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CC Ordinance 2156ORDINANCE NO. zis6 BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A PLANNED DEVELOPMENT PERMIT (PLN2011-312) AND PARKING MODIFICATION PERMIT (PLN2012-86) TO ALLOW A MIXED-USE DEVELOPMENT CONSISTING OF 168 APARTMENT UNITS AND 15,295 SQUARE FEET OF GROUND FLOOR RETAIL ON PROPERTY LOCATED AT 1677 S. BASCOM AVENUE. APPLICATION OF BAY WEST DEVELOPMENT. 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 of the City of Campbell does ordain as follows: SECTION ONE: That this Ordinance be adopted to approve a Planned Development Permit (PLN2011-312) and a Parking Modification Permit (PLN2012-86) to allow amixed- use development consisting of 168 apartment units and 15,295 square feet of ground floor retail on property located at 1677 S. Bascom Avenue subject to 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 June , 2012 by the following roll call vote: AYES: COUNCILMEMBERS: cristina, saker, Waterman, xotowski NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: Low APPROVED/ - -"" ~~~ Michael F. Kotowski, Mayor ATTEST: ~`~'-~- ~ ~'~^ Anne Bybee, City Clerk City Council Ordinance -Conditions of Approval Exhibit A PLN2011-312 & PLN2012-86 - 1677 S. Bascom Avenue Planned Development Permit & Parking Modification Permit Paae 1 The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions in accordance with the ordinances of the City of Campbell and the State of California. Where approval by the Community Development Director, 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 Planned Development Permit that includes a Parking Modification to allow the construction of three-to-four story mixed-use development over podium parking consisting of 168 apartment units and 15,295 square feet of ground floor retail located at 1677 S. Bascom Avenue. The building design, site design, on-site circulation, and operational characteristics 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 LPMD Architects, Civil Engineering Associates, Robert Mowat Associates, and Associated Lighting Representative, Inc. and stamped as received by the Planning Division on March 23, 2012. b. Color and Material Board prepared by LPMD Architects and stamped as received by the Planning Division on December 14, 2011. c. Parking Management Plan prepared by Baywest Development and stamped as received by the Planning Division on April 17, 2012. 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. Indemnity Agreement: Within thirty (30) after the action approving the project, the applicant/owner shall enter into an agreement in a form satisfactory to the City Attorney and Community Development Director to indemnify and defend the City of Campbell, its officers, officials, employees, and agents to the fullest extent permitted by law from any and all actions, liabilities, losses, and costs, including attorney's fees, arising out of or connected with any challenge to the approval of the application, except as to any actions, liabilities, losses or costs proximately and solely due to any willful misconduct by the City. The provisions of the agreement shall fully allocate all risk associated with any challenge to the approval of the application to the applicant/owner, and not the City. Neither applicant/owner nor his/her/their/its City Council Ordinance -Conditions of Approval PLN2011-312 & PLN2012-86 - 1677 S. Bascom Avenue Planned Development Permit & Parking Modification Permit successor(s) shall have any right to indemnity or contribution from City, its officers, officials, employees, or agents in law or equity for matters covered by the indemnity. 4. Planning Mitigation Monitoring Fee: Prior to building permit issuance, the applicant shall pay a $8,000.00 deposit to cover the actual staff cost, at the rate of an Associate Planner position, to ensure compliance with the mitigation monitoring and with the conditions of approval specified herein. 5. Operational Hours: The following operational hours are approved for the project site: a. Operational hours for the ground floor commercial shall be limited to 6:00 AM to 10:00 PM daily. No one associated with the business shall be on site before 6:00 AM or after 10:00 PM, unless there is an emergency. Individual tenants may request approval for extended operational hours through the Administrative Planned Development Permit process. b. Operational hours for the leasing office shall be limited to 6:00 AM to 11:00 PM daily. No one associated with the business shall be on site before 6:00 AM or after 11:00 PM, unless there is an emergency. 6. Outdoor Operational Activity: In order to limit any potential impact from business related outdoor activities, a condition of approval has been included to restrict outdoor employee active during the hours of 10:00 p.m. to 6:00 a.m. During the hours of 10:00 p.m. and 6:00 a.m. employee activity outside the main building including but not limited to the use of fork lifts, any other mechanical equipment, or the dumping of refuse or recyclables, shall be prohibited. 7. Deliverv Hours/Noise: The following delivery hours are approved for the ground floor commercial uses: a. Delivery hours for site shall be limited to 6:00 a.m. to 10:00 p.m. daily. Individual commercial tenants may request modified delivery hours through the Administrative Planned Development Permit process. 8. Deliverv Vehicles: Residential and commercial delivery vehicles shall be limited to less than 30 feet in length. The applicant shall provide adequate signage at the both the S. Bascom Avenue and Creekside Way driveway approaches prohibiting any vehicles over 30 feet in length on site. The maximum vehicle length does not apply to emergency vehicles. 9. Outdoor Seating Area: Any future outdoor seating area for a future use within the ground floor commercial shall be designed in such a manner to allow for adequate pedestrian passage around the building and shall not impact the amount of parking on- site. 10. Grading and Drainage Plans and Building Height: The maximum building height for the development is 65 feet. Any variation in height that exceeds six (6) inches from the City Council Ordinance -Conditions of Approval PLN2011-312 & PLN2012-86 - 1677 S. Bascom Avenue Planned Development Permit & Parking Modification Permit Paoe 3 pad height elevations noted within the Preliminary Grading and Utility Plan shall be returned back to the Planning Commission for further consideration. 11. Pad Certification: Following site grading and prior to preparation of the building forms, the following improvements shall be certified by a licensed land surveyor and reviewed by the Community Development Director to determine consistency with the Planning Commission approved plan (grade, pad and drainage). 