a Planned Development Permit (pLN2004-115) for the construction of a new four-story mixed-use building containing 45 new residential condominium units, 4,850 square feet of retail/restaurant space and 125 parking spaces; a Tentative Subdivision Map (pLN2004-116) to subdivide the property; and a Tree Removal Permit (pLN2004- 117) to allow the removal of five protected trees on property owned by the Pang Brothers Investment Corporation located at 1815 S. Bascom Avenue in a PD (planned Development) Zoning District (Introduction of OrdinancelResolution/Roll Call Vote) Minutes of 11/16/2004 City Council Meeting 5 "'::;::: ~ , '. / ,,,.- ( 'Il (II ( {lill/;/N!! City Council, Report . ITEM NO: CATEGORY: MEETING DATE: 12. Public Hearing November 16, 2004 TITLE Public Hearing to consider the Application of Mr. Jeff Warmoth, on behalf of Campbell Avenue Associates, LLC, for a Zone Change (PLN2004-95) from C-3- S (Central Business District) to C-PD (Condominium Planned Development); a Planned Development Permit (PLN2004-96) and Tentative Subdivision Map (PLN2004-97) to allow the construction of a three-story mixed-use building accommodating 22 residential condominiums, 11,240 square feet of retail arid 4,760 square feet of retail mezzanine space on property owned by the City of Campbell Redevelopment Agency located at 175-201 E. Campbell Avenue in the C-3-S (Central Business District) Zoning District. CITY COUNCIL ACTION The Planning Commission recommends that the City Council take the following actions: 1. Adopt a Resolution, incorporating the attached findings, adopting a Mitigated Negative Declaration for this project. 2. Take first reading of the attached ordinance approving a Zoning Change (PLN 2004-95) from C-3-S (Central Commercial) to C-PD (Condominium Planned Development) for the project site. 3. Take first reading of the attached ordinance, incorporating the attached findings, approving a Planned Development Permit (PLN 2004-96) to allow the construction of a three-story mixed use building accommodating 11,240 square feet of retail space, 4,760 square of retail mezzanine and 22 residential condominiums. 4. Adopt a Resolution, incorporating the attached findings, approving a Tentative Subdivision Map (PLN 2004-97) to allow the creation of twenty-three condominium lots, subject to the attached conditions of approval. ENVIRONMENTAL DETERMINATION In accordance with CEQA, the City conducted an Initial Study for this project. The results of the study determined that no significant impacts would be created as a result of this project. Based upon the information provided in the environmental assessment, the Planning Commission previously adopted a Negative Declaration for a 30,000 square foot retail! office use project on this site. The Initial Study and the findings in support of the Negative Declaration are included as an attachment to this report. Mitigation measures regarding noise and construction activities have been incorporated into the conditions of approval. -- City Council Report PLN2004-95, 96, & 97-175-201 East Campbell Avenue Zone Change, Planned Development Permit and Tentative Subdivision Map Page 2 BACKGROUND Applicant's Proposal: The applicant is requesting approval of a Zone Change from C-3-S (Central Business District) to C-PD (Condominium Planned Development), approval of a Planned Development Permit to allow the construction of a three-story mixed use commerciaVresidential building and approval of a Tentative Subdivision Map to create 23 condominium lots (22 residential and one commercial) on the project site. The applicant is requesting approval of a zone change so that the residential units may be sold as condominiums. The subject property is currently vacant and is located at the northwest corner of East Campbell Avenue and North Second Street. BACKGROUND Redevelopment Agency Proiect In 1998, the Redevelopment Agency created a "Master Developer Site" that included the subject property. A Master Developer Site is a redevelopment tool used to assemble land for the purpose of planning and developing an area in a comprehensive and uniform manner. The Agency proceeded to acquire seven properties within a one block area. The properties were assembled and re-subdivided into two parcels. On the one parcel, the Agency developed the Second Street Public Parking Garage. The subject property was identified as a commercial development site. In 2001, the Agency entered into a Disposition and Development Agreement (DDA) with Barry Swenson Builder to develop an office over retail project. However, when due to the economy, the Developer could not satisfy the terms of the DDA, the contract was terminated in August, 2002. In the Summer of 2003, the RDA was approached by Sand Hill Development, the owners of the Creekside Hotel property. In November, 2003 the Agency entered into a DDA with Sand Hill Partners that tied the development of the Creekside Hotel site with the development of the downtown property. This provided an opportunity to realize the development of two critical properties in the City. Study Session: The City Council held a study session on March 2, 2004 to review this project. The City Council was generally supportive of the proposed use and stressed the importance of further details that provided quality building materials and traditional architectural styles. Planning Commission: The Planning Commission, at its meeting of October 26, 2004, forwarded recommendations to the City Council by a 5-0-1-1 vote, Commissioner Gibbons abstaining and Commissioner Alderete absent, to approve the three applications. The Resolutions are provided in Attachment # 5. ANALYSIS General