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PD Permit - 2005ORDINANCE NO. 2078 BEING AN ORDINANCE OF THE CITY COUNCIL THE CITY OF CAMPBELL APPROVING A REINSTATEMENT AND EXTENSION OF APPROVAL (PLN2005-155) OF A PREVIOUSLY APPROVED PLANNED DEVELOPMENT PERMIT (PLN2000-88) AND TREE REMOVAL PERMIT (PLN2000-109) TO ALLOW THE CONSTRUCTION OF AN OFFICE BUILDING, HOTEL AND TWO PARKING STRUCTURES ON PROPERTY OWNED BY CAMPBELL DEVELOPMENT PROPERTY ASSOCIATES LOCATED AT 649 CREEKSIDE WAY IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. DON BRAGG, ON BEHALF OF PROMETHEUS REAL ESTATE GROUP. FILE NO: PLN2005-155. After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the City Council did find as follows with respect to application PLN2005-155: SECTION ONE: That this Ordinance be adopted to approve the Reinstatement and Extension of Approval (PLN2005-155) of a previously approved Planned Development Permit (PLN2000-88) and Tree Removal Permit (PLN2000-109) with the attached conditions of approval (attached Exhibit A). SECTION TWO: This Ordinance shall become effective thirty (30) days following its passage and adoption and shall be published, one time within fifteen (15) days upon passage and adoption in the Campbell Express, a newspaper of general circulation in the City of Campbell, County of Santa Clara. PASSED AND ADOPTED this ?: following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: st day of November 2006, by the Kef¢nedy, Hernandez, Burr, Furtado, Watson None None None APPROVED: ~ ..~ ,_ __-----_..._..___ J nette Watson, Mayor .~ ~~ ~.~~ ATTEST: Anne Bybee, City Clerk Exhibit A -Conditions of Approval PLN2005-155 -649 Creekside Way --Reinstatement and Extension of Approval Planned Development Permit and Tree Removal Permit Page 1 THEREFORE, BE IT RESOLVED that the City Council approves the Reinstatement and Extension of Approval (PLN2005-155) of a previously approved Planned Development Permit (PLN2000-88) and Tree Removal Permit (PLN2000-109) to allow the construction of an office building, hotel and two parking structures on property owned by Campbell Development Property Associates located at 649 Creekside Way in a P-D (Planned Development) Zoning District. The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions in accordance with the ordinances of the City of Campbell and the State of California. The lead department with which the applicant will work is identified on each condition where necessary. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified: COMMUNITY DEVELOPMENT DEPARTMENT 1. Declaration of Acceptance of All Conditions: Within thirty (30) days of Council approval shall file with the City Clerk a Declaration of Acceptance of all conditions. Until said Declaration is filed, the proposed Planned Development Permit shall not be valid for any permits sought from the City. 2. Approved Proiect: Approval is granted to construct amixed-use development including a 170,000 square foot office building; a 210-room hotel and two related parking structures on property located at 649 Creekside Way. The building and site design shall substantially conform to the site plan and elevations prepared by Gensler, Architect, dated July 25, 2000 and September 25, 1998, consisting of 17 sheets, except as may be modified by the Conditions of Approval herein. 3. Performance: A. Failure to comply with any "Performance" condition shall invalidate the Planned Development Permit. B. The applicant or its successor shall meet the following performance standards to vest construction rights under the Planned Development Permit: 1) Within three (3) years of the effective date of the Planned Development Permit, the applicant or its successor shall have paid building permit fees and shall have the first standard inspections for the foundation forms and footings passed by the Building Division for both the office and hotel developments. 2) Construction of the office building shall not commence prior to substantial work and liabilities being incurred in good faith reliance upon the hotel building permit, except as provided in the "Development Phasing Agreement" (the "Agreement") attached as Exhibit A of this Planned Development Permit. Exhibit A -Conditions of Approval PLN2005-155 -649 Creekside Way --Reinstatement and Extension of Approval Planned Development Permit and Tree Removal Permit Page 2 For purposes of this condition, "substantial work and liabilities" shall be defined as building permit fees paid, a building permit for the hotel issued and the first standard inspections for the foundation forms and footings passed by the Building Division. 3) Under no circumstances shall a building permit be issued for the office development until and unless the hotel parcel is transferred to Creekside Hotel, LLC or other hotel development entity approved by the City. 4. Building Elevations, Details and Colors: The applicant shall submit detailed building elevations and exhibits depicting high quality materials with significant architectural details for the new buildings and parking structures. Detailed elevations and exhibits shall be reviewed by and approved by the Site and Architectural Review Committee (SARC), prior to the issuance of building permits. Project details include, but are not limited to, the following: A. Provision of details of materials to be used for exterior walls and glazing and architectural accents. B. Provision of a color/material sample board specifying color palette, textures and materials. C. Provision of roof samples that show the color and material of the proposed roofing. D. Provision of window schedules for high quality windows and window treatments showing the windows recessed from the outer wall of the building. E. The hotel color scheme shall be muted and final colors for the project shall be subject to approval of SARC. F. Additional enhancements shall be made to the sound wall, retaining wall and the first floor of the hotel to enhance elevations visible to the public, subject to approval by SARC. G. Enhance the elevations of the parking garages by incorporating architectural elements from the approved building designs, subject to approval by SARC. H. Provide documentation that the building materials will not cause a reflected glare, subject to approval by SARC. 5. Landscaping: The applicants shall submit four copies of a detailed landscape and irrigation plan to be reviewed and approved by the Community Development Director, prior to issuance of any building permits for the site. A. The applicant shall work with the City and Caltrans to landscape the excess Caltrans right-of-way on the north side of the site, between the Highway 17 off ramp and Hamilton Avenue, using drought tolerant plant material. The City will not delay the issuance of building permits as long as the coordination between the applicants and Caltrans is underway. Exhibit A -Conditions of Approval PLN2005-155 -649 Creekside Way --Reinstatement and Extension of Approval Planned Development Permit and Tree Removal Permit Page 3 B. Fifty percent of trees planted on site shall be a minimum 24-inch boxed size and fifty percent shall be 36-inch boxed tree sizes. All shrubs shall be a minimum of 5-gallon size. C. Final landscape plans shall increase the density of landscaping material. Where mature trees are removed, 36-inch box trees shall be planted. D. Removal of any trees shall require replacement of trees on site in accordance with replacement standards of the City's Water Efficient Landscape Standards (WELS) and the Tree Protection Ordinance. E. All landscaping installed as required per the approved landscape plan shall be maintained in good health. F. Applicant shall obtain encroachment permits from the City of Campbell for all work performed within the right-of-way. G. The landscape plan shall illustrate appropriate quantities and sizes of plant materials to ensure buffering of buildings/structures and parking areas. H. All landscaping shall be installed prior to building occupancy for each building. I. The applicant shall protect existing trees during construction to ensure their continued health. Protective fencing shall be installed around the drip line of the trees and the recommendations of a certified arborist shall be followed to ensure the safety of the trees. Plans for the protective fencing and the recommendations of a certified arborist shall be reviewed and approved prior to the issuance of building permits. Damaged trees shall be replaced according to the provisions of the Tree Protection Ordinance. 