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PC Res 4137RESOLUTION NO. 4137 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A TENTATIVE VESTING SUBDI\/ISION MAP (PLN2013-43) TO CREATE NINE NEW SINGLE- FAMILI~' RESIDENTIAL PARCELS ON PROPERTY LOCATED AT 1411 & 1421 WESTMONT AVENUE. After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. The Planning Commission finds as follows with regard to file number PLN2013-43: Environmental Findin 1. A Mitigated) Negative Declaration has been prepared for this project concluding that there are no significant unmitigated impacts associated with this project, pursuant to the California Environmental Quality Act (CEQA). Evidentiary Findings 1. The proposed project tentative vesting subdivision map allows for anine-lot single- family residential subdivision. 2. The 1.96 acre site project site is currently developed with two single-family residences, which will be demolished for this project. 3. The project site is bordered by single-family residences and a vacant lot to the north, and single-family residences to the south and west. To the east is a single- family residence and Smith Creek, a channelized creek owned and managed by the Santa Clara Valley Water District. 4. The creation of nine conforming single-family residential lots is consistent with the Low Density Residential (less than 6 units per gross acre) General Plan land use designation. 5. The maximum density allowed under the proposed General Plan land use designation is 6 units per gross acre and the project provides 4.6 units per gross acre. 6. The proposed Tentative Subdivision Map is consistent with the R-1-6 Zoning District. 7. The removal of one 24-inch Cedar tree is exempt from the Tree Removal Permit regulations as retention would undermine the required LID measures for the treatment of stormwater prior to discharge into the City's public storm-drain system for the newly created residential parcel upon which the tree is located. Planning Commission Resolution No. 4137 PLN2013-43 - 1411 & 1421 Westmont Avenue Approval of a Tentative Vesting Subdivision Map Page 3 these agencies raised any concerns about providing services to the proposed lots. Specific comments from local agencies have been incorporated as Conditions of Approval. Based on the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed Tentative Vesting Subdivision Map is consistent with the General Plan and Zoning Ordinance of the City. 2. The proposed Tentative Vesting Subdivision Map does not impair the balance between the housing needs of the region and the public service needs of its residents and available fiscal and environmental resources. 3. The design of the Tentative Vesting Subdivision Map provides, to the extent feasible, four future passive or natural heating and cooling opportunities. 4. The development and uses will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. 5. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. 6. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. 7. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required Conditions of Approval, will have a significant adverse impact on the environment. THEREFORE, BE IT RESOLVED that the Planning Commission approves a Tentative Vesting Subdivision Map (PLN2013-34) to create nine new single-family residential parcels on propE:rty located at 1411 & 1421 Westmont Avenue, subject to the attached Conditions of Approval (attached Exhibit A). Planning Commission Resolution No. 4137 PLN2013-43 - 1411 & 1421 Westmont Avenue Approval of a Tentative Vesting Subdivision Map Paae 4 PASSED AND ADOPTED this 28th day of January, 2014, by the following roll call vote: AYES: Commissioners: Dodd, Finch, Kendall, Resnikoff, Reynolds, and Rich NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: Roseberry ' APPROVED: ~ °" ~~'~ .' Paul Resnikoff, Chair i ~~~ /' ` ATTEST: ~ - ~, ~r'~; ~/ Paul Kermoyan, Secretary Exhibit A CONDITIONS OF APPROVAL PLN2013-43 Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney or Fire Department is required, that review shall be for compliance withi 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 1. Approved Project: Approval is granted for a Tentative Vesting Subdivision Map (PLN2013-43) allowing the creation of nine residential parcels. The tract map and grading and improvement plans shall substantially conform to the Tentative Vesting Subdivision Map, prepared by Sterling Consultants, stamped as received by the Planning Division on December 16, 2013, except as may be modified by the Conditions of Approval herein. Nothing contained on the Tentative Vesting Subdivision Map or set forth in the accompanying application shall prevent the City from exercising the full authority on subsequent approvals or permits authorized under all ordinances, policies, and standards in effect at the time the application for this map vas deemed complete, including the right to condition or deny such approvals or permits. 2. Approval Expiration: The Tentative Vesting Subdivision Map approval is valid for a period of tvvo years from the date of final Planning Commission approval unless an extension i:s granted prior to the expiration date. Recordation of the tract map must occur within this two-year period. 