Plan Designation: The General Plan land use designation for the project site is currently Central Commercial. No change to the General Plan is proposed with this request. The requested - C-PD (Condominium Planned Development Zoning) is consistent with the General Plan Land Use Designation with the approval of a Planned Development Permit. City Council Report PLN2004-95, 96, & 97-175-201 East Campbell Avenue Zone Change, Planned Development Permit and Tentative Subdivision Map Page 3 -- The proposed project complies with the following General Plan Land Use Element policies and strategies: Downtown Goal LUT-19: A vibrant community oriented Downtown that serves as the retail, servIce commercial, cultural and historic center of the city. Policy LUT -19.1 : Campbell Downtown Development Plan: Ensure that new development within the Downtown Area complies with the requirements of the Campbell Downtown Development Plan (see plan in Attachment A). Strategy LUT-19.1a: Mix of Uses: Encourage a compatible mix of uses (i.e. professional offices, services and retail uses) with ground floorTetail uses. Strategy LUT-19.lb: Pedestrian-Orientation: Reinforce East Campbell Avenue as a pedestrian-oriented retail street. Policy LUT-13.2: Business and Activity Centers: Enhance the accessibility of Campbell's business and activity centers. Strategy LUT-13.2a: Downtown Parking: Provide sufficient parking in the Downtown area to address long-term (employee) and short-term (customer) parking. Strategy LUT-13.2b: Downtown Parking Efficiency: Encourage parking strategies in the Downtown area that maximize the efficient use of parking. Policy LUT-9.3: Design and Planning Compatibility: Promote high quality, creative design and site planning that is compatible with surrounding development, public spaces and natural resources. Strategy LUT-9.3d: Building Design: Design buildings to revitalize streets and public spaces by orienting the building to the street, including human scale details and massing that engages the pedestrian. Strategy LUT-9.3e: Building Materials: Encourage the use of long- lasting, high quality building materials on all buildings to ensure the long-term quality of the built environment. - Strategy LUT-9.3g: Pedestrian Amenities: Ine-orporate pedestrian amenities such as plazas, landscaped areas with seating, pedestrian walkways into new developments. City Council Report PLN2004-95, 96, & 97- 175-201 East Campbell Avenue Zone Change, Planned Development Permit and Tentative Subdivision Map Page 4 Policy LUT-3.1: Variety of Residential Densities: Provide land use categories for and maintenance of a variety of residential densities to offer existing and future residents of all income levels, age groups and special needs sufficient opportunities and choices for locating in Campbell. Policy LUT -5.1: Neighborhood Integrity: Recognize that the City is composed of residential, industrial and commercial neighborhoods, each with its own individual character; and allow change consistent with reinforcing positive neighborhood values, while protecting the integrity of the city's neighborhoods. Strategy LUT-5.2a: Neighborhood Compatibility: Promote new residential development and substantial additions that are designed to maintain and support the existing character and development pattern of the surrounding neighborhood, especially in historic neighborhoods and neighborhoods with consistent design characteristics. Downtown Development Plan: The proposed proj ect is located within the Redevelopment Project Area and is subject to the goals and policies of the Downtown Development Plan. The Plan has a number of policies that encourage a mix of uses in the downtown area, including residential development on properties designated Commercial. The goal is to provide a balance of daytime and nighttime uses and provide a critical mass of residents to support the continued revitalization of Downtown Campbell. The proposed project is consistent with the Downtown Development Plan goals of revitalization and provides housing units as well as providing retail opportunities along the Campbell Avenue frontage. The requirement of providing 15 percent affordable units is being met by the inclusion of three units below market rate income households. Campbell Redevelopment Area Goal LUT-18: Revitalization of the Central Campbell Redevelopment Project Area. Policy LUT -18.1: Redevelopment Plan: Ensure that new development within the Redevelopment Project Area is consistent with the Redevelopment Plan. Zoning Classification: The current zoning classification for the project site is C-3-S (Central Business District Commercial). The applicant is requesting a zoning classification change to C- PD (Condominium Planned Development) to allow the residential units be sold as individual condominiums. The proposed development will be consistent with the zoning classification with approval of a Planned Development Permit. The proposed residential and commercial uses will - City Council Report PLN2004-95, 96, & 97-175-201 East Campbell Avenue Zone Change, Planned Development Permit and Tentative Subdivision Map Page 5 be consistent with General Plan and permitted uses based upon the approved Planned Development Permit. Planned Development Permit: The applicant is requesting approval of a Planned Development Permit. Approval of a Planned Development Permit is required to allow the development of this mixed use project. Architecture: The building elevation displays a three-story building with a variation of traditional commercial styles. The elevations depict the use of stucco and brick for wall materials with a traditional Main Street