6. Fences and Wall Plan: A decorative wall plan shall be provided for the retaining wall between the surface parking area and the freeway and the screen wall between the hotel site and the public right-of-way, to the satisfaction of the Community Development Director. Such walls shall be a design that incorporates architectural details and materials that complement the building and site. The wall design shall be submitted for review and approval by the Community Development Director, prior to the issuance of building permits. 7. ParkincLand Drivewa rLs: All parking and driveway areas shall be developed in compliance with the approved plans, subject to the review of the Community Development Director. 8. Signing Program: No signing is approved as a part of this development application approved herein. The applicant shall submit a sign program indicating all signs for the site. No sign shall be installed until such application is approved and a permit issued by the Community Development Director as specified in Chapter 21.53 of the Zoning Ordinance (Sign Ordinance). Exhibit A -Conditions of Approval PLN2005-155 -649 Creekside Way --Reinstatement and Extension of Approval Planned Development Permit and Tree Removal Permit Page 4 9. Mechanical Equipment: All roof mounted and ground mounted equipment shall be screened with architecturally compatible materials, subject to approval of the Community Development Director, prior to the issuance of building permits. 10. Garbage Collection: Trash Containers of a size and quantity necessary to serve the new building shall be in areas approved by the Fire Department and Community Development Director. Unless otherwise noted, enclosures, shall consist of a concrete floor surrounded by a solid wall or fence and have self closing doors of a size specified by the Fire Department. All enclosures to be constructed at grade level and have a level area adjacent to the trash enclosure area to service the containers and to be architecturally compatible with the building walls. 11. Acoustical Study: Applicant shall pay for a noise study, to be conducted by a consultant to the City, and implement any recommended mitigation measures prior to issuance of a Certificate of Occupancy for any building. BUILDING DIVISION 12. Permits Required: A building permit application shall be required for the proposed structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 13. Construction Plans: The conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 14. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. 15. 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 civil engineer specializing in soils mechanics. 16. 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: • pad elevation • finish floor elevation (first floor) • foundation corner locations Exhibit A -Conditions of Approval PLN2005-155 -649 Creekside Way --Reinstatement and Extension of Approval Planned Development Permit and Tree Removal Permit Page 5 17. 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. 18. Special Inspections: When a special inspection is required by U.B.C. Section 1701, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the building permits, in accordance with U.B.C Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 19. Non-Point Source Pollution Control Proaram Specification Sheet: 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. 20. Title 24 Accessibility -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. 21.Approvals Reauired: The project requires the following agency approval prior to issuance of the building permit: A. West Valley Sanitation District B. Santa Clara County Fire Department C. School District: i. Campbell Union School District (378-3405) ii. Campbell Union High School District (371-0960) iii. Moreland School District (874-2900) SANTA CLARA COUNTY FIRE DEPARTMENT 22. Review Limitations: Review of this development proposal is limited to acceptability of site access and water supply as they pertain to Fire Department operations and shall not be construed as a substitute for formal plan review to determine compliance with adopted model codes. Prior to performing any work, the applicant shall apply to the Building Department for applicable construction permits. 23. Reauired Fire Flow: Required fire flow for this project is 1,500 GPM at 20 psi residual pressure. The final adjusted fire flow for the largest of the buildings on the site (office building) using the fire code allowances for Type 1-fire resistive construction. This figure was derived by computing three floors total area and then allowing fora 75 % reduction in fire flow by virtue of the fire sprinkler provision. Exhibit A -Conditions of Approval PLN2005-155 -649 Creekside Way --Reinstatement and Extension of Approval Planned Development Permit and Tree Removal Permit Page 6 24.Automatic Fire Sprinkler System Required: Buildings requiring a fire flow in excess of 2,000 GPM or in excess of two stories in height or 35 feet in height shall be equipped throughout with an approved automatic fire sprinkler system. The fire sprinkler system shall be hydraulically designed per National Fire Protection Association (NFPA) Standard #13, 1994 Edition. 25. Final Reauired Fire Flow: Required fire flow may be reduced up to 50% in buildings equipped with automatic fire sprinkler systems but can be no less than 1500 GMP. Therefore, the final required fire flow is 3,750 GPM at 20 psi residual pressure. This flow shall be taken from any two fire hydrants, on or near the site, as long as they are spaced at a maximum spacing of 250 feet. 26. Public Fire Hydrant(s) Required: Provide public fire hydrant(s) at location(s) to be determined jointly by the Fire Department and the San Jose Water Company. Maximum hydrant spacing shall be 250 feet, with a minimum single hydrant flow of 1500 GPM at 20 psi, residual. If area fire hydrants exist, reflect their location on the civil drawings included with the building permit submittal. Required fees to be paid ASAP to prevent engineering delays. 27. Private Fire HYdrant(s) Required: Provide five private on-site fire hydrant(s) installed per NFPA Std. #24, at location(s) to be determined by the Fire Department. Maximum hydrant spacing shall be 250 feet and the minimum single flow hydrant shall be 1500 GMP at 20 psi residual pressure. Prior to design, the project civil engineer shall meet with the Fire Department water supply officer to jointly spot the hydrant locations. 28. Timing of Required Water Supply Installations: Required Fire Service and Fire Hydrant installations shall be installed tested and accepted by the Fire Department prior to the start of framing. Bulk construction materials shall not be delivered to the site until installations are completed as stated above. Building permit issuance may be withheld until installations are completed. The staging and use of combustible concrete forming lumber for the hotel concrete production will be allowed up to the 35' height only without the benefit of an on-site water supply. After the 35' height of the building has been attained, approved and operable standpipes shall be provided within the building per the Fire Code. The installation of ladder pads for the sake of ground ladder operations on the West side of the office building will not be required. 