3. Administrative Site and Architectural Review Permits Required: In compliance with the San Tomas Area Neighborhood Plan, construction of new residences within the subdivision shall require approval of Administrative Site and Architectural Review Permits for each new residence on each new lot subject to all applicable conditions of approval herein. 4. Indemnity: Within thirty (30) days of project approval, the applicant shall enter into an agreement satisfactory to the City Attorney to indemnify and defend the City of Campbell, its officers, officials, employees, and agents from any and all actions, liabilities, losses, and torts, including attorney's fees arising out of or connected unto any challenge to the decision of the City of Campbell on this application. 5. Street Narrre: Public Street Names are determined by the City of Campbell. The applicant shall rename the public street as determined by City staff and the Civic Improvement Commission prior to map recordation. Conditions of Approval Tentative Vesting Subdivision Map - PLN2013-43 ~ 1411 & 1421 Westmont Avenue Page 2 6. Park Impact Fee: A park impact fee is due upon development of the site, based on the development density of less than 6 units per gross acre. Prior to recordation of the Final Subdivision Map, 75% of this fee is due. The remaining 25% is due prior to issuance of a certificate of building occupancy. The fee is currently set at $17,105 pE~r lot, less a credit for the two existing single-family residences. This fee is subject t:o change and the fee in effect at the time of payment shall be the fee due. 7. Property Maintenance: The property is to be maintained free of any combustible trash, debris and weeds until the time that actual construction commences. All existing structures shall be secured by having windows boarded up and doors sealed shut until such time as the residences are demolished as required prior to map recordation. 8. Planning Mitigation Monitoring Fee: Prior to recordation of the tract map, issuance of a grading permit or demolition permit, 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 hE~rein. 9. 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 and in conformance with the City's Flood Damage Prevention Ordinance. 10. Pad Certification: Following site grading and prior to preparation of individual building pad forms, the improvements shall be certified by a licensed land surveyor and reviewed by the Community Development Director to determine consistency with preliminary grading, drainage, and utility plan. Any variation in pad height that exceeds six (6) inches from the pad height elevations noted within the preliminary grading, drainage, and utility plan shall be returned back to the Planning Commission for further consideration. 11. Lot One Design: Application for the construction of a residence upon Lot 1 will require that the main entrance to the residence to face Westmont Avenue in such a manner that the southern elevation is the prominent elevation, consistent with the surrounding neighborhood. 12. Lot One Fencing Along Westmont Avenue: Any fencing along the Westmont frontage of Lot One is limited to a maximum height of 3.5 feet and shall be consistent with the City's front yard fencing regulation. Conditions of Approval Tentative Vesting Subdivision Map - PLN2013-43 ~ 1411 & 1421 Westmont Avenue Page 3 13. Front Yard Fencing for Lots One through Nine: Fencing no taller than 3.5 feet is required along the front property line of each newly created parcel, except for areas of vehicular access. The high quality decorative fencing shall be at least fifty percent open to air and light. The fencing is required to delineate the public versus private realm regards to the stormwater treatment areas and the residential front yards. They design and location of the front yard fencing shall be reviewed and approved k-y the Community Development Director prior to issuance of any building permits for the project. 14. General Fencing: All new fencing, except as described in Conditions #10 and #11, shall be installed around the perimeter of the project site abutting adjacent properties. Fencing shall be good-neighbor style wood fence 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. 15. Landscapiri Plan: Prior to recordation of the tract map, or concurrent with the submittal of Site and Architectural Review Permits for individual residences on the approved new parcels, whichever occurs first, the applicant shall submit a comprehensive landscaping plan for the entire subdivision that shall specify landscape treatment for front yards, back yards, and stormwater retention areas. The plan shall be consistent with the City Landscaping Requirements (CMC § 21.26 and the State Water Efficient Landscape Requirements-California Code of Regulations, Title 23, Ch. 2.7, Div. 2). [Mitigation Measure AES-1] 16. Construction Activity: The following practices should be followed during all phases of site preparation and construction activities. [Mitigation Measure AIR-1 / NOISE- 1] a. Use dust-proof chutes for loading construction debris onto trucks. b. Water or cover stockpiles of debris, soil, and other materials that can be blown by the wind. c. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard. d. Sweep daily (with water sweepers) all paved access roads, parking areas, and staging areas at the construction site. e. Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets, as directed by the City Engineer. f. Enclose, cover, water twice daily or, or apply (non-toxic) soil stabilizers to exposed stockpiles (dirt, sand, etc.). g. Install erosion control measures to prevent runoff from the project site. h. 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 Conditions of Approval Tentative Vesting Subdivision Map - PLN2013-43 ~ 1411 & 1421 Westmont Avenue Page 4 shall take place on Sundays or holidays unless an exception is granted by the Building Official. Truck routes to and from the construction site shall be established to avoid access to the project site via residential streets where possible. j. All construction equipment with internal combustion engines used on the project site shall be properly muffled and maintained in good working condition. k. Unnecessary idling of internal combustion engines shall be strictly prohibited. I. All stationary noise-generating construction equipment, such as air compressors and portable power generators, shall be located as far as possik~le from noise-sensitive receptors such as existing residences and businE~sses. m. Prior i:o 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. 17. Archaeological & Paleontological Resources: If archaeological or paleontological resources are encountered during excavation or construction, construction personnel shall be instructed to immediately suspend all activity in the immediate vicinity of the suspected resources and the City and a licensed archeologist or paleontologist shall be contacted to evaluate the situation. A licensed archeologist or paleontologist shall be retained to inspect the discovery and make any necessary recommendations to evaluate the find under current CEQA guidelines prior to the submittal of a resource mitigation plan and monitoring program to the City for review and approval prior to the continuation of any on-site construction activity. [Mitigation Measure CUL-1] 18. Human Remains: 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 An'ierican 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 limited to, respectful scientific recording and removal, being left in placE~, removal and reburial on site, or elsewhere. Associated grave goods are to be trE~ated in the same manner. [Mitigation Measure CUL-2] 19. Geology/Soils: The applicant shall comply with the recommendations in the Soils and Foundation Report, dated June 12, 2013 by American Soil Testing, Inc. Such recommendations shall be incorporated into the project's final engineering design to minimize the damage from seismic shaking, unsuitable fill, and other geological deficiencies.. The project shall use standard engineering techniques and conform to Conditions of Approval Tentative Vesting Subdivision Map - PLN2013-43 ~ 1411 & 1421 Westmont Avenue Page 5 the requirements of the International Building Code to reduce the potential for seismic damage and risk to future occupants. [Mitigation Measure GEO-1] 20. Utility Boxes: All utility boxes and equipment, including PG&E, cable, and telecommunications boxes shall be installed underground. PUBLIC WORKS DEPARTMENT 21. Tentative Map: The applicant shall submit a tentative map for review by the City. 22. Final Map: Prior to issuance of any grading or building permits for the project, the applicant shall submit a final map for review by the City and recordation, upon approval bey the City Council, pay various fees/deposits and submit the map in a digital format acceptable to the City. 23. Preliminary Title Report: Upon submittal of the final map, the applicant shall provide a current (within the past 6 months) Preliminary Title Report. 24. Right-of-Way for Public Street Purposes: Upon recordation of the final map, the applicant shall fully complete the process to cause additional right-of-way to be granted in fee for public street purposes along the new public street (name to be determined) to accommodate afifty-six (56) foot street right-of-way and 38.5 foot cul-de-sac radius right-of-way, unless otherwise approved by the City Engineer. 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 unless otherwise approved by the City Engineer. 25. Public Service Easement: Upon recordation of the final map, the applicant shall grant a 5-foot public service easement on private property contiguous with the public right-of-way along the new street frontage and along Lot 1 fronting Westmont Avenue, unless otherwise approved 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. 26. Public Storm Drainage Easement: Prior to recordation of the final map, a 15-foot public storm drain easement in private property, shall be dedicated to the City to accommodate the proposed public 27. Demolition: Prior to recording of the final map the applicant shall obtain a demolition permit and remove any nonconforming structures. 