style. The ground floor is enhanced with storefronts accented by awnings, display windows, tile materials and distinctive entries. A variety of window and roof heights have been provided to enhance the appearance of the building and to provide an appearance of varied smaller building designs. The building elevations depict the use of traditional building materials accented with tile or brick at the building base, clay roof tiles on the tower roof elements and wrought iron balcony railings. The north elevation of the building facing the garage has been enhanced with the use of metal balconies, an elevated terrace and decorative cornices. The Planning Commission is recommending that further architectural treatments be introduced to provide additional brick material on the Second Street frontage and that the metal and canvas awning details be further depicted/detailed at the time of Building Permit submittals. Parking: The site plan indicates the provision of 17 parking spaces along the access driveway north of the building. Additionally, the applicant has executed a Disposition and Development Agreement with the Campbell Redevelopment Agency that allows a parking credit of 74 parking spaces in the adjacent public parking structure. The applicant is entitled to a non-exclusive use of the 300 space public parking structure. With the provision of on-site parking and the parking credit the project will provide the 91 parking spaces required for the proposed retail and residential uses. In exchange for this parking credit, the applicant will pay the Agency a parking in-lieu fee. Tentative Subdivision Map: The applicant is requesting approval of a Tentative Subdivision Map to subdivide the property into twenty-two residential condominiums and one commercial condominium. A condition of approval has been added that requires the applicant to submit a draft copy of the Covenants, Conditions and Restrictions (CC&Rs) which provide for the formation of a homeowner's association to ensure the long-term maintenance of the common access driveway, shared parking spaces and landscaping. The draft CC&R's would be submitted prior to recordation of the Condominium Plan, for review and approval by the Community Development Director and City Attorney. ALTERNATIVES 1. Approve the proposed project subject to additional and/or modified conditions of approval. Page 6 City Council Report PLN2004-95, 96, & 97- 175-201 East Campbell Avenue Zone Change, Planned Development Permit and Tentative Subdivision Map 2. Deny the proposed project. 3. Continue for further review. FISCAL IMPACTS The proposed project will generate a park impact fee of $123,970.00 for the twenty-two residential units. The project will also generate an undetermined increase in Redevelopment Tax Increment revenues with the improvement of this vacant parcel and an additional sales tax revenues from the proposed 16,000 square feet of retail space. Attachments: 1. Draft City Council Resolution Mitigated Negative Declaration 2. Draft City Council Ordinance (Zone Change) 3. Draft City Council Ordinance (Planned Development Permit) 4. Draft City Council Resolution (Tentative Subdivision Map) 5. Planning Commission Meeting Minutes and Resolutions 6. Planning Commission Staff Report Prepared by: - Reviewed by: Reviewed by: Approved by: ~\t?- Tim J. Haley! Associate Planner r~Y~ Sharon Fierro, Community Development Director Attachment #1 - RESOLUTION NO. BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL ADOPTING A MITIGATED NEGATIVE DECLARATION FOR THE PROJECT LOCATED AT 175-201 E. CAMPBELL AVENUE. After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the City Council did determine that the adoption of a Mitigated Negative Declaration is warranted based upon the following findings: 1. An Initial Study has been prepared for this Project, which provides documentation for the factual basis for concluding that a Mitigated Negative Declaration may be adopted since no substantial evidence exists, in light of the whole record, that the project may have a significant effect on the environment. The project consists of the development of a three- story mixed use building with 11,240 square feet of retail space, 4,898 square feet of retail mezzanine, and 22 residential condominiums. 2. A Trip Generation Analysis was prepared to evaluate the potential traffic impacts of the project and found that the proposed project will not cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system. Given the minor number of projected trips, the project will not exceed, either individually or cumulatively, a level of service standard established by the Congestion Management Program for designated roads or highways. 3. A Mitigated Negative Declaration that describes the reasons that the Downtown Mixed Use Project will not have a significant effect on the environment and therefore does not require the preparation of an Environmental Impact Report was prepared pursuant to Section 15071 of the California Environmental Quality Act Guidelines. 4. There are no responsible agencies or trustee agencies responsible for resources affected by this proj ect. 5. The City of Campbell provided a Notice of Intent to adopt a Mitigated Negative Declaration to the public via the Campbell Express and the County Clerk. 6. The City of Campbell provided a 20-day public review period of the Mitigated Negative Declaration pursuant to Section 15073 of-the California Environmental Quality Act Guidelines. The 20-day public review period for the draft Mitigated Negative Declaration was between August 25,2004 and September 14, 2004. NO comments were received. 