29. Hose Valves/Standpipes Required: Buildings three stories or more in height, or where emergency access has been deemed minimal, shall be equipped with approved standpipes and 2 %Z-inch-hose valves located in the stair enclosure. Exhibit A -Conditions of Approval PLN2005-155 -649 Creekside Way --Reinstatement and Extension of Approval Planned Development Permit and Tree Removal Permit Page 7 30. Fire Apparatus Ladder Truck) Access Roads Reauired: Provide access roadways with a paved all weather surface and a minimum unobstructed width of 30 feet, vertical clearance of 13 feet, 6 inches; minimum circulating turning radius of 45 feet outside and 31 feet inside; a maximum slope of 10% and vehicle loading of 52,000 pounds. 31. Fire Department Engine) Roadway Turn-Around Reouired: Provide an approved Fire Department engine roadway turnaround with a minimum radius of 36 feet outside and 23 feet inside. Installations shall conform to Fire Department Standard Details and Specifications A-1. Cul-de-sac diameters shall be no less than 72 feet. 32. Fire Land Markings Required: Provide markings for all roadways within the project. Markings shall be per Fire Department specifications. Installations shall also conform to Local Government Standards and Fire Department Standard Details and Specifications A-6. 33. Parking Along Roadways: The required width of fire access roadways shall not be obstructed in any manner. Parking shall not be allowed along roadways less than 28 feet in width. Parking will be allowed along one side of the street for roadways 28-35 feet in width. For roadways equal to or greater than 36 feet, parking will be allowed on both sides of the roadway. Roadway widths shall be measured face to face of curb. Parking spaces are based on an 8 foot wide space. 34.Timing of Required Roadway Installations: Required driveways and/or access roads through first lift of asphalt shall be inspected and accepted by the Fire Department prior to the start of construction. Bulk combustible materials shall not be delivered to the site until installations are completed as stated above. Building permit issuance may be held until installations are completed. 35. Fire Department Kev Box Required: Provide an approved Fire Department key box and appropriate building keys. Installations shall conform to Fire Department Standard Detail and Specification K-1. 36. Fire Apparatus Site Access and Turn Around (Rear Yard of Hotel): It is noted that in meetings with a previous applicant, fire apparatus site access and turn-around within the rear yard area of the hotel is required. Additionally, should the project be constructed in phases, similar site access to the North-West corner of the hotel shall be provided. Contact the Fire Department for further details, if necessary. 37. Hose Valve Requirements -Parking Structures: The parking structures shall also comply with the hose valve requirements identified in the early developmental review comments. Exhibit A -Conditions of Approval PLN2005-155 -649 Creekside Way --Reinstatement and Extension of Approval Planned Development Permit and Tree Removal Permit Page 8 38. No Obstructions within Emergency Vehicle Access way Between Hotel and Office Buildin s: The landscape plan reflects a raised planter within the perimeter of the 20-foot emergency vehicle access way, located between the hotel and offrce building. There shall be no physical obstructions located within this area. 39. Emergency Gate/Access Gate Requirements: When open, gates shall not obstruct any portion of the required access roadway or driveway width. If provided, all locks shall be Fire Department approved. Installations shall conform to Fire Department Standard Details and Specifications G-1. PUBLIC WORKS DEPARTMENT 40. Preliminary Title Report: Prior to issuance of any grading or building permits for the site, the applicant shall provide a current (within the past 6 months) Preliminary Title Report. 41. Right-of-Way for Public Street Purposes: Prior to issuance of any grading or building permits for the site, the applicant shall fully complete the process to cause additional right-of-way to be granted in fee for public street purposes along the Creekside Way frontage to accommodate a 10 foot sidewalk from existing face of curb. The applicant shall submit the necessary documents for approval by the City Engineer, process the submittal with City staffs comments and fully complete the right-of-way process. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. 42. Public Service Easement: Prior to issuance of any grading or building permits for the site, the applicant shall grant a 5 foot public service easement on private property contiguous with the public right-of-way along the Creekside Way frontage. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. 43. Easements: Prior to issuance of any grading or building permits for the site, the applicant shall obtain construction easements as needed to complete the construction of the new signalized intersection and obtain and cause easements as necessary to be recorded for traffic signal maintenance for both the east and west legs of the new signalized intersection. The applicant shall cause all documents to be prepared by a registered civil engineer/surveyor and submitted to the City for review and recordation. 44. Street Improvements: Prior to issuance of any grading or building permits for the site, 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 Exhibit A -Conditions of Approval PLN2005-155 -649 Creekside Way --Reinstatement and Extension of Approval Planned Development Permit and Tree Removal Permit Page 9 encroachment permit for construction of the standard public street improvements, as required by the City Engineer. The plans shall include the following: A. Show location of all existing utilities within the new and existing public right of way. B. Relocation of all existing utilities including utility boxes, covers, poles, etc. outside of sidewalk area. No utility boxes, covers, etc. will be allowed in the sidewalk area. C. Removal of existing driveway approaches, streetlights, sidewalk, curb and gutter. D. Installation of City approved street trees, tree wells and irrigation at 30 feet on center. E. Installation of City standard curb, gutter, sidewalk and ADA compliant driveway approaches. F. Installation of asphalt concrete overlay per street pavement restoration plan for utility installation and/or abandonment, as required by the City Engineer. G. Installation of streetlights, conduits, conductors and related facilities in accordance with the City of Campbell's Street Lighting Policies. H. Installation of traffic control, stripes and signs. I. New signalized intersection at the proposed northerly entrance to the development. Signalization shall also incorporate driveway of the office park development to the east of the project site. Intersection improvements shall include necessary signing and striping, accessibility ramps, interconnect cable to adjacent intersections, street lighting, median island modifications and shall address visibility concerns. Plans shall include full topography of the existing improvements in and adjacent to all the public right-of-way surrounding the new intersection and shall show proposed improvements. New intersection shall be interconnected with adjacent signals. J. Construction of conforms to existing public and private improvements, as necessary. 45.Additional Street Improvements: Should any new utility main lines or other work required to service the development affect any public improvements, the City may add conditions to the development/project, at the discretion of the City Engineer, to restore pavement or other public improvements to the satisfaction of the City. 46.Occuoancy: Prior to allowing occupancy for any and/or all buildings, the applicant shall have the required street improvements installed and accepted by the City, and the design engineer shall submit as-built drawings to the City. 47. Campisi Way Contribution: Prior to issuance of building or grading permits The applicant shall reimburse the City $350,000 in cash, as a proportional share of the cost to extend Campisi Way to the Pruneyard property consistent with the Circulation Element of the Campbell General Plan. Exhibit A -Conditions of Approval PLN2005-155 -649 Creekside Way --Reinstatement and Extension of Approval Planned Development Permit and Tree Removal Permit Page 10 48. Maintenance of Landscaping: Owner(s), current and future, are required to maintain the landscaped park strip and tree wells in the public right of way. This includes, but is not limited to: trees, lawn, plantings, irrigation, etc. Trees shall not be pruned in a manner that would not allow the tree to grow to a mature height. 