28. Monumentation for Final Map: Prior to recordation of the final map, the applicant shall provide a cash deposit for setting all monuments shown on the map. Monuments. shall be set per section 20.76.010 of the Campbell Municipal Code Conditions of Approval Tentative Vesting Subdivision Map - PLN2013-43 ~ 1411 & 1421 Westmont Avenue Page 6 including, I~ut not limited to, setting permanent pipe monuments (three-fourths inch galvanized steel pipe two feet long approximately six inches below finished grade) at each boundary of all lot corners within a subdivision, along the exterior boundary lines at intervals of approximately five hundred feet and at all beginning of curves and endincl of curves on property lines, and monument boxes at intersections of all street monument line tangents. 29. Soils Report: Upon submittal of the final map, applicant shall provide a soils report prepared by a registered geotechnical or civil engineer. 30. Grading ar~d 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 and in conformance with the City's Flood Damage Prevention Ordinance. 31. Storm Drain Area Fee: Prior to recordation of the final map, the applicant shall pay the required Storm Drain Area fee, currently set at $2,385 per net acre, which is $4,448. 32. Tree Removals : To accommodate the required street improvements and new public street, three existing public trees will be removed as part of this project. New street trees will be installed to replace the public street trees removed. Applicant shall apply for a Tree Removal Permit for the tree removal and replacement. 33. 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. All utility services serving the development shall be underground services. 34. Water Meter(s) and Sewer Cleanout(s): Proposed water meter(s) and sewer cleanout(s) shall be installed on private property behind the public right-of-way line. 35. Utility Coordination Plan: Prior to recordation of the final map, 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. 36. Pavement I~estoration: Based on the utility coordination plan, the applicant shall prepare a pavement restoration plan for approval by the City Engineer prior to any Conditions of Approval Tentative Vesting Subdivision Map - PLN2013-43 ~ 1411 & 1421 Westmont Avenue Page 7 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. Westmont Avenue 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. 37. Street Improvements: Prior to recordation of the final map, the applicant shall execute a street improvement agreement, cause plans for public street improvements to be prepared by a registered civil engineer, pay various fees and deposits, post security and provide insurance necessary to obtain an encroachment permit for construction of the standard public street improvements, as required by the City Engineer. The plans shall include the following, unless otherwise approved by the City Engineer: New Public: Street (Name To Be Determined) a. Show location of all utilities within the new public right of way. b. Installation of City standard rolled curb and gutter. c. Installation of a curb and gutter footing, designed by a registered civil engineer, as required by the City Engineer. The footing shall be for those locations adjacent to the stormwater treatment areas. d. Installation of engineered structural pavement section to centerline, as required by the City Engineer. e. Installation of storm drain facilities (inlets, pipes, etc.). f. Installation of streetlights, conduits, conductors and related facilities in accordance with the City of Campbell's Street Lighting Policies. g. Installation of traffic control, stripes and signs on the new public street. h. Installation of stormwater Treatment Facilities conforming to the requirements of the Municipal Regional stormwater Permit and the City of Campbell. This includes but is not limited to landscaping, certified soil media, drain rock, storm drain lines and irrigation. i. Construction of conforms to existing public and private improvements, as necessary. j. Submit final plans in a digital format acceptable to the City New Public Street (Name To Be Determined) a. Show location of all utilities within the new public right of way. b. Removal of existing driveway approach and replacement of City Standard sidewalk, curb and gutter. c. Installation of ADA curb ramps at the northwest and northeast corners of Westmont Avenue and the new public street. d. Installation of storm drain facilities (inlets, pipes, etc.). e. Installation of City approved street trees and irrigation. f. Installation of asphalt overlay per street pavement restoration plan for utility installation and/or abandonment, as required by City Engineer. Conditions of Approval Tentative Vesting Subdivision Map - PLN2013-43 ~ 1411 & 1421 Westmont Avenue Page 8 g. Installation of streetlights, conduits, conductors and related facilities in accordance with the City of Campbell's Street Lighting Policies. h. Restripe entire front of Westmont Avenue where pavement areas may be disturbed. i. Construction of conforms to existing public and private improvements, as necessary. j. Submit final plans in a digital format acceptable to the City 38. 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. 