12. Landscape Plan: The applicant shall submit four (4) 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). Landscaping shall be designed to minimize irrigation and runoff, promote surface infiltration where appropriate, and minimize the use of fertilizers and pesticides that can contribute to stormwater pollution. Landscaping plans shall include the following: a. All trees shall be a minimum 24-inch boxed size and all shrubs shall be a minimum of 5-gallon size. b. Landscape and paving maintenance shall be an on-going responsibility of the property owner(s)/HOA and shall include routine pruning of trees and shrubs, maintenance of the automatic irrigation system and the replacement of damaged or diseased plant materials on both private and public property. Applicant shall obtain encroachment permits from the City of Campbell for all work performed within the right-of-way. c. The landscape plan shall illustrate appropriate quantities and sizes of plant materials to ensure buffering of buildings and parking areas. d. All landscape areas shall be protected by 6-inch high poured in place concrete curbs. e. All landscaping shall be installed prior to building occupancy. f. New street trees shall be added to provide a continuous tree planting along the street frontage as required by the Community Development Director. 13. Tree Protection Plan: The applicant shall submit a tree protection plan for the remaining protected tree to be retained on site or on adjacent lots that are impacted by the project, and shall contain specific information about the preservation of the trees during any grading or building on site. Such tree protection measures shall be installed prior to any demolition, grading, or building on the project site. No construction or trenching shall take place within the drip line of trees and a fence constructed of temporary cyclone fencing or wire mesh securely attached to poles driven into the ground shall be installed around the drip line of the tree. All trimming or branch removal from protected trees shall be completed by a certified arborist. The tree protection plan shall be submitted to the Planning Division for review and approval by the Community Development Director prior to the issuance of building permits. City Council Ordinance -Conditions of Approval PLN2011-312 & PLN2012-86 - 1677 S. Bascom Avenue Planned Development Permit & Parking Modification Permit 14. Park Impact Fee: A park impact fee, pursuant to CMC Section 13.08.050(b), is due upon development of the site. Prior to building permit issuance, 75% of this fee is due. The remaining 25% is due prior to issuance of a certificate of building occupancy. The fee is currently set at $9,600.00 per unit. This fee is subject to change and the fee in effect at the time of payment shall be the fee due. 15. De_n_sity Bonus/Affordable Housing Units: The proposed project qualifies fora 35% density bonus for providing 11 % affordable rental units to persons who qualify in the very low income range. There shall be a minimum of 14 rental apartments units designated as affordable to very-low income residents as required by the density bonus law. The specific units designated as affordable shall be proportionally distributed through the project by both unit size and location. Any future reapportionment proposals, based on community housing needs, shall be forwarded by the Community Development Director to the City Council and shall be considered on the consent agenda. The applicant shall enter into a density bonus below market rate housing agreement to the satisfaction of the Community Development Director, where the City will determine the appropriate pricing for the approved level of affordability prior to the issuance of any building permit. In addition to the above, a regulatory agreement, covenant, deed of trust, and/or other documents acceptable to the Community Development Director shall be recorded against the mixed-use residential project containing affordable rental units for a minimum term of thirty years or the maximum allowed by state law, whichever is greater. 16. Residential Address Identification: The applicant shall submit a detail sheet showing uniform residential address identification material type and location on the building wall for review and approval by the Community Development prior to the issuance of Building Permits. In order to obtain approval, numbers or addresses shall be placed on the building in such a position as to be plainly visible and legible from the street or road fronting the property. Additionally, number material and color is required to contrast with their background. 17. Fences & Retaining Walls: All new fencing shall be agood-neighbor style wood fence or decorative block wall as required by the adopted CEQA mitigation measures and shall comply with all the provisions of Section 21.18.060 of the Campbell Municipal Code. Grade changes shall be supported with masonry retaining walls. The design and location of all fences and retaining walls shall be reviewed and approved by the Community Development Director prior to issuance of any building permits for the project. Fencing along the property lines shall be replaced at the expense of the applicant, unless it is determined to be in good condition by the Community Development Director. 18. Property Maintenance: The property is to be maintained free of any combustible trash, debris, and weeds until the time that actual construction commences. Any vacant existing structures shall be secured, by having windows boarded up and doors sealed shut, or be demolished or removed from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code). City Council Ordinance -Conditions of Approval PLN2011-312 & PLN2012-86 - 1677 S. Bascom Avenue Planned Development Permit & Parking Modification Permit 19. Utility Boxes and Back-Flow Preventers: The applicant shall submit a plan prior to installation of the underground PG&E utility (transformer) boxes and San Jose Water Company back-flow preventers, indicating the location of the boxes for approval by the Community Development Director. 20. 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 installation of the lighting for compliance with all applicable Conditions of Approval, ordinances, laws and regulations. Lighting fixtures shall be of a decorative design to be compatible with the residential development and shall incorporate energy saving features. 21. Parking and Driveways: All parking and driveway areas shall be developed in compliance with the approved plans and Chapter 21.28 (Parking and Loading) of the Campbell Municipal Code. a. The applicant shall submit a driveway, uncovered parking area, and walkway detail and color sheet showing upgraded colored, stamped and textured concrete for review and approval by Community Development Director prior to the issuance of a building permit. b. Both residential and commercial parking spaces shall be used for passenger vehicle parking only. Storage of personal equipment, inventory, merchandise, boats, recreational vehicles, off-road vehicles, and any similar piece of equipment or personal property is prohibited. The applicant shall provide adequate signage to this effect at both vehicular entryways. c. The applicant shall assign eight of the tandem pairs of residential parking spaces to the very-low income two-bedroom units required through the density bonus regulations. One of the remaining tandem pairs would be assigned a two- bedroom market rate unit and the final eight tandem pairs shall be assigned to the three-bedroom market rate units. 22. Commercial Vehicle Turnaround: Prior to building permit submittal, the applicant shall revise the project plans, to the satisfaction of the Community Development Director, to provide an adequate radius turnaround in the commercial parking area to facilitate commercial vehicles in making Y-turns to access the commercial loading area. 23. Contractor Contact Information Posting: The project site shall be posted with the name and contact number of the lead contractor in a location visible from the public street prior to issuance of building permits. 