49. Utility Encroachment Permit: Separate permits for the installation of utilities to serve the development will be required (including water, sewer, gas, electric, etc.). Applicant shall apply for and pay all necessary fees for utility permits for sanitary sewer, gas, water, electric and all other utility work. 50. 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. 51.Traffic Improvements: Prior to issuance of any grading or building permits for the site, the applicant shall contribute $50,000 to the City of Campbell for the purchase and installation of miscellaneous traffic signal improvements at the adjacent signalized intersection to allow the new signal to be interconnected. (Purchase and installation by the City shall include video detection equipment for the intersections of Creekside/Highway 17 and Campisi/Bascom, new controller for Creekside/Campisi, and connection of the new video cameras to the SMART Corridor fiber optic system.) 52. 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. 53. 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. 54. Pavement Restoration: Based on the utility coordination plan, the applicant shall prepare a pavement restoration plan for approval by the City Engineer prior to any utility installation or abandonment. Streets that have been reconstructed or overlaid within the previous five years will require boring and jacking for all new utility installations. Campisi Way has not been reconstructed or overlaid in the last 5 years. The pavement restoration plan shall indicate how the street pavement shall be Exhibit A -Conditions of Approval PLN2005-155 -649 Creekside Way --Reinstatement and Extension of Approval Planned Development Permit and Tree Removal Permit Page 11 restored following the installation or abandonment of all utilities necessary for the project. 55. 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. 56. Santa Clara Vallev Water District (SCVWD): Prior to issuance of any permits for grading, landscaping, or building, the applicant shall obtain a clearance from the SCVWD. 57. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and the Campbell Municipal Code regarding stormwater pollution prevention. Specifically the project must include source control, site design and treatment measures to achieve compliance with Provision C.3. of the NPDES Permit. Measures may include, but are not limited to, minimization of impervious surface area, vegetated swales, infiltration areas, and treatment devices. The primary objectives are to improve the quality and reduce the quantity of stormwater runoff to the bay. Resources to achieve these objectives include Stormwater Besf 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 Qualify 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 Qualify: A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. A. Upon submission of the preliminary site/grading plans, the applicant shall calculate and submit to the City the amount of impervious surface created by the development including the types of stormwater controls to be used. B. Prior to issuance of grading or building permits the applicant's designer or engineer shall submit the required certification indicating that sizing, selection, and design of treatment BMP's for the project site has been completed to meet the requirements of the City of Campbell's NPDES permit, No. 01-119, Provision C.3. Exhibit A -Conditions of Approval PLN2005-155 -649 Creekside Way --Reinstatement and Extension of Approval Planned Development Permit and Tree Removal Permit Page 12 C. The applicant shall also comply with any other or new conditions as required by the City of Campbell's most current NPDES permit. Prior to occupancy, a qualified BMP certifier is required to inspect the stormwater management facilities, submit a complete set of as-built drawings to Public Works Engineering, and certify on these drawings that: A. The stormwater management facilities were constructed in compliance with the approved plans. B. The as-built drawings show all pertinent constructed dimensions, elevations, shapes, and materials; C. All variations in construction from the approved design plan have been identified, including omissions to and additions from the approved plan; and D. Any changes are in conformance with local, state, or federal regulations. Prior to occupancy, the applicant shall provide security for the operation and maintenance of stormwater pollution prevention measures installed or provided as a part of this project. Prior to issuance of any grading or building permits the applicant shall sign the "Covenants for the Operation and Maintenance of stormwater Facilities" and submit a stormwater Management Plan. 58. State General Construction Activity Permit: Prior to issuance of any grading or building permits, the applicant shall comply with the State General Construction Activity Permit requirements including paying fees, filing a Notice of Intent and providing a Storm Water Pollution Prevention Plan (SWPPP). The applicant shall provide the City with a copy of the filed Notice of Intent and SWPPP. 59.Agreements/CC&R's for Surface Parking: Any agreements and/or CC&R's that obligate the existing surface parking on this site to benefit the office building to the east shall be amended to reflect the parking obligation transferring to Parking Garage D, to the satisfaction of the Community Development Director, the City Engineer and the City Attorney. INSTRUCTION PAGE 1. Highlighted portions are instructions to the Agreement drafters. 2. Use "mark up" function to allow for easy reviewing. 3. Many options are provided or can be inserted and drafter needs to work with the District Maintenance Units to select the needed ones. 4, In cases where Agreements need clauses which are not already provided for in this template, they can be added to suit their specific needs. The Agreement must be reviewed/approved by Headquarters Legal prior to execution. ORDINANCE NO. 2086 BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A PLANNED DEVELOPMENT PERMIT (PLN2006-179) FOR A SEVEN-STORY, 162-ROOM HOTEL ON PROPERTY OWNED BY CAMPBELL CREEKSIDE, LLC, LOCATED AT 649-655 CREEKSIDE WAY IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. JEFF WARMOTH. FILE NO: PLN2006-179. 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 PLN2006-179: SECTION ONE: That this Ordinance be adopted to approve a Planned Development Permit (PLN2006-179) for aseven-story, 162-room hotel with the attached conditions of approval (attached Exhibit A). SECTION TWO: This Ordinance shall become effective thirty (30) days following its passage and adoption and shall be published, one time within fifteen (15) days upon passage and adoption in the Campbell Express, a newspaper of general circulation in the City of Campbell, County of Santa Clara. PASSED AND ADOPTED this stn day of august 2007, by the following roll call vote: AYES: COUNCILMEMBERS: xennedy, xernandez, Low, Burr, Furtado NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None , APPROVED: Daniel E. rtado, Mayor ATTES ~` ~ ~`~- A ne Bybee; Oity-C~ ~ J Exhibit A -Conditions of Approval PLN2006-179 - 649-655 Creekside Way -Planned Development Permit Page 1 THEREFORE, BE IT RESOLVED that the City Council approves a Planned Development Permit (PLN2006-179) for aseven-story, 162-room hotel on property owned by Campbell Creekside, LLC, located at 649-655 Creekside Way in a P-D (Planned Development) Zoning District. The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions in accordance with the ordinances of the City of Campbell and the State of California. The lead department with which the applicant will work is identified on each condition where necessary. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified: COMMUNITY DEVELOPMENT DEPARTMENT 1. Declaration of Acceptance of All Conditions: Within thirty (30) days of Council approval, the applicant shall file with the City Clerk a Declaration of Acceptance of all conditions. Until said Declaration is filed, the proposed Planned Development Permit shall not be valid for any permits sought from the City. 2. Approved Project: Approval is granted for a Planned Development Permit to construct a 162-room hotel on property located at 649-655 Creekside Way. The building and site design shalt substantially conform to the site plan and elevations prepared by Steinberg Architects, dated April 11, 2007, consisting of 17 sheets, except as may be modified by the Conditions of Approval herein. 3. Performance: a. Failure to comply with any "Performance" condition shall invalidate the Planned Development Permit. b. The applicant or its successor shall meet the following performance standards to vest construction rights under the Planned Development Permit: 1) By the previously approved Planned Development extension date of December 11, 2008 (pursuant to PLN2005-155), the applicant or its successor shall have paid building permit fees and shall have the first standard inspections for the foundation forms and footings passed by the Building Division. 2) In the event that the office development at 900 E. Hamilton Avenue needs more parking spaces to service its tenants and patrons other than are available on the premises of 900 E. Hamilton Avenue, the applicant shall provide such additional parking within 300 feet of 900 E. Hamilton Avenue to Exhibit A -Conditions of Approval PLN2006-179 - 649-655 Creekside Way -Planned Development Permit Page 2 meet the City's condition of approval of 1 space per 288 square feet for 900 E. Hamilton Avenue. Any future private agreement which reduces the amount of required parking below that required by the City's condition of approval for 900 E. Hamilton Avenue shall require the review and approval of the City Attorney and Community Development Director. 4. Landscaping: The applicant shall submit four copies of a detailed landscape and irrigation plan and an arborist report for review and approval by the Community Development Director, prior to issuance of any building permit for the site. a. The applicant shall work with the City and Caltrans to landscape the excess Caltrans right-of-way on the north side of the site, between the Highway 17 off ramp and Hamilton Avenue, using drought tolerant plant material. The City will not delay the issuance of building permits as long as the coordination between the applicants and Caltrans is underway. b. Fifty percent of trees planted on site shall be a minimum 24-inch boxed size and fifty percent shall be 36-inch boxed tree sizes. All shrubs shall be a minimum of 5-gallon size. c. Final landscape plans shall increase the density of landscaping material. Where mature trees are removed, 36-inch box trees shall be planted. d. Removal of any trees shall require replacement of trees on site in accordance with replacement standards of the City's Water Efficient Landscape Standards (WELS) and the Tree Protection Ordinance. e. All landscaping installed as required per the approved landscape plan shall be maintained in good health. f. Provide interlocking pavers in sidewalk area to strengthen connection to light-rail paving. g. Applicant shall obtain encroachment permits from the City of Campbell for all work performed within the right-of-way. h. The landscape plan shall illustrate appropriate quantities and sizes of plant materials to ensure buffering of buildings/structures and parking areas. i. All landscaping shall be installed prior to building occupancy of the building. j. The applicant shall protect existing trees during construction to ensure their continued health. Protective fencing shall be installed around the drip fine of the trees and the recommendations of a certified arborist shall be followed to ensure the safety of the trees. An arborist report and plan with these recommendations, prepared by a certified arborist, shall be submitted by the applicant for review and approval prior to the issuance of any building permit (including a demolition permit). Damaged trees shall be replaced according to the provisions of the Tree Protection Ordinance. 5. Fences and Wall Plan: A decorative wall plan shall be provided prior to the issuance of a building permit for the retaining wall between the surface parking area and the freeway and the screen wall between the hotel site and the public right-of-way, to the Exhibit A -Conditions of Approval PLN2006-179 - 649-655 Creekside Way -Planned Development Permit Page 3 satisfaction of the Community Development Director. Such walls shall be a design that incorporates architectural details and materials that complement the building and site. The wall design shall be submitted for review and approval by the Community Development Director, prior to the issuance of any building permit. 6. Window Framing: The applicant shall submit a revised window frame specification for the hotel rooms, subject to approval by the Community Development Director prior to the issuance of any building permit. 7. Parking and Driveways: All parking and driveway areas shall be developed in compliance with the approved plans, subject to the review of the Community Development Director prior to the issuance of any building permit. 8. Interlocking Unit Pavers: Applicant shall provide a plan and specifications for interlocking unit pavers along the sidewalk area towards the Hamilton light-rail station, which shall either match or substantially compliment the current pavers installed at the station, for review and approval by the Community Development Director prior to the issuance of any building permit. 9. Mechanical Equipment: Plans showing all roof mounted and ground mounted equipment shall be screened with architecturally compatible materials, shall be submitted for review and approval of the Community Development Director, prior to the issuance of any building permit. 10. Garbage Collection: Trash containers of a size and quantity necessary to serve the new building shall be located in areas approved by the Fire Department and Community Development Director. Unless otherwise noted, enclosures, shall consist of a concrete floor surrounded by a solid wall or fence and have self closing doors of a size specified by the Fire Department. All enclosures to be constructed at grade level and have a level area adjacent to the trash enclosure area to service the containers and to be architecturally compatible with the building walls. The trash collection plan shall be shall be submitted for review and approval of the Community Development Director, prior to the issuance of any building permit. 11. Lighting: After dark lighting associated with the project include both direct and indirect sources. Direct lighting sources will include parking lot lighting and the building signs. Indirect lighting sources will include the full-height (seven story) glass hinge (elevator lobbies) and stairwells, and the ground floor Porte-cochere, entrance and lobby. Lighting Plans shall be submitted by the applicant for review and approval of the Community Development Director prior to issuance of any building permit. 