7. The mitigation measures address potential short-term air quality impacts associated with construction, paleontological or archaeological resources that might be encountered during project construction, strong seismic ground shaking associated with potential geologic impacts, and potential noise impacts during project construction. The mitigation measures are City Council Resolution Adopting a Mitigated Negative Declaration -- 175-201 E. Campbell Avenue Page 2 ,- included as Conditions of Approval of the Planned Development Permit and Tentative Subdivision Map. 8. The City Council hereby finds and determines that the Mitigated Negative Declaration reflects the independent judgment of the City Council. Based upon the foregoing findings of fact, the City Council further finds and concludes that: 1. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required Conditions of Approval, will have a significant adverse impact on the environment. 2. The Custodian of the Record for this Mitigated Negative Declaration and Initial Study is the City Clerk of the City of Campbell, located at 70 North First Street, Campbell, California. PASSED AND ADOPTED this vote: day of , 2004, by the following roll call AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBER: COUNCILMEMBER: COUNCILMEMBER: COUNCILMEMBER: - APPROVED: Donald R. Burr, Mayor ATTEST: Anne Bybee, City Clerk Attachment #2 - ORDINANCE NO. BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A ZONING CLASSIFICATION CHANGE (PLN2004-95) FROM C-3-S (CENTRAL BUSINESS DISTRICT) TO C-PD (CONDOMINIUMlPLANNED DEVELOPMENT) ZONING DISTRICT ON PROPERTY OWNED BY THE CITY OF CAMPBELL REDEVELOPMENT AGENCY LOCATED AT 175-201 E. CAMPBELL AVENUE IN THE C-3-S (CENTRAL BUSINESS DISTRICT) ZONING DISTRICT. APPLICATION OF MR. JEFF WARMOTH, ON BEHALF OF CAMPBELL AVENUE ASSOCIATES, LLC. FILE NO.: PLN2004-95. The City Council of the City of Campbell does ordain as follows: SECTION ONE: That the Zoning Map of the City of Campbell is hereby changed and amended by adopting the attached Exhibit A, entitled Map of Said Property, as per the application of Mr. J eff Warmoth for approval of a Zoning Classification Change (pLN2004-95) for property located at 175-201 E. Campbell Avenue from C-3-S (Central Business District) to C-PD (Condominium/Planned Development). - SECTION TWO: This ordinance shall become effective thirty (30) days following its passage and adoption shall be published once 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, State of California. PASSED AND ADOPTED this role call vote: day of , 2004, by the following AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: APPROVED: Donald R. Burr, Mayor ATTEST: Anne Bybee, City Clerk Attachment #3 OlIDINANCE NO. - BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A PLANNED DEVELOPMENT PERMIT (PLN2004-96) TO ALLOW THE CONSTRUCTION OF A MIXED-USE BUILDING ACCOMMODATING 22 RESIDENTIAL CONDOMINIUMS, 11,240 SQUARE FEET OF RETAIL AND 4,760 SQUARE FEET OF RETAIL MEZZANINE SPACE ON PROPERTY OWNED BY THE CITY OF CAMPBELL REDEVELOPMENT AGENCY LOCATED AT 175-201 E. CAMPBELL AVENUE IN THE C-3-S (CENTRAL BUSINESS DISTRICT) ZONING DISTRICT. APPLICATION OF MR. JEFF WARMOTH, ON BEHALF OF CAMPBELL AVENUE ASSOCIATES. FILE NO.: PLN2004-96. 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 PLN2004-96: The City Council of the City of Campbell does ordain as follows: .- SECTION ONE: That this Ordinance be adopted to approve a Planned Development Permit (pLN2004-96) to allow the construction of a mixed use building accommodating 22 residential condominiums, 11 ,240 square feet of retail and 4,760 square feet of retail mezzanine space on property owned by the City of Campbell Redevelopment Agency located at 175-201 E Campbell Avenue, together with the attached Exhibit "A" (Conditions of Approval), Exhibit "B" (Project Plans) and Exhibit "C" (Map of Said Property). 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 vote: day of , 2004, by the following roll call AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBER: COUNCILMEMBER: COUNCILMEMBER: COUNCILMEMBER: APPROVED: Donald R. Burr, Mayor ATTEST: Anne Bybee, City Clerk Attachment A - Conditions 01 Approval City Council Ordinance PLN2004-96- 175-201 E. Campbell Avenue - Planned Development Permit Page 1 NOW, THEREFORE, BE IT ORDAINED that the City Council approves a Planned Development Pennit (PLN2004-96) to allow the construction of a mixed-use building accommodating 22 residential condominiums, 11,240 square feet of retail and 4,760 square feet of retail mezzanine space on property owned by the City of Campbell Redevelopment Agency located at 175-201 E. CAMPBELL.A VENUE in the C-3-S (Central Business District) Zoning District. Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations and accepted engineering practices for the item under review. 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 three story mixed use project of 22 residential condominium units, 11,240 of square feet retail, and 4,898 square feet of retail mezzanine for a project located at 175-201 East Campbell Avenue. 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 the Steinberg Group Architects and dated as received by the Planning Division on August 10,2004 and revised elevations received October 19, 2004, conceptual landscape plan, site plan, floor plans, unit plans and building elevations. b. Color schemes and roofing materials received October 19,2004. c. Submitted/material board submitted by Steinberg Group Architects. d. Tentative Subdivision Map prepared by AP Consulting Engineers and dated as received by the Planning Division on August 18, 2004. 2. 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. 