24. Utilities: All new on-site utilities shall be installed underground per section 21.18.140 (Undergrounding of Utilities) of the Campbell Municipal Code. 25. Roof Vents: The applicant shall coordinate mechanical and plumbing plans to minimize the number of roof vents that are visible from the street frontage. The applicant shall City Council Ordinance -Conditions of Approval PLN2011-312 & PLN2012-86 - 1677 S. Bascom Avenue Planned Development Permit & Parking Modification Permit Paae 6 provide the location of such vents on the building plan elevations and roof plans, to the satisfaction of the Community Development Director, prior to issuance of building permits. CEQA Mitigation Measures 26. Mitigation Measure AES-1: 1.1 All exterior lighting shall comply with the following: 1. Architecturally integrated with the character of the structure(s). 2. Energy-efficient, and fully shielded or recessed. 3. Permanently installed lighting shall not blink, flash, or be of unusually high intensity or brightness. Lighting fixtures shall be appropriate in height, intensity, and scale to the use they are serving. 4. Outdoor lighting fixtures shall be designed and installed so that light rays are not emitted across property lines, to the extent possible. Fixtures like the "shoe box" design are capable of providing accurate light patterns and can be used for lighting parking lots without spilling onto the neighboring property. 5. External light fixtures, poles, and their foundation should be simple in design and compatible with and complimentary to the style of surrounding development. Historical-themed fixtures are not appropriate for a contemporary building design and modern fixtures are not appropriate for a structure with a significant historical design theme. Simple and functional designs are considered to be appropriate in most environments. Lighting standards should be of a scale that is compatible with their surroundings. Pedestrian-style lighting (three to five feet high) should be installed in areas where foot traffic is prevalent. 6. Color-corrected lamps of appropriate intensity should be used in exterior lighting. High-efficiency lamps that alter the colors of objects at night are discouraged. Incandescent, fluorescent, color-corrected sodium vapor and mercury lamps should be used because they provide light with an appropriate color spectrum. 7. Lighting intensity should be the minimum required to serve the tasks for which the fixtures are intended. 8. Exterior lighting should be considerate of both the neighbors and the community as a whole. Each new lighting scheme should actively strive to reduce negative light impacts. 27. Mitigation Measure AIR-1: 1.1 Use dust-proof chutes for loading construction debris onto trucks. 1.2 Water or cover stockpiles of debris, soil, and other materials that can be blown by the wind. 1.3 Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard. 1.4 Sweep daily (with water sweepers) all paved access roads, parking areas, and staging areas at the construction site. City Council Ordinance -Conditions of Approval PLN2011-312 & PLN2012-86 - 1677 S. Bascom Avenue Planned Development Permit & Parking Modification Permit 1.5 Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets, as directed by the City Engineer. 1.6 Enclose, cover, water twice daily or, or apply (non-toxic) soil stabilizers to exposed stockpiles (dirt, sand, etc.). 1.7 Install erosion control measures to prevent runoff from the project site. 28. Mitiqation Measure AIR-2: 2.1 Install and maintain air filtration systems of fresh air supply on an individual unit basis. The ventilation system should be certified to achieve an effectiveness level of at least the removal of 80% of ambient PM2.5 concentrations from indoor areas. The air intake for the units shall be located away from San Tomas Expressway. 2.2 Windows facing S. Bascom Avenue and Creekside Way shall be inoperable or remain closed at all times unless used as emergency egress (e.g. bedroom windows). 29. Mitiqation Measure BIO-1: 1.1 A final landscape plan shall be submitted for review and approval by the Community Development Director to verify compliance with both the City of Campbell's Landscape Ordinance and Tree Protection Ordinance. The landscape plan shall show that all trees removed as a result of the proposed project shall be replanted on a one to one ratio of a size set forth in the City's regulations and consistent with the City' adopted Water Efficient Landscape Standards. The tree protection recommendations provided in the consulting arborist are required for all trees remaining on site. 30. Mitiqation Measure CUL-1: 1.1 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 any on-site construction activity. 31. Mitiqation Measure CUL-2: 1.1 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 City Council Ordinance -Conditions of Approval PLN2011-312 & PLN2012-86 - 1677 S. Bascom Avenue Planned Development Permit & Parking Modification Permit Pape 8 left in place, removal and reburial on site, or elsewhere. Associated grave goods are to be treated in the same manner. 32. Mitigation Measure GEO-1: 1.1 The applicant shall comply with the all of the recommendations set forth within the Geotechnical Investigation and Phase II Environmental Assessment reports originally prepared by Terrasearch on October 4, 2006 and April 11, 2007 respectively, and within the Geotechnical Investigation and Environmental Site Characterization reports prepared by Treadwell & Rollo on December 19, 2011 and January 6, 2012 respectively. 1.2 Prior to issuance of building permits for the project, a registered geotechnical engineer shall prepare a design-specific geotechnical analysis, and all recommendations of the analysis shall be incorporated into the project's final engineering design to minimize the damage from seismic shaking. The project sponsor shall use standard engineering techniques and conform to the requirements of the California Building Code to reduce the potential for seismic damage and risk to future occupants. 1.3 Additional soil-vapor sampling shall be performed to identify the lateral and vertical extent of the methane gas, including advancing (8) borings in the western portion of the site to approximately 30 feet bgs or at least five feet into native soil beneath the landfill material using asoil-gas sampling rig shall be performed prior to building permit submittal. Discrete soil gas samples shall be collected at 10 foot intervals to a maximum depth of 30-feet bgs using SUMMA canisters. The soil- gas samples shall be analyzed by aState-certified hazardous waste testing laboratory for methane using EPA Method TO-13. In addition, obtaining fixed and biogenic gas (oxygen, carbon dioxide, hydrogen sulfide and methane) data using a Thermal-Conductivity Detector (TCD) or hand held instrument. Air monitoring within the buildings adjacent to the fill area is required by a Certified Industrial Hygienist (CIH) to determine if methane has migrated into the structures prior to final occupancy. Avapor-extraction system (VES) will be required at the site to remove and destroy the hazardous levels of methane gas within the landfill material beneath the site. 1.4 Four additional borings within the western portion of the site shall be performed in order to determine the lateral and vertical extent of the fill prior to building permit submittal. Random surficial (1 0 2 feet bgs) and subsurface soil and groundwater samples shall be collected from the borings and submitted under chain-of-custody documentation to a State-certified hazardous waste testing laboratory for analysis, The surficial soil samples shall be analyzed for organochloride pesticides and CAM 17 metals using Environmental Protection Agency (EPA) Methods 8081 and6010/700 series. The subsurface soil samples shall be analyzed for TPHg, TEPHd and TEPHmo with silica gel cleanup, VOC's SVO's, organochloride pesticides and CAM17 metals using EPA Methods 8015 (modified), 8260, 8270, 8081, and 6010/6020. 