12. Photometric Study of Illuminated Signs: A photometric study will be prepared to determine if any restrictions are necessary on the hours that the illuminated signs shall remain illuminated. If impacts are found to result from said signs, the Exhibit A -Conditions of Approval PLN2006-179 - 649-655 Creekside Way -Planned Development Permit Page 4 Community Development Director will condition a scheduled time to dim the illumination level of these signs or require that the illumination of the two wall- mounted freeway-oriented signs be completely turned off at a specified time each day. 13. Sound (Acoustical) Study: A sound (acoustical) study will be prepared to serve as a baseline for ambient levels and proposed sound impacts that result from the development of this project site. The results of the sound study will be provided to the Community Development Director. 14. Planning Conditions with Required Review by the Community Development Director: Conditions 4 through 13 above require the review and approval of the Community Development Director prior to the issuance of a building permit. Submittals not approved to the satisfaction of the Community Development Director shall require review and approval by the Planning Commission at a duly noticed public hearing. BUILDING DIVISION 15. Permits Required: A building permit application shall be required for the proposed new commercial hotel structure. The building permit shall include Electrical/Plumbing/Mechanical 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. 19. Site Plan: Application for building permit shall include a comprehensive site plan that identifies property and proposed structures with dimensions and elevations as appropriate. Site plan shall also include thorough 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 Plan: 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. This project is Exhibit A -Conditions of Approval PLN2006-179 - 649-655 Creekside Way -Planned Development Permit Page 5 also situated in proximity to areas identified as subject to liquefaction. Engineer of record shall certify status of project's relationship to requirements of the California State Geologist, Seismic Hazard Zones of Required Investigation. 21. Foundation Inspection: 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 comer 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 Inspection: When a special inspection is required by U.B.C. Section 1701, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the building permits, in accordance with U.B.C Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 24. 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 Accessibility -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: Project shall fully comply with California Title 24 Access Requirements. 27. Approvals Required: The project requires the following agency approval prior to issuance of the building permit: a. West Valley Sanitation District b. Santa Clara County Fire Department c. School Districts: Exhibit A -Conditions of Approval PLN2006-179 - 649-655 Creekside Way -Planned Development Permit Page 6 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. SANTA CLARA COUNTY FIRE DEPARTMENT 29. Review Limitations: Review of this development proposal is limited to acceptability of site access and water supply as they pertain to Fire Department operations and shall not be construed as a substitute for formal plan review to determine compliance with adopted model codes. Prior to performing any work, the applicant shall apply to the Building Department for applicable construction permits. 30. Required Fire Flow: Required fire flow for this project is 3,250 GPM at 20 psi residual pressure based on proposed I-F.R. construction type. As an automatic fire sprinkler system will be installed, the fire flow has been reduced by 50% establishing a required adjusted fire flow of 1,625 gpm at 20 psi residual pressure. 31. Automatic Fire Sprinkler System Required: Buildings requiring a fire flow in excess of 2,000 GPM or in excess of two stories in height or 35 feet in height shall be equipped throughout with an approved automatic fire sprinkler system. The fire sprinkler system shall be hydraulically designed per National Fire Protection Association (NFPA) Standard #13, 1994 Edition. 32. Public Fire Hydrant(sl Required: Provide public fire hydrant(s) at location(s) to be determined jointly by the Fire Department and the San Jose Water Company. Maximum hydrant spacing shall be 250 feet, with a minimum single hydrant flow of 1500 GPM at 20 psi, residual. If area fire hydrants exist, reflect their location on the civil drawings included with the building permit submittal. Required fees to be paid ASAP to prevent engineering delays. Identify the location of the existing and new proposed fire hydrants on the site plan. 33. Private Fire Hydrant(s) Required: Provide 3 private on-site fire hydrant(s) installed per NFPA Std. #24, at location(s) to be determined by the Fire Department. Maximum hydrant spacing shall be 250 feet and the minimum single flow hydrant Exhibit A -Conditions of Approval PLN2006-179 - 649-655 Creekside Way -Planned Development Permit Page 7 shall be 1500 GMP at 20 psi residual pressure. Prior to design, the project civil engineer shall meet with the Fire Department water supply officer to jointly spot the hydrant locations. Identify the location of all on-site hydrants. 34. Fire Hydrant Location Identifier: Prior to the project final inspection, the general contractor shall ensure that an approved ("Blue Dot") fire hydrant location identifier has been placed in the roadway, as directed by the Fire Department. 35. Timing of Required Water Supply Installations: Required Fire Service and Fire Hydrant installations shall be installed tested and accepted by the Fire Department prior to the start of framing. Bulk construction materials shall not be delivered to the site until installations are completed as stated above. Building permit issuance may be withheld until installations are completed. 36. Hose Valves/Standpipes Required: Buildings three stories or more in height, or where emergency access has been deemed minimal, shall be equipped with approved standpipes and 2'/Z-inch hose valves located in the stair enclosure. 37. Fire Lane Marking Required: Provide marking for all roadways within the project. Markings shall be per fire department specifications. Installations shall also conform to Local Government Standards and Fire Department Standard Details and Specifications A-6. 38. Parking Along Roadways: The required width of fire access roadways shall not be obstructed in any manner. Parking shall not be allowed along roadways less than 28 feet in width. Parking will be allowed along one side of the street for roadways 28-35 feet in width. For roadways equal to or greater than 36 feet, parking will be allowed on both sides of the roadway. Roadway widths shall be measured face to face of curb. Parking spaces are based on an 8 foot wide space. 39. Timing of Required Roadway Installations: Required driveways and/or access roads through first lift of asphalt shall be inspected and accepted by the Fire Department prior to the start of construction. Bulk combustible materials shall not be delivered to the site until installations are completed as stated above. Building permit issuance may be held until installations are completed. 40. Fire Department Key Box Required: Provide an approved Fire Department key box and appropriate building keys. Installations shall conform to Fire Department Standard Detail and Specification K-1. 41. Premises Identification: Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their background Exhibit A -Conditions of Approval PLN2006-179 - 649-655 Creekside Way -Planned Development Permit Page 8 PUBLIC WORKS DEPARTMENT 42. Preliminary Title Report: Prior to issuance of any grading or building permits for _ the site, the applicant shall provide a current (within the past 6 months) Preliminary Title Report. 