39. Additional Street Improvements: Should it be discovered after the approval process that new utility main lines, extra utility work or other work is required to service the development, and should those facilities or other work affect any public improvements, the City may add conditions to the development/project/permit, at the discretion of the City Engineer, to restore pavement or other public improvements to the satisfaction of the City. 40. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the San Francisco Bay Regional Municipal Stormwater Permit (MRP) 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 MRP. Measures may include, but are not limited to, minimization of impervious surface area, vegetated swales, infiltration areas, and treatment areas. 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 subrriission of the final map, the applicant shall calculate and submit to the City the amount of impervious surface created by the development including the types of stormwater controls to be used. The applicant shall submit preliminary sizing and design showing stormwater controls meet the City's requirements. Prior to recordation of the final map: Conditions of Approval Tentative Vesting Subdivision Map - PLN2013-43 ~ 1411 & 1421 Westmont Avenue Page 9 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 h;as been completed to meet the requirements of the City of Campbell's NPDE:S permit, No. 01-119, Provision C.3. b. The applicant shall 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. b. The applicant shall provide a funding mechanism 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 MRP. 41. Santa Clara Valley Water District (SCVWD): Prior to recordation of the final map, the applicant shall obtain clearance from the SCVWD for the proposed development and proposed outfall into the channel. 42. Occupanc~~ 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. 43. Deed Restrictions: Prior to recordation of the final map, the owner shall execute a deed restriction, or other document as approved by the City Engineer, that restricts property ovvners from modifying the area identified for stormwater treatment within the public right-of-way along property frontages. 44. Lot Line Adjustment: Prior to recordation of the final map, the applicant shall provide a recorded conforming copy of the Certificate of Compliance for the Lot Line Adjustment (LLA) and the grant deeds pertaining to the LLA for APN 403-10- 081 and 403-10-113 (1395 Westmont Avenue and 1411 Westmont Avenue). 45. State General Construction Activity Permit: Prior to the issuance of any grading or building permits, the applicant shall comply with the State General Construction Conditions of Approval Tentative Vesting Subdivision Map - PLN2013-43 ~ 1411 & 1421 Westmont Avenue Page 10 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. 46. Stormwater Facility Maintenance Funding: Due to the scope and scale of the project, the applicant is required to design and construct stormwater treatment facilities for the stormwater runoff of the proposed public areas and private lots. The facilities shall comply with the San Francisco Bay Regional Municipal Stormwater Permit (MRP) 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 PVIRP. The biotreatment areas will be installed in the public right-of-way as the method to comply with the required stormwater treatment. The City shall have ownership, as required, of the stormwater treatment facilities and will provide the administration and maintenance for the treatment facilities. Prior to recordation of the final map, the applicant shall provide a mechanism sufficient to fund the required administration and maintenance of the stormwater facilities and landscaping. The applicant shall have the option of either (1) requesting the City to establish a Community Facilities District (CFD); (2) paying a one-time development impact fee in the amount of Six Hundred Thousand Dollars ($600,000); or (3) a City approved combination thereof. Should the applicant elect to request to establish a CFD, the applicant shall submit a deposit of Ten Thousand Dollars ($10,000) to the Public Works Department to cover actual staff, consultant(s) and administration costs to establish the CFD. Additionaldeposits may be required should the initial deposit not be sufficient to cover the costs incurred by the City. If there are funds remaining, the balance of the funds would be returned to the applicant. The applicant shall allow 4 months after the applicant's request for staff to establish the CFD. The CFD is required to be established prior to recordation of the tract map. 47. Santa Clara Valley Water District (SCVWD): Prior to issuance of any permits for grading, landscaping, or building or the recordation of the final map, the applicant shall obtain. clearance from the SCVWD. FIRE DEPARTMENT 48. Limit of Review: Review of this Developmental 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 Conditions of Approval Tentative Vesting Subdivision Map - PLN2013-43 ~ 1411 & 1421 Westmont Avenue Page 11 shall make application to, and receive from, the Building Department all applicable construction permits. 49. 