1.5 In addition to the above measures, prior to any development of the property, excavation and remediation of the landfill material shall be performed according to state, county, and local requirements. City Council Ordinance -Conditions of Approval PLN2011-312 & PLN2012-86 - 1677 S. Bascom Avenue Planned Development Permit & Parking Modification Permit Page 9 33. Mitigation Measure H&WC-1: 1.1 Use dust-proof chutes for loading construction debris onto trucks. 1.2 Water or cover stockpiles of debris, soil, and other materials that can be blown by the wind. 1.3 Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard. 1.4 Sweep daily (with water sweepers) all paved access roads, parking areas, and staging areas at the construction site. 1.5 Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets, as directed by the City Engineer. 1.6 Enclose, cover, water twice daily or, or apply (non-toxic) soil stabilizers to exposed stockpiles (dirt, sand, etc.). 1.7 Install erosion control measures to prevent runoff from the project site. 34. Mitigation Measure LUP-1: 1.1 The applicant shall install a minimum 10' x 55' PCC Bus Stop Pavement Pad, constructed to VTA specifications, adjacent to the existing bus stop south of the project site on S. Bascom Avenue at Campisi Way. 35. Mitigation Measure LUP-2: 1.1 The applicant shall provide access to electric charging stations for eight percent of the total number of parking spaces on site. There shall be an equal number of residential and commercial parking spaces with access to an electric charging station. Parking spaces with direct access to the electric vehicle charging stations shall be appropriately marked and signed. 36. Mitigation Measure LUP-3: 3.1 The applicant and/or property management shall provide annual VTA eco-passes to all tenants at time of move-in and every year after for the length of tenancy. The cost of the VTA eco-passes shall be equally borne by the applicant and tenant. The requirement to provide eco-passes shall continue for the life of the project. 3.2 Residents who qualify as very-low income shall be provided an eco-pass at no cost at time of move-in and every year after for the length of tenancy. The applicant and/or property management shall not include the cost of a VTA eco- pass in the overall rent for very-low income apartment units. The requirement to provide no-cost eco-passes shall continue for the life of the project. 37. Mitigation Measure LUP-4: 4.1 The applicant shall incorporate amenities such as public art, special paving, tile, and fountains, as appropriate, to the satisfaction of the Community Development Director prior to building permit submittal. City Council Ordinance -Conditions of Approval PLN2011-312 & PLN2012-86 - 1677 S. Bascom Avenue Planned Development Permit & Parking Modification Permit Page 10 38. Mitigation Measure LUP-5: 5.1 The project shall install the required S. Bascom Avenue Streetscape as shown on Page A2-5 of Appendix A2: Streetscape Standards of the City of Campbell General Plan, adopted on November 6, 2001, prior to issuance of a Certificate of Occupancy. 39. Mitigation Measure LUP-6: 6.1 Ground mounted mechanical equipment (e.g. air conditioning, heating, ventilation ducts and exhaust) and utility services shall be screened from public view. The method of screening shall be architecturally compatible with the other on-site development in terms of colors, materials, architectural style, and shall include appropriately installed and maintained landscaping, as applicable. The installation of adequately screened roof mounted mechanical equipment is required for HVAC units, Satellite Dishes, and other private mechanical equipment. 40. Mitigation Measure NOISE-1: 1.1 The project building plans shall incorporate construction grade dual pane thermal windows and acoustically effective doors with a rated minimum Sound Transmission Class (STC) 28 to 35 for all building facades that front or are perpendicular to S. Bascom Avenue. 1.2 The project building plans shall incorporate construction grade dual pane thermal windows and acoustically effective doors with a rated minimum Sound Transmission Class (STC) 30 for all residence that front Creekside Way. 1.3 All patios and outdoor balconies facing the exterior of the site shall include partial- height barriers of at least 42 inches tall solid from bottom to top with no cracks or gaps, and should have a minimum surface density of three pounds per square foot. Acceptable materials would include glass or plaster. 1.4 Provide mechanical ventilation (HVAC) for all residences with all equipment to be located on the roof. 1.5 An Acoustical Disclosure regarding adjacent roadway generated noise shall be provided in all rental agreements associated with the project. 41. Mitigation Measure NOISE-2: 2.1 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. 2.2 All construction vehicles shall take ingress and egress off Hamilton Avenue and the northerly Marathon Drive driveway, leaving the southerly Marathon driveway across from the residential uses chained to prevent vehicles entering the residential neighborhood to the east and south. 2.3 All construction equipment with internal combustion engines used on the project site shall be properly muffled and maintained in good working condition. 2.4 Unnecessary idling of internal combustion engines shall be strictly prohibited. City Council Ordinance -Conditions of Approval PLN2011-312 & PLN2012-86 - 1677 S. Bascom Avenue Planned Development Permit & Parking Modification Permit 2.5 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. 2.6 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. 2.7 Construction equipment, vehicles, and workers associated with the development of the project shall not be permitted to park on any residential streets. 42. Mitigation Measure USS-1: 1.1 No less than 50% of the waste generated from the demolition of the existing on- site structures shall be recycled in conformance with an approved Waste Management Plan approved by the Director of Public Works prior to start of construction. Building Division: 43. Permits Required: A building permit application shall be required for proposed mixed- use residential and commercial structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 44. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 45. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 inches by 36 inches. 46. 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. 47. 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. Elevation bench marks shall be called out at all locations that are identified as "natural grade" and intended for use to determine the height of the proposed structure. Site address and parcel number shall also be clearly called out. Site parking and path of travel to public sidewalks shall be detailed. 