3. 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 pennits. -- Attachment A - Conditions of Approval City Council Ordinance PLN2004-96- 175-201 E. Campbell Avenue - Planned Development Permit Page 2 4. Park Impact Fee: A park impact fee of $5,635 per unit is due upon development of the site. Based on the development of22 units, a total of$123,970 shall be paid to the City. Prior to recordation of the Final Subdivision Map, 75% of this fee is due. The remaining 25% is due prior to issuance of a certificate of building occupancy. 5. 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 buildings and property. b. Continued architectural controls to ensure the architectural integrity of the project. c. Definition of common areas to be maintained and provision of maintenance for these areas. d. Provision of a funding mechanism to ensure maintenance and upkeep of common areas and shared building walls and roofs to be repaired, repainted, and/or replaced as necessary. e. Provision to provide on-going maintenance of the required landscaping for the project. f. Provision for the availability of carport spaces for the residential parking of vehicles at all times. g. Provision to prohibit the use of parking spaces for storage purposes, including boats, trailers, and recreational vehicles. 6. 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. Details of brick paving treatments along westerly pedestrian walkway and northern driveway shall be submitted for review and approval by the Community Development Director. b. All on-site landscaping and hardscaping shall be installed and maintained in accordance with the approved landscape plan. c. All trees shall be 24-inch box sized trees throughout the project. d. Landscaping of planting areas adjacent to garage shall include vertical plant materials. e. New street trees shall be added to provide a continuous tree planting along the street frontage as required by the Community Development Director. Attachment A - Conditions of Approval City Council Ordinance PLN2004-96- 175-201 E. Campbell Avenue - Planned Development Permit Page 3 f. Landscape and paving maintenance shall be an on-going responsibility of the property owner(s) and shall include routine pruning of trees and shrubs, maintenance of the automatic irrigation system and the replacement of damaged or diseased plant materials, periodic steam cleaning of walkways and removal of graffiti within twenty-four hours. g. Details of containerized plantings along the westerly walkway. 7. Building 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. Details regarding the color and materials ofthe building and architectural details. b. Window schedules for high quality windows and window treatments. c. High quality materials throughout the project. d. Provision of awning details and attachments to the building. e. Provision of additional brick material along the Second Street frontage at the pedestrian level of the building. f. Provision of architectural detailing at the top of the vertical offset elements between the residential window elements. 8. Parking and Driveways: All parking and driveway areas shall be developed in compliance with Chapter 21.28 ofthe Campbell Municipal Code and the approved project plans 9. Signage: No signage is approved as part of the development applications approved herein. No sign shall be installed until a Sign Permit is approved as specified in the Sign Ordinance. 10. Property Maintenance: The property is to be maintained free of any combustible trash, debris and weeds until the time that actual construction commences. (Section 11.201 and 11.414, 1985 Ed. Unifonn Fire Code). 11. Utility Boxes and Back-Flow Preventers: The applicant shall submit a plan prior to installation 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. 12. On-site lighting: On-site lighting shall be shielded away from adjacent properties and directed on site. The design and type of lighting fixtures 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 to be compatible with the development and shall incorporate energy saving features. Attachment A - Conditions 01 Approval City Council Ordinance PLN2004-96- 175-201 E. Campbell Avenue - Planned Development Permit - Page 4 13. Construction Mitigation Measures: The following practices should be followed during all phases of site preparation and construction activities: a. Construction activities shall be limited to weekdays between 8:00 a.m. and 5:00 p.m. and Saturdays between 9:00 a.m. and 4:00 p.m. No construction shall take place on Sundays or holidays unless an exception is granted by the Building Official. b. 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. c. All construction equipment with internal combustion engines used on the project site shall be properly muffled and maintained in good working condition. d. Unnecessary idling of internal combustion engines shall be strictly prohibited. e. 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. f. 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. g. Construction equipment, vehicles, and workers associated with the development of the project shall not be pennitted to park on any residential streets. 14. Construction Staging Plan: Prior to the issuance of grading or building permits for the project, the applicant shall submit a site plan and narrative description indicating the location, length of time and details of construction staging. The construction staging plan shall be subject to review and approval by the Community Development Director and the Public Works Director. Building Division: 15. Permits Required: A building permit application shall be required for the proposed new commerciallResidential structure. The building permit shall include Electrical/PlumbinglMechanical fees when such work is part of the permit. 