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%. For installation guide lines refer to Fire Department Standard Details and Specifications sheet A-1. CFC Sec. 503. 50. Fire Department (Engine) Roadway Turn-around Required: Dead-end fire apparatus access roads in excess of 150 feet (45 720 mm) in length shall be provided with an approved area for turning around fire apparatus. 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 Specification sheet A-1. Cul-De-Sac Diameters shall be no less than 72 feet. CFC Sec. 503. 51. 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. 52. Fire Sprinklers Required: An automatic residential fire sprinkler system shall be installed in one- and two-family dwellings as follows: In all new one- and two-family dwellings and in existing one- and two-family dwellings when additions are made that increase the building area to more than 3,600 square feet. Exception: A one- time additic-n to an existing building that does not total more than 1,000 square feet of building area. NOTE: The owner(s), occupant(s) and any contractor(s) or subcontrac1tor(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. NOTE: Covered porches, patios, balconies, and attic spaces may require fire sprinkler coverage. A State of California licensed (C-16) Fire Protection Contractor shall submit plans, calculations, a completed permit application and appropriate fees to this department for review and approval prior to beginning their work. Section R313.2 as adopted and amended by CMC. 53. Water SupQly Requirements: 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. ~>uch 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 Conditions of Approval Tentative Vesting Subdivision Map - PLN2013-43 ~ 1411 & 1421 Westmont Avenue Paae 12 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. 54. 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. CFC Sec. !505. 55. Construction Site Fire Safety: All construction sites must comply with applicable provisions of the CFC Chapter 14 and our Standard Detail and Specification SI-7. SANITATION DISTRICT 56. Sewer System Standard: The proposed public sewer system must be designed and constructed to the District's public sewer standard. Plans for the new sewer must be submitted into this office for review and approval. 57. Fees Due: Pursuant to District ordinance section 10.130, 'Time of Payment of Sewer Connection and Treatment Plan Capacity Fee', the developer must pay all applicable fees (to be determined) prior to recordation of the Final Map. 58. Sewer Permit: A sewer connection permit is required. The permit will be issued after the completion of the new sewer system. The sewer connection fee, treatment plant capaci~ fee, and sewer connection fee, will be determined after the submittal of the sewer improvement plans. WATER DISTRICT 59. Permit Rewired: Any work on or within the District right-of-way (fee title or easement) is subject to review and issuance of a District permit prior to construction. Revised plans and hydraulic analysis must be submitted for review and approval prior to the start of any construction. Please reference files number 32831 on any future submittals regarding this project. 60. Grading: Tlhe grading plan shows a proposed outfall and direct overland release of runoff into the creek. The site must be graded away from the creek to avoid runoff via overbank release. Increased runoff due to development must be mitigated to pre-development levels by detaining on site. Efforts must be made to direct the increased runoff to bio-swales and/or dispersed onto the landscaped areas on the site. Site storm runoff must be directed into an existing storm drain system. If this is not possible due to site conditions, and if the outfall connection is necessary, it must be designed in accordance with District guide sheets. Conditions of Approval Tentative Vesting Subdivision Map - PLN2013-43 ~ 1411 & 1421 Westmont Avenue Page 13 61. Topoctraphic Maps: The applicant shall provide topographic maps that show existing arnd proposed grading on the site. 62. Flood Zone: Most of the project site is located in Zone X, an area with minimal flooding and the portion of the site along the channel is location in Zone A, where the Base F=food Elevations (BFEs) have not been determined. Impacts of the fill, and increased runoff due to the proposed development on the 100-year floodplain must be ainalyzed and evaluated, so as not to increase areas of flooding and/or cause an increase in the 100-year water surface elevation upstream and downstream of the site. District does not have any existing hydraulic analysis available downstream of SPRR on Smith Creek; therefore, cannot provide BFEs at the location of the site. Consistent with the City's requirement, a hydraulic analysis is required to determine the limits of the 100-year floodplain, determine BFEs, and to evaluate the impacts of the proposed development on the floodplain. PG~E 63. Utilities: The installation of new gas and electric facilities and/or the relocation of existing PG&E facilities will be performed in accordance with common law or Rule and Tariffs as authorized by the California Public Utilities Commission.