48. 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. 49. Foundation Inspections: A pad certificate prepared by a licensed civil engineer or land surveyor shall be submitted to the project building inspector upon foundation City Council Ordinance -Conditions of Approval PLN2011-312 & PLN2012-86 - 1677 S. Bascom Avenue Planned Development Permit & Parking Modification Permit 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 50. Title 24 Energy Compliance: California Title 24 Energy 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. 51. Special Inspections: When a special inspection is required by C.B.C. Chapter 17, 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 C.B.C Appendix 1, Section 106. Please obtain City of Campbell Special Inspection forms from the Building Inspection Division Counter. 52. Non-Point Source Pollution Control: 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. 53. 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. 54. Title 24 Accessibilitv -Residential: This project shall comply with Chapter 11A Housing Accessibility, California Building Code 2010 ed. 55. 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. 56. Title 24 Accessibilitv -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. 57. Approvals Required: The project requires the following agency approval prior to issuance of the building permit: a. West Valley Sanitation District (378-2407) b. Santa Clara County Fire Department (378-4010) c. Bay Area Air Quality Management District (Demolitions Only) d. San Jose Water Company (279-7900) e. School District: City Council Ordinance -Conditions of Approval PLN2011-312 & PLN2012-86 - 1677 S. Bascom Avenue Planned Development Permit & Parking Modification Permit Paae 13 i. Campbell Union School District (378-3405) ii. Campbell Union High School District (371-0960) iii. Moreland School District (379-1370) iv. Cambrian School District (377-2103) Note: To determine your district, contact the offices identified above. Obtain the School District payment form from the City Building Division, after the Division has approved the building permit application. 58. P.G.&E.: The applicant is advised to contact P.G.&E. 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. The applicant should also consult with P.G.&E. concerning utility easements, distribution pole locations and required conductor clearances. 59. LEED for New Construction: Applicant shall complete and return LEED Project Checklist prior to issuance of permit. 60. Build it Green: Applicant shall complete and submit a "Build it Green" inventory of the proposed Residential project prior to issuance of a building permit. 61. California Green Building Code: This project is subject to the mandatory requirements for new commercial and new residential structures under the California Green Building Code, 2010 edition. 62. This project shall be properly enclosed with construction fencing to prevent unauthorized access to the site during construction. The construction site shall be secured to prevent vandalism and/or theft during hours when no work is being done. All protected trees shall be fenced to prevent damage to root systems. 63. Construction Fencing: This project shall be properly enclosed with construction fencing to prevent unauthorized access to the site during construction. The construction site shall be secured to prevent vandalism and/or theft during hours when no work is being done. All protected trees shall be fenced to prevent damage to root systems. FIRE DEPARTMENT 64. Fire Review: Review of the project 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 make application to, and receive from, the Building Department all applicable construction permits. 65. Automatic Fire Sprinkler System Required: Approved automatic sprinklers shall be provided in all new buildings. A State of California licensed (C-16) Fire Protection City Council Ordinance -Conditions of Approval PLN2011-312 & PLN2012-86 - 1677 S. Bascom Avenue Planned Development Permit & Parking Modification Permit Paae 14 Contractor shall submit plans, calculations, a completed permit application and appropriate fees to this department for review and approval prior to beginning their work. NOTE: The owner(s), occupant(s) and any contractor(s) or subcontractor(s) are responsible for consulting with the water purveyor of record in order to determine if any modification or upgrade of the existing water service is required. Where the provisions of this code require that a building or portion thereof be equipped throughout with an automatic sprinkler system in accordance with this section, sprinklers shall be installed through in accordance with NFPA 13 except as provided in Section 903.3.1.1.1 and local standards. CFC Sec. 903 as adopted and amended by CBLMC. 66. Potable Water Supply: Potable water supplies shall be protected from contamination caused by fire protection water supplies. It is the responsibility of the applicant and any contractors and subcontractors to contact the water purveyor supplying the site of such project, and to comply with the requirements of that purveyor. Such requirements shall be incorporated into the design of any water-based fire protection systems, and/or fire suppression water supply systems or storage containers that may be physically connected in any manner to an appliance capable of causing contamination of the potable water supply of the purveyor of record. Final approval of the system(s) under consideration will not be granted by this office until compliance with the requirements of the water purveyor of record are documented by that purveyor as having been met by the applicant(s). 2007 CFC Sec. 903.3.5 and Health and Safety Code 13114.7 67. Private On-Site Fire Hydrant(s) Required: Provide public two (2) private on-site fire hydrant(s) installed per National Fire Protection Association (NFPA) Standard #24, at location(s) to be determined by the Fire Department. Maximum hydrant spacing shall be 250 feet, with a minimum acceptable flow of 2,000 GPM at 20 psi residual pressure. Prior to the design the protect civil engineer shall meet with the fire department water supply officer to jointly spot the required fire hydrant locations. CFC Sec. 508.3, per Appendix B and C 68. Public Fire Hydrants Required: Revise the site plan to show all existing public hydrant (on building side of Creekside Way and S. Bascom Avenue) which service the site. Additional public hydrants may be required. CFC Sec. 507, and Appendix B, Table 8105.1 and Appendix C 69. Stand Pipes Required: Buildings shall be equipped with standpipes designed per NFPA Std. #14, as amended in CFC Chapter 47, and be equipped with 2'/z inch hose valves, at location designated by the fire department with review and approval by the Community Development Director. Standpipes shall be required throughout the building and in the interior courtyard at locations to be determined by the fire department with review and approval by the Community Development Director. CFC Sec. 905 and local Standards. 