43. Right-of-Way for Public Street Purposes: Prior to issuance of any grading or building permits for the site, the applicant shall fully complete the process to cause additional right-of-way to be granted in fee for public street purposes along the Creekside Way frontage to accommodate a 10 foot sidewalk from existing face of curb. The applicant shall submit the necessary documents for approval by the City Engineer, process the submittal with City staff's comments and fully complete the right-of-way process. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. 44. Public Service Easement: Prior to issuance of any grading or building permits for the site, the applicant shall grant a 5 foot public service easement on private property contiguous with the public right-of-way along the Creekside Way frontage. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. 45. Easements: Prior to issuance of any grading or building permits for the site, the applicant shall obtain construction easements as needed to complete the construction of the new signalized intersection and obtain and cause easements as necessary to be recorded for traffic signal maintenance for both the east and west legs of the new signalized intersection. The applicant shall cause all documents to be prepared by a registered civil engineer/surveyor and submitted to the City for review and recordation. 46. Street Improvements: Prior to issuance of any grading or building permits for the site, the applicant shall execute a street improvement agreement, cause plans for public street improvements to be prepared by a registered civil engineer, pay various fees and deposits, post security and provide insurance necessary to obtain an encroachment permit for construction of the standard public street improvements, as required by the City Engineer. The plans shall include the following: a. Show location of all existing utilities within the new and existing public right of way. b. Relocation of all existing utilities including utility boxes, covers, poles, etc. outside of sidewalk area. No utility boxes, covers, etc. will be allowed in the sidewalk area. Exhibit A -Conditions of Approval PLN2006-179 - 649-655 Creekside Way -Planned Development Permit Page 9 c. Removal of existing driveway approaches, streetlights, sidewalk, curb and gutter. d. Installation of City approved street trees, tree wells and irrigation at 30 feet on center. e. Installation of City standard curb, gutter, sidewalk and ADA compliant driveway approaches. Anon-standard sidewalk material of interlocking pavers shall be installed along the Creekside Way frontage of the hotel from the Highway 17 off-ramp to the 1<rst hotel driveway to match the pavement material used for sidewalks at the VTA Light Rail stafion. f. Installation of asphalt concrete overlay per street pavement restoration plan for utility installation and/or abandonment, as required by the City Engineer. g. Installation of streetlights, conduits, conductors and related facilities in accordance with the City of Campbell's Street Lighting Policies. h. Installation of traffic control, stripes and signs. i. Improve intersection at the proposed northerly entrance to the development. Intersection improvements shall include necessary signing and striping, accessibility ramps, street lighting, median island modifications and shall address visibility concerns. Plans shall include full topography of the existing improvements in and adjacent to all the public right-of-way surrounding the new intersection and shall show proposed improvements. j. Construction of conforms to existing public and private improvements, as necessary. 47. Additional Street Improvements: Should any new utility main lines or other work required to service the development affect any public improvements, the City may add conditions to the development/project, at the discretion of the City Engineer, to restore pavement or other public improvements to the satisfaction of the City. 48. 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, and the design engineer shall submit as-built drawings to the City. 49. Campisi Way Contribution: Prior to issuance of building or grading permits, the applicant shall reimburse the City a proportional share of $350,000 slated for contribution by the previous Prometheus hotel/office/parking structure project, to reimburse the cost to extend Campisi Way to the Pruneyard property consistent with the Circulation Element of the Campbell General Plan. The hotel's contribution will be $142,000. The future office building and/or parking structures contribution will be $208,000. 50. Maintenance of Landscaping: Owner(s), current and future, are required to maintain the landscaped park strip and tree wells in the public right of way. This includes, but is not limited to: trees, lawn, plantings, irrigation, etc. Trees shall not be pruned in a manner that would not allow the tree to grow to a mature height. Exhibit A -Conditions of Approval PLN2006-179 - 649-655 Creekside Way -Planned Development Permit Page 10 51. Utility Encroachment Permit: Separate permits for the installation of utilities to serve the development will be required (including water, sewer, gas, electric, etc.). Applicant shall apply for and pay all necessary fees for utility permits for sanitary sewer, gas, water, electric and all other utility work. 52. Water Meterls) and Sewer Cleanout(~: 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. 53. Traffic Improvements: Prior to issuance of any grading or building permits for an office building or parking structures, the applicant shall install a new signalized intersection at the proposed northerly entrance to the development. Signalization shall also incorporate driveway of the office park development to the east of the project site. Intersection improvements shall include necessary signing and striping, accessibility ramps, interconnect cable to adjacent intersections, street lighting, median island modifications and shall address visibility concerns. Plans shall include full topography of the existing improvements in and adjacent to all the public right-of-way surrounding the new intersection and shall show proposed improvements. Applicant shall interconnect the new signal to the adjacent signalized intersections. The applicant shall contribute $50,000 to the City of Campbell for the purchase and installation of miscellaneous traffic signal improvements at the adjacent signalized intersection. (Purchase and installation by the City shall include video detection equipment for the intersections of Creekside/Highway 17 and Campisi/Bascom, new controller for Creekside/Campisi, and connection of the new video cameras to the SMART Corridor fiber optic system.) 54. 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. 55. 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. 56. Pavement Restoration: Based on the utility coordination plan, the applicant shall prepare a pavement restoration plan for approval by the City Engineer prior to any utility installation or abandonment. Streets that have been reconstructed or overlaid within the previous five years will require boring and jacking for all new utility Exhibit A -Conditions of Approval PLN2006-179 - 649-655 Creekside Way -Planned Development Permit Page 11 installations. Campisi Way has not been reconstructed or overlaid in the last 5 years. The pavement restoration plan shall indicate how the street pavement shall be restored following the installation or abandonment of all utilities necessary for the project. 57. 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. 58. Santa Clara Valley Water District (SCVWD): Prior to issuance of any permits for grading, landscaping, or building, the applicant shall obtain a clearance from the SCVWD. 59. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and the Campbell Municipal Code regarding stormwater pollution prevention. Specifically the project must include source control, site design and treatment measures to achieve compliance with Provision C.3. of the NPDES Permit. Measures may include, but are not limited to, minimization of impervious surface area, vegetated swales, infiltration areas, and treatment devices. The primary objectives are to improve the quality and reduce the quantity of stormwater runoff to the bay. Resources to achieve these objectives include Stormwater Best Management Practices Handbook for New Development and Redevelopment ("CA BMP Handbook") by the California Stormwater Quality Association (CASQA), 2003; Start at the Source: A Design Guidance Manual for Stormwater Quality Protection ("Start at the Source") by the Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and Using Site Design Techniques to Meet Deveoopmenf Standards for Stormwater Quality: A Companion Document fo Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. a. Upon submission of the preliminary site/grading plans, the applicant shall calculate and submit to the City the amount of impervious surface created by the development including the types of stormwater controls to be used. b. Prior to issuance of grading or building permits the applicant's designer or engineer shall submit the required certification indicating that sizing, selection, and design of treatment BMP's for the project site has been completed to meet the requirements of the City of Campbell's NPDES permit, No. 01-119, Provision C.3. c. The applicant shall also comply with any other or new conditions as required by the City of Campbell's most current NPDES permit. Exhibit A -Conditions of Approval PLN2006-179 - 649-655 Creekside Way -Planned Development Permit Page 12 Prior to occupancy, a qualified BMP certifier is required to inspect the stormwater management facilities, submit a complete set of as-built drawings to Public Works Engineering, and certify on these drawings that: a. The stormwater management facilities were constructed in compliance with the approved plans. b. The as-built drawings show all pertinent constructed dimensions, elevations, shapes, and materials; c. All variations in construction from the approved design plan have been identified, including omissions to and additions from the approved plan; and d. Any changes are in conformance with local, state, or federal regulations. Prior to occupancy, the applicant shall provide security for the operation and maintenance of stormwater pollution prevention measures installed or provided as apart of this project. Prior to issuance of any grading or building permits the applicant shall sign the "Covenants for the Operation and Maintenance of stormwater Facilities" and submit a stormwater Management Plan. 60. State General Construction Activity Permit: Prior to issuance of any grading or building permits, the applicant shall comply with the State General Construction Activity Permit requirements including paying fees, filing a Notice of Intent and providing a Storm Water Pollution Prevention Plan (SWPPP). The applicant shall provide the City with a copy of the filed Notice of Intent and SWPPP. .OF CAMA ~ ~ r U r F (Jk ~'H ARO .C CITY of CAMPBELL City Clerk's Office November 8, 2006 Mr. Don Bragg Prometheus Real Estate Group 1900 S. Norfolk Street, #150 San Mateo, CA 94403 Dear Mr. Bragg: ~~ ~~ At the regular meeting of November 6, 2006, the Campbell City Council held a public hearing to consider your application, on behalf of Prometheus Real Estate Group, for the Reinstatement and Extension of Approval (PLN 2005-155) of apreviously-approved Planned Development. Permit (PLN 2000-88) fora 170,000 square foot office building (five stories), a 210-room hotel (seven stories) and two related parking structures (six levels) and surface parking accommodating a total of 964 parking spaces and a Tree Removal Permit (PLN 2000-109) on property owned by Campbell Development Property Associates located at 649 Creekside Way in a PD (Planned Development) Zoning District. After hearing public testimony, and following City Council discussion and deliberation, the City Council took action as follows: Adopted Resolution No. 10707, incorporating the attached findings, approving the Mitigated Negative Declaration originally adopted for the Planned Development Permit (PLN 2000-88) with the support of the updated traffic impact analysis for the office building, hotel and two parking structures proposed for construction at 649 Creekside Way to allow for the reinstatement and extension of approval of the said project. A certified copy of this Resolution is attached for your records. 2. Gave first reading to Ordinance 2078 approving a Reinstatement and Extension of Approval (PLN 2005-155) of a previously approved Planned Development Permit (PLN 2000-119) to allow the construction of an office building, hotel and two parking structures on property owned by Campbell Development Property Associates located at 649 Creekside Way in a PD (Planned Development) Zoning District. Continued ....... 7C North First Street Campbel;, California 95008.1423 TES 408.866.2117 pnx 408.374.6889 Tea 408.866.279(1 Page 2 -Prometheus Real Estate Group: 649 Creekside Way Second reading and formal adoption of this Ordinance is scheduled to be heard at the regular City Council meeting of November 21, 2006. A certified copy of the Ordinance will be forwarded to you after that meeting. Please note that the time within which judicial review of this action must be sought is governed by Section 1094.6 of the California Code of Civil Procedure, unless another statute (such as California Government Code Section 65009 or some other applicable provision of law) sets forth a more specific time period. Should you have any questions in regard to the City Council's action, please do not hesitate to contact this office (866-2117) or Tim Haley, Associate Planner, Community Development Department. Sincerely, / ~' ~' ~' '~ ,,- ~~~ Anne Bybee City Clerk Attachment: cc. Tim Haley, Associate Planner RESOLUTION NO. io~o~ BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING THE MITIGATED NEGATIVE DECLARATION ORIGINALLY ADOPTED FOR THE PLANNED DEVELOPMENT PERMIT (PLN2000-88) WITH THE SUPPORT OF THE UPDATED TRAFFIC IMPACT ANALYSIS FOR THE OFFICE BUILDING, HOTEL AND TWO PARKING STRUCUTRES PROPOSED FOR CONSTRUCTION AT 649 CREEKSIDE WAY TO ALLOW FOR THE REINSTATEMENT AND EXTENSION OF APPROVAL OF SAID PROJECT. FILE NO. PLN2005-155. 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 Reinstatement and Extension of Approval is warranted. The City Council finds as follows with regard to the Mitigated Negative Declaration: 1. An Initial Study has been prepared for the Creekside Center project located at 649 Creekside Way, 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 210 room hotel, 170,000 sq. ft. office building and two multi-level parking structures and a tree removal permit. 2. The Mitigated Negative Declaration describes the reasons that the Creekside Center will not have a significant effect on the environment and therefore does not require the preparation of an Environmental Impact Report, pursuant to the California Environmental Quality Act Guidelines. 3. There are no responsible agencies or trustee agencies responsible for resources affected by the Creekside Center Project. 4. 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. 5. The City of Campbell provided a 30-day public review period of the draft Mitigated Negative Declaration pursuant to the California Environmental Quality Act Guidelines. The 30-day public review period was between August 23, 2006 and September 22, 2006. 6. The mitigation measures identified in the Mitigated Negative Declaration are included as conditions of approval of the Planned Development Permit. City Council Resolution Approving a Mitigated Negative Declaration with an Updated Traffic Impact Analysis Page 2 7. The Mitigated Negative Declaration reflects the independent judgment and analysis 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 the 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 6th day of November , 2006, by the following roll call vote: AYES: COUNCILMEMBER$: xennedy, xernandez, Burr, Furtado, Watson NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None APPROVED: Je ette Watson, Mayor