16. Construction Plans: The conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 17. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. - 18. 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. Attachment A - Conditions of Approval City Council Ordinance PLN2004-96- 175-201 E. Campbell Avenue - Planned Development Permit Page 5 19. 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. Site address and parcel numbers shall also be clearly called out. Site parking and path of travel to public sidewalks shall be detailed. 20. 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. 21. 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 22. Title 24 Energy Compliance: California Title 24 Energy Standards Compliance forms shall be blue- lined on the construction plans. Compliance with the Standards shall be demonstrated for conditioning of the building envelope and lighting of the building. 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 ofthe building permits, in accordance with UB.C Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 24. Non-Point Source Measures: 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 Division service counter. 25. Title 24 Accessibilitv - Commercial: On site general path of travel shall comply with the latest California Title 24 Accessibility Standards. Work shall include but not be limited to accessibility to building entrances from parking facilities and sidewalks. 26. Title 24 Accessibility - Commercial: Projects seeking to use the Title 24 Hardship exemption clause shall blue-line completed, City of Campbell "20%" exemption form on submitted construction plans. Form is available at Building Division service counter. 27. Approvals Required: The project requires the following agency approval prior to issuance of the building permit: Attachment A - Conditions of Approval City Council Ordinance PLN2004-96- 175-201 E. Campbell Avenue - Planned Development Permit Page 6 a. West Valley Sanitation District b. Santa Clara County Fire Department c. School District: i) Campbell Union School District (378-3405) ii) Campbell Union High School District (371-0960) iii) Moreland School District (874-2900) iv) Cambrian School District (377-2103) d. Bay Area Air Quality Management District (Demolitions Only) e. Santa Clara County Department of Environmental Health 28. P.G.& E.: Applicant is advised to contact Pacific Gas and Electric Company as early as possible in the approval process. Service installations, changes and/or relocations may require substantial scheduling time and can cause significant delays in the approval process. Applicant should also consult with P.G. and E. concerning utility easements, distribution pole locations and required conductor clearances. 29. Archaeological & Paleontological Resources: If archaeological or 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 archeologist or paleontologist shall be contacted to evaluate the situation. A licensed archeologist or 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. 30. Human Burial or Skeletal Element Discovery: 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. 31. Short-term Air Quality Mitigation Measures: The following practices should be followed during all phases of site preparation and construction activities: a. Use dust-proof chutes for loading construction debris onto trucks. b. Water or cover stockpiles of debris, soil, and other materials that can be blown by the wind. c. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard. Attachment A - Conditions of Approval City Council Ordinance PLN2004-96- 175-201 E. Campbell Avenue - Planned Development Permit Page 7 d. Sweep daily (with water sweepers) all paved access roads, parking areas, and staging areas at the construction site. e. Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets, as directed by the City Engineer. f. Enclose, cover, water twice daily or, or apply (non-toxic) soil stabilizers to exposed stockpiles (dirt, sand, etc.). g. Install erosion control measures to prevent runoff from the project site. PUBLIC WORKS DEPARTMENT 32. 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. The current plan check fee is $3,200.00 plus $35 per lot. 33. Condominium Plan: Prior to allowing occupancy for any and/or all buildings, the applicant shall submit a Condominium Plan for review by the City and recordation. 34. Preliminary Title Report: Upon submittal of the tentative map, the applicant shall provide a current Preliminary Title Report. 35. Private Easements: Prior to 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. 36. Monumentation for Final Map: Prior to recordation of the final map, the applicant shall provide security for setting all monuments shown on the map. 37. 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: Campbell Avenue a. Removal of two (2) existing driveway approaches and necessary sidewalk, curb and gutter. b. Removal of existing curb ramp, related sidewalk, curb and gutter as necessary to accommodate bulb out at corner of Campbell Avenue and Second Street. c. Removal of the existing pavement structural section to centerline related to the bulb out, or as required by the City Engineer. d. Removal of parking spaces on Campbell Avenue per the Traffic Engineer in order to accommodate the new bulb out. Attachment A - Conditions of Approval City Council Ordinance PLN2004-96- 175-201 E. Campbell Avenue - Planned Development Permit Page 8 - e. Installation of City standard curb, gutter, and sidewalk. f. Installation of pavement structural section to centerline related to the bulb out, or as required by the City Engineer. g. Installation of a City approved corner bulb out at the northwest corner of Campbell A venue and Second Street. The corner bulb out shall have decorative concrete as required by the City. h. Installation of ADA compliant curb ramp at the northwest corner of Campbell Avenue and Second Street. 