70. Fire Hydrant Location Identifier: Prior to project final inspection, the general contractor shall ensure that an approved ("Blue Dot") fire hydrant location identifier has been placed in the roadway, as directed by the fire department. City Council Ordinance -Conditions of Approval PLN2011-312 & PLN2012-86 - 1677 S. Bascom Avenue Planned Development Permit & Parking Modification Permit Page 15 71. Required Fire Flow: The applicant must submit detailed area calculations totals for each floor level (including all interior common areas). Fire flow requirements for buildings or portions of buildings and facilities shall be determined by Appendix B. CFC Sec. 507 72. Timing of Required Water Supply Installations: Installations of required fire service(s) and fire hydrant(s) shall be tested and accepted by the Fire Department, prior to the start of framing or delivery of bulk combustible materials. Building permit issuance may be withheld until required installations are completed, tested, and accepted. CFC Sec. 501 73. Fire Apparatus (Engine) Access Roads Required: Provide access roadways with a paved all weather surface, a minimum unobstructed width of 20 feet, vertical clearance of 13 feet 6 inches, minimum circulating turning radius of 36 feet outside and 23 feet inside, and a maximum slope of 15%. Width: Fire apparatus access roads shall have a minimum unobstructed width of 26 feet (7925) in the immediate vicinity of any building or portion of building more than 30 feet (9144 mm) from the building, and shall be positioned parallel to one entire side of the building, as approved by the fire code official. Installations shall conform with Fire Department Standard Details and Specifications sheet A-1. Note: Provide a copy of the recorded easement which allows egress across the adjacent parcel onto Creekside Way. CFC Sec. 503 74. 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 Sheet A-6. CFC Sec. 503 75. Pa? r' king: When parking is permitted on the streets, in both residential and commercial applications, it shall conform to the following: parking is permitted on both sides of the street with street widths of 36 feet or more: parking is permitted on one side of the street with street widths of 28 to 35 feet: no parking is permitted when street widths are less than 28 feet: Note: Rolled curbs can be part of curb/sidewalk and used to increase the roadway width with approval from the fire cod official. Additional requirements may apply for buildings 30 feet in height or greater. CFC Sec. 503 76. Emergency Gate/Access Gate Requirements: Gate installations shall conform with Fire Department Standard Details and Specification G-1 and, where 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. CFC Sec. 503 and 506 77. Fire Department Key Box Required: The building(s) shall be equipped with a permanently installed emergency access key lock box (Knox), conforming to Fire Department Standard Detail and Specification sheet K-1. At time of final inspection, access keys shall be provided to the fire department. CFC Sec. 503 and 506. City Council Ordinance -Conditions of Approval PLN2011-312 & PLN2012-86 - 1677 S. Bascom Avenue Planned Development Permit & Parking Modification Permit 78. Access to Buildings/Landscaping Requirements: Landscaping shall not obstruct Fire Department ladder access to buildings. The building permit shall include a landscape drawing which reflects the location of all landscaping, to include how Fire Department ladder access will be provided around all buildings. Ground ladder rescue from second and third floor rooms shall be made possible for fire department operations. With the climbing angle of seventy five degrees maintained, an approximate walkway width along either side of the building shall be no less than seven feet clear. Landscaping shall not be allowed to interfere with the required access. An approved walkway shall be provided on all sides of the building(s) leading from the fire access roadway to the exterior openings of the building(s). Note: Provide a more detailed drawing showing the three access points to the podium deck. The drawings must clearly show the access points onto the podium deck without having to go into the building. 79. Timing of Required Roadway Installations: Required access roads, up through first lift of asphalt, shall be installed and accepted by the Fire Department prior to the start of combustible construction. During construction, emergency access roads shall be maintained clear and unimpeded. Note that building permit issuance may be withheld until installations are completed. Temporary access roads may be approved on a case by case basis. CFC Sec. 501 80. New Commercial Buildings: All new commercial buildings shall comply with standard specification SI-7 for construction fire safety. 81. Premises Identification: Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their background. PUBLIC WORKS DEPARTMENT 82. Proof of Ownership: Prior to the issuance of any grading, drainage, or building permits for the site, the applicant shall provide a current Preliminary Title Report, grant deed, or other satisfactory proof of ownership. 83. Right-of-Wav 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 S. Bascom Avenue frontage to accommodate 17 feet of right of way from curb face to back of walk. The applicant shall submit the necessary documents for approval by the City Engineer, process the submittal with City staff's comments, and fully complete the right-of-way process. Additionally the applicant shall grant right of way along the Creekside Way frontage to accommodate a 10 foot sidewalk, or as required by the City Engineer. 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. 84. Public Easements: Prior to issuance of any grading or building permits for the site, the applicant shall grant: City Council Ordinance -Conditions of Approval PLN2011-312 & PLN2012-86 - 1677 S. Bascom Avenue Planned Development Permit & Parking Modification Permit Page 17 a. A 10 foot public service easement on private property contiguous with the public right-of-way along the Bascom Avenue frontage. b. A minimum 20 foot public storm drain easement on private property consistent with the proposed public storm drain modifications. All easements are subject to the City Engineer's review and approval. 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. 85. Private Access Easement: Prior to issuance of any grading or building permits for the site, the applicant shall provide the City with necessary documentation to ascertain the applicant's legal right to use the access easement across the adjacent property along Creekside Way (1777 S. Bascom Avenue) based on the final approved layout for this intersection/driveway. The applicant shall obtain alarger/increased and/or reconfigured access easement from this adjacent property owner. The increase shall be configured such that the easement matches the actual travel way for appropriate vehicles that may access the site (i.e. fire truck, garbage truck, etc.). The applicant shall provide the City with recorded documents illustrating the larger/reconfigured access easement. 86. Soils Report: Prior to issuance of any grading or building permits for the site, applicant shall provide a Soils Report prepared by a registered geotechnical or civil engineer. 87. Grading and Drainage Plan: Prior to recordation of the final map, the applicant shall conduct hydrology studies based on a ten-year storm frequency, prepare an engineered grading and drainage plan, and pay fees required to obtain necessary grading permits. Prior to occupancy, the design engineer shall provide written certification that the development has been built per the engineered grading and drainage plans. 88. Storm Drain Area Fee: Prior to issuance of any grading or building permits for the site, the applicant shall pay the required Storm Drain Area fee of $2,650 per net acre, which is $10,414.00. 89. Tree Removal(s): To accommodate the required streetscape plan, four trees may be removed as part of this project. Six trees will be installed to replace the trees removed. 90. Utilities: All new 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. 91. 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. City Council Ordinance -Conditions of Approval PLN2011-312 & PLN2012-86 - 1677 S. Bascom Avenue Planned Development Permit & Parking Modification Permit Paae 18 92. 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. 93. Pavement Restoration: Based on the utility coordination plan, the applicant shall prepare a pavement restoration plan for approval by the City Engineer prior to any utility installation or abandonment. Streets that have been reconstructed or overlaid within the previous five years will require boring and jacking for all new utility installations. S. Bascom Avenue was overlaid in 2010. 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. 94. 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, unless otherwise approved by the City Engineer: S. Bascom Avenue a. Show location of all existing improvements and utilities including but not limited to utility boxes, covers, poles, transformers, signs, fiber optic lines, traffic signal detection loops, street lighting conduits and conductors within the new and existing public right of way. "'Please note: there is an existing fiber optic line on the west side of S. Bascom Avenue at the edge of pavement that has a shallow depth. The applicant shall take every precaution to keep this facility intact and undamaged. b. Relocation of all existing utilities including utility boxes, covers, poles, transformers, signs, etc. outside of future sidewalk area. No utility boxes, covers, poles, cabinets, etc. will be allowed in the sidewalk area. c. Removal of existing sidewalk, curb, gutter, trees and driveway approaches along entire project frontage or as determined by City Engineer. d. Installation of Streetscape standards including a 7 foot sidewalk, 10 foot landscaped park strip, curb, gutter, ADA compliant driveway approach, City approved street trees, turf and associated irrigation facilities. e. Modifications to existing storm drainage system in Bascom Avenue to include upsizing and extending the storm drain main line on Bascom Avenue northward, installing City standard manholes, and extending any related storm lateral facilities. Public storm drain lines located on site will need to be removed, relocated and upsized. At no time shall the storm drain line flow be interrupted or City Council Ordinance -Conditions of Approval PLN2011-312 & PLN2012-86 - 1677 S. Bascom Avenue Planned Development Permit & Parking Modification Permit Page 19 closed. All modifications shall meet City standards and shall be subject to the review and approval by the City Engineer. Public storm drain easements must be provided for the approved alignment. f. Boring and jacking of the utilities is required. Installation of asphalt concrete overlay per street pavement restoration plan for utility installation and/or abandonment, as required by the City Engineer. g. Replacement of existing underground utilities, signal interconnect conduits and conductors, street lighting conduits and conductors, fiber optic lines, utility boxes, and protection of existing facilities to remain. h. Installation of streetlights, conduits, conductors and related facilities in accordance with the City of Campbell's Street Lighting Policies. i. Installation of traffic control, stripes and signs. j. Installation of a concrete bus pad at the existing bus stop location just south of the project site per the City of Campbell's requirements. Relocation or adjustment of existing utilities in the vicinity to accommodate the bus pad may be required and is the responsibility of the applicant. k. Construction of conforms to existing public and private improvements, as necessary. I. Bascom Avenue received pavement rehabilitation in the 2010. Street improvement plans must show the extent of the utility cuts required for the proposed development (see utility coordination plan). The applicant must mitigate the utility cuts through the newly placed overlay as defined in the pavement restoration plan. This will require the removal and replacement the newly placed asphalt concrete overlay with one large re-paving, following the completion of all utility work. The limits of the area of pavement to be removed and replaced will be as defined by the City Engineer, and may extend to the outer limits of all utility work. m. Submit final plans in a digital format acceptable to the City Creekside Wav Reconstruction of the 1777 S. Bascom Avenue westerly entryway/driveway at Creekside Way and project frontage along Creekside Way. Plans to include the following: a. Show location of all existing improvements and utilities within the existing public right of way and the access easement from the adjacent parcel. b. Relocation of all existing utilities including utility boxes, covers, poles, etc. outside of sidewalk and driveway areas. No utility boxes, covers, etc. will be allowed in the sidewalk or driveway areas. c. Removal of existing driveway approach and related sidewalk, curb, gutter, "pork chop" barrier island, and median barriers, as required by City Engineer. d. Installation of City standard curb, gutter, sidewalk, and ADA compliant driveway approach. Modifications to the entryway to allow for emergency vehicle and solid waste collection vehicle turning movements as required by City Engineer. City Council Ordinance -Conditions of Approval PLN2011-312 & PLN2012-86 - 1677 S. Bascom Avenue Planned Development Permit & Parking Modification Permit Paae 20 e. Installation of mountable barrier island, mountable medians and signing and striping modifications as approved by the City Engineer. f. Installation of asphalt concrete overlay per street pavement restoration plan, as required by the City Engineer. g. Replacement of existing underground utilities, signal interconnect conduits and conductors, street lighting conduits and conductors, fiber optic lines, utility boxes, and protection of existing facilities to remain. h. Installation of traffic control, stripes and signs. i. Construction of conforms to existing public and private improvements, as necessary. j. Submit final plans in a digital format acceptable to the City. Pedestrian Pathway Access to Creek Trail from Creekside Way: a. Installation of architectural elements to enhance the aesthetics of the existing ramp with landscaping, lighting, wall tiles, arbors and other decorative treatments as required by the City Engineer. A general plan of these elements are shown in the conceptual drawing titled "Preliminary Trail Access Plan" on Sheet L-12 dated February 22, 2012 by Robert Mowat Associates. Also, the applicant shall install a drinking fountain and bench along the Los Gatos Creek trail. Any alternatives to these modifications must be approved by the City Engineer. b. Relocation and/or replacement of existing improvement and underground utilities as necessary, and protection of existing facilities to remain. 95. Maintenance of Landscaping: Current and future owner(s), including HOA ownership, 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. 