1. Removal of existing street trees and installation of City specified street trees, tree wells, decorative tree grates and irrigation at 30 feet on center, or as required by the City Engineer. J. Installation and relocation of traffic control signs, stripes, posts, and related facilities, as required by the City Engineer. k. Protection, relocation, and/or installation of underground utilities including traffic signal, traffic communication control box, signal interconnection conduits, street lighting conduits, PG&E, Pac Bell, AT&T and other facilities as appropriate. 1. Show location of all utilities within the existing public right of way. m. Relocation of utility boxes, covers, poles, etc. outside of sidewalk area. No utility boxes, covers, etc. will be allowed in the sidewalk. n. Construction of conforms to existing public and private improvements, as necessary. Second Street f. g. h. 1. J. - k. a. Removal of one (1) existing driveway approach and necessary sidewalk, curb and gutter. b. Removal of the existing pavement structural section and installation of new pavement structural section to centerline related to the bulb out, or as required by the City Engineer. c. Removal of parking spaces on Second Street per the Traffic Engineer in order to accommodate the new bulb out. d. Installation of City standard curb, gutter, sidewalk and one (1) ADA compliant driveway approach. e. Removal of existing street trees and installation of City specified street trees, tree wells, decorative tree grates and irrigation at 30 feet on center, or as required by the City Engineer. Installation and relocation of traffic control signs, stripes, posts, and related facilities, as required by the City Engineer. Protection, relocation, and/or installation of underground utilities including traffic signal, traffic communication control box, signal interconnection conduits, street lighting conduits, PG&E, Pac Bell, AT&T and other facilities as appropriate. Installation and relocation of streetlights, conduits, conductors and related facilities in accordance with the City of Campbell's Street Lighting Policies. Installation of City approved park bench on sidewalk. Show location of all utilities within the existing public right of way. Relocation of utility boxes, covers, poles, etc. outside of sidewalk area. No utility boxes, covers, etc. will be allowed in the sidewalk. Attachment A - Conditions of Approval City Council Ordinance PLN2004-96- 175-201 E. Campbell Avenue - Planned Development Permit - Page 9 1. Construction of conforms to existing public and private improvements, as necessary. 38. Occupancy: Prior to allowing occupancy for any and/or all buildings, the applicant shall have the required street improvements installed and accepted by the City. 39. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer cleanout(s) shall be relocated or installed on private property behind the public right-of-way line. 40. Soils Report: Prior to recordation of the final map, the applicant shall provide a soils report prepared by a registered geotechnical or civil engineer. 41. 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. 42. Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant shall submit a utility coordination plan and schedule for approval by the City Engineer for installation and/or abandonment of all utilities. The plan shall clearly show the location and size of all existing utilities and the associated main lines; indicate which utilities and services are to remain; which utilities and. services are to be abandoned, and where new utilities and services will be installed. Joint trenches for new utilities shall be used whenever possible. 43. 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 of abandonment. Streets that have been resurfaced within the previous five years will require boring and jacking for all new utility installations. East Campbell Avenue and North Second Street have not been resurfaced 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 proj ect. 44. Grading and Drainage 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. The applicant must create positive drainage away from the parking structure. 45. Storm Drain Area Fee: Prior to recordation of the final map, the applicant shall pay the required Storm Drain Area fee of $2,575.00 per net acre, which is $1,478.00. 46. Stonnwater Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination Attachment A - Conditions of Approval City Council Ordinance PLN2004-96- 175-201 E. Campbell Avenue - Planned Development Permit Page 10 System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and the Campbell Municipal Code regarding stormwater pollution prevention. The primary objectives are to improve the quality and reduce the quantity of storm water runoff to the bay. Resources to achieve these objectives include Storm water 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 Storm water Quality: A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. 47. Covenants. Conditions. and Restrictions: Provide copies of CC&Rs for review by the City prior to recordation of the final map and CC&Rs. FIRE DEPARTMENT 48. Formal Plan Review: Review of this development proposal is limited to accessibility of site access and water supply as they pertain to fire department operations, and shall mot be construed as a substitute for formal plan review to determine compliance with adopted model codes. Prior to performing any work the applicant shall make application to, and receive from, the Building Division all applicable construction permits. 49. Required Fire Flow: The fire flow for this project is 3,750* gpm at 20 psi residual pressure. As an automatic fire sprinkler system will be installed, the fire flow has been reduced by 75% establishing a required adjusted fire flow of 1,500 gpm at 20 psi residual pressure. The adjusted fire flow is available from area water mains and fire hydrant(s) which are spaced at the required spacing. (*) - Fire flow is based upon Type V -I hour rated construction. 50. Automatic Fire Sprinkler System Required: Buildings requiring a fire flow in excess of 2,000 GPM or, in excess of two stories or 35 feet in height, shall be protected throughout by an automatic fire sprinkler system, hydraulically designed per National Fire Protection Association (NFPA) Standard #13. The system installation shall commence at the start of framing, and progress by level accordingly. 51. Standpipes Required: Buildings three stories or more in height, or where emergency access has been deemed minimal, shall be equipped with standpipes designed per NFPA Std.#14 , and be equipped with 2-l/2"inch hose valves, located within the stair enclosures(s). Note to developer: This system may be a combined system. 52. Fire Apparatus (Engine) Access Roads Required: Provide access roadways with a paved all weather surface, a minimum unobstructed width of 20 feet. Installations shall conform with Fire department standard details and Specifications sheet A-I. Attachment A - Conditions of Approval City Council Ordinance PLN2004-96- 175-201 E. Campbell Avenue - Planned Development Permit Page 11 ~ 53. Emergency Gate Access Requirements: Gate installations shall conform with Fire Department Standard Details and Specification G-l and when open shall not obstruct any portion of the required width for emergency access roadways or driveways. Locks, if provided, shall be Fire Department approved prior to installation. 54. Fire Lane Marking Required: Roadways deemed necessary to facilitate emergency vehicle access shall be identified in accordance with Fire Department Standard Details and Specifications A-6 and Local Government Standards. 55. Fire Department Key Box Required: The building shall be equipped with a permanently installed emergency access key lock box (Knox), conforming to Fire Department Standard Detail Specification Sheet K-l. At time of final inspection, access keys shall be provided to the Fire Department. 56. 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 backgrounds. 57. Building Classification: This building proposal most nearly represents a four-story building. The Architect shall reflect compliance with the 2001 California Building and Fire Code relative to the inclusion of area and occupancy separations as may be appropriate, exiting provisions to include enclosures, fire alarm and complying standpipe system. 58.Terrace Clearance: Regarding the new terrace over the rear access road, the minimum overhead clearance of 13'6" shall still apply. Please provide appropriate scaled drawings reflecting actual clearance in future submittals. It does appear that window rescue to the third floor unit facing the rear access road is still possible via ground ladders nearest the terrace. The fourth floor units are then not required to have rescue window capability REDEVELOPMENT AGENCY 59. Affordable Housing Units: Prior to issuance of building permits, the applicant shall execute an Owner Participation Agreement with the Redevelopment Agency to provide for cost sharing to provide below market rate housing units consistent with the Development and Disposition Agreement. Planning Division 60. Trash and Recycling Enclosure: The applicant shall submit details regarding the design and location of a trash and recycling enclosure(s) to the Planning Division for review and approval by the Community Development Director prior to the issuance of building permits for the proj ect. a. Trash and Recycling Containers of a size and quantity necessary to serve the new buildings shall be in areas approved by the Fire Department and Community Development Director. Attachment A - Conditions of Approval City Council Ordinance PLN2004-96- 175-201 E. Campbell Avenue - Planned Development Permit Page 12 b. Unless otherwise noted, enclosures shall consist of a concrete floor surrounded by a six- foot high solid wall and have decorative doors and designed to be architectural compatible to the buildings. The enclosure shall be constructed at grade level and have a level area adjacent to the trash enclosure area to service the containers. Driveways or aisles shall provide unobstructed access for collection vehicles and personnel and provide at least the minimum clearance required by the collection methods and vehicles utilized by the designated collector. The wall, gate and surface inside the enclosure must be kept in sound repair and condition. The refuse and recycling containers shall be kept in the enclosure at all times except when being emptied by collection personnel. c. Areas around trash enclosures, recycling areas, and/or trash compactor enclosures shall not discharge to the storm drain system. Any drains installed in or beneath dumpster and compactor facilities shall be connected to the sanitary sewer. The applicant shall contact the West Valley Sanitation District for specific connection and discharge requirements. .-