96. Maintenance of Pedestrian Pathway: Prior to the issuance of any grading or building permits for the site, the applicant shall execute a maintenance agreement to maintain the enhanced pedestrian pathway joining Creekside Way to the Los Gatos Creek Trail adjacent to the project site. This includes, but is not limited to: lighting, landscaping, irrigation, decorative treatments, walls, fencing, surfacing, sidewalk, etc. 97. 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. 98. Additional Street Improvements: Should it be discovered during the process of construction that new utilities need to be upgraded or installed to serve the site that require work in the public right-of-way not anticipated with this application, the applicant will be required to restore those public improvements to the satisfaction of the City Engineer. City Council Ordinance -Conditions of Approval PLN2011-312 & PLN2012-86 - 1677 S. Bascom Avenue Planned Development Permit & Parking Modification Permit Paae 21 99. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and the Campbell Municipal Code regarding Stormwater pollution prevention. Specifically the project must include source control, site design and treatment measures to achieve compliance with Provision C.3. of the NPDES Permit. Measures may include, but are not limited to, minimization of impervious surface area, vegetated swales, infiltration areas, and treatment devices. The primary objectives are to improve the quality and reduce the quantity of Stormwater runoff to the bay. Resources to achieve these objectives include Stormwater Best Management Practices Handbook for New Development and Redevelopment ("CA BMP Handbook") by the California Stormwater Quality Association (CASQA), 2003; Start at the Source: A Design Guidance Manual for Stormwater Quality Protection ("Start at the Source") by the Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and Using Site Design Techniques to Meet Development Standards for Stormwater Quality.' A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. Upon submission of the tentative vesting map, the applicant shall calculate and submit t the City the amount of impervious surface created by the development including the types of Stormwater controls to be used. The applicant shall submit preliminary sizing and design showing Stormwater controls meet the City's requirements. Prior to the issuance of any grading or building permits: a. The applicant's designer or engineer shall submit the required certification indicating that sizing, selection, and design of treatment BMP's for the project site has been completed to meet the requirements of the City of Campbell's NPDES permit, No. 01-119, Provision C.3. b. The applicant shall sign the "Covenants for the Operation and Maintenance of Stormwater Facilities" and submit a Stormwater Management Plan. Prior to occupancy: a. A qualified BMP certifier is required to inspect the Stormwater management facilities, submit a complete set of as-built drawings to Public Works Engineering, and certify on these drawings that: 1. The Stormwater management facilities were constructed in compliance with the approved plans. 2. The as-built drawings show all pertinent constructed dimensions, elevations, shapes, and materials. 3. All variations in construction from the approved design plan have been identified, including omissions to and additions from the approved plan. 4. Any changes are in conformance with local, state, or federal regulations. City Council Ordinance -Conditions of Approval PLN2011-312 & PLN2012-86 - 1677 S. Bascom Avenue Planned Development Permit & Parking Modification Permit Paae 22 b. The applicant shall provide security for the operation and maintenance of stormwater pollution prevention measures installed or provided as a part of this project. The applicant shall also comply with any other or new conditions as required by the City of Campbell's most current NPDES permit. 100. Occupancy and Building Permit Final: Prior to allowing occupancy and/or final building permit signoff for any and/or all buildings, the applicant shall have the required street improvements installed and accepted by the City, and the design engineer shall submit as-built drawings to the City. 101. Santa Clara Valley Water District: Prior to issuance of any permits for grading, landscaping, or building, the applicant shall obtain a clearance from the SCVWD through a SCVWD approved permit or other document to the satisfaction of the City Engineer. 102. 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. WEST VALLEY SANITATION DISTRICT OF SANTA CLARA COUNTY 103. Sewer connection: The applicant will be required to abandon all existing sewer connections and construct a new privately maintained sewer system for the new development. This private sewer system must be designed and constructed to the district's public sewer standard. Pursuant to district ordinance, code Section 10.130 "TIME OF PAYMENT OF SEWER CONNECTION AND TREATMENT PLANT CAPACITY FEES". SANTA CLARA VALLEY WATER DISTRICT 104. Easements: The SCVWD has two easements, a 21-foot wide storm drain easement and 23-foot wide ingress/egress easement, over the westerly side of the site adjacent to Los Gatos Creek and a floating ingress/egress easement through the site to access the defined easements from Bascom Avenue. Per the District's Water Resources Protection Ordinance, a District permit will be required for any work on the District's easement prior to the start of construction. A permit application, which can be found at the District's website www.valleywater.org, must be submitted to the District by the applicant with the initial filing fee of $250. Please be advised that all landscaping at the site needs to conform to the Guidelines and Standards for Land Use near Streams, Design Guides 2-5. City Council Ordinance -Conditions of Approval PLN2011-312 & PLN2012-86 - 1677 S. Bascom Avenue Planned Development Permit & Parking Modification Permit 105. Site Access: In the event that the District needs to complete repairs to the existing retaining wall along Los Gatos Creek, the 21-foot wide storm drain easement would be used for the actual construction and the 23-foot wide ingress/egress would be used for access and staging. District use of the easements to complete work on Los Gatos Creek would impact site parking and residential access, and the site design needs to take into account these activities, including the potential use of the entire storm drain easement for permanent creek improvements. The District's easement deed notes that the District will not be responsible for the loss of value of any improvements placed within the storm drain easement due to District's utilization of the easement. 106. Creek Trail Access: Plans showing details for the construction of the trail access need to be provided to the District as it appears the site is elevated above the trail and there is a retaining wall between the existing trail and the project site which will require grading and possible other improvements to create the access. Confirmation from the applicant will also be required showing that the access will be open to the general public and all portions of the access located on District property will be the responsibility of the applicant is necessary prior to the issuance of a grading or building permit.