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PC Res 4335RESOLUTION NO. 4335 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A MASTER USE PERMIT (PLN2015-358) TO ALLOW THE CONSTRUCTION OF .A 5-STORY 100,000 SQUARE-FOOT OFFICE BUILDING, 'FOUR RETAIL BUILDINGS CONSTITUTING 18,600 SQUARE-FEET, A 30,000 SQUARE- FOOT FITNESS FACILITY OR A 12,000 SQUARE-FOOT RETAIL/OFFICE BUILDING, EXPANSION OF THE EXISTING PARKING STRUCTURE (3 OR 5 STORIES), VARIOUS SITE IMPROVEMENTS, ALTERATIONS TO EXISTING BUILDINGS, ESTABLISHMENT OF A NEW LAND USE ~ PROGRAM INCLUDING SPECIFYING PERMITTED AND CONDITIONAL USES, CONTINUED ALLOWANCE OF A SHARED PARKING PROGRAM, AND IMPLEMENTATION . OF A TRANSPORTATION DEMAND MANAGEMENT PROGRAM (TDM) FOR THE PRUNEYARD SHOPPING CENTER AND OFFICES LOCATED AT 1875, 1887, 1901, 1919, 1995, & 1999 S. BASCOM 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 No. PLN2015-358: Environmental Finding An Initial Study has been prepared for the Pruneyard Shopping Center and Offices Expansion Project ("Proposed Project") which provides documentation for the factual basis for concluding that a Mitigated Negative Declaration may be adopted since no substantial evidence exists, in light of the whole record, that the project may have a significant effect on the environment. Evidentiary Findings The Project Site is The Pruneyard Shopping Center and Offices, a 27 acre multi-use property encompassing three professional office buildings, ahotel, amulti-building retail shopping center, and amulti-level parking garage. The property is bounded by Bascom and Campbell Avenues to the east and south, Highway 17 to'the west, and the Pruneridge Plaza Apartments and the Campisi Way terminus to the north. 2. The Project Site is within the C-2 (General Commercial) Zoning District and the C-2-O (General Commercial/Overlay) Combining Zoning District as depicted on the Campbell Zoning Map adopted pursuant to Campbell Municipal Code Section 21.040.030. Planning Commission Resolution No. 4335 Recommending Approval of a Master Use Permit Page 2 3. The Project Site is designated by the General Plan Land Use Diagram as General Commercial, which corresponds with the above referenced Zoning District designations. 4. The Pruneyard Shopping Center and Offices Expansion Project ("Proposed Project") consists of the following components: • Zoning Map Amendment (PLN2015-357): To amend the Campbell Zoning Map to rezone a portion of The Pruneyard from the C-2 (General Commercial) Zoning District to the C-2-O (General Commercial /Overlay) Combining Zoning District for a consistent zoning designation over the entire property. • Master Use Permit (PLN2015-358): To allow the construction of a 100,000 square- foot (5-story) office building, four retail buildings constituting 18,600 square-feet, a 30,000 square-foot fitness facility or a 12,000 square-foot retail/office building, expansion of thg existing parking structure (3 or 5 stories), various site improvements, alterations to existing buildings, establishment of a new land use program including specifying permitted and conditional uses, continued allowance of a shared parking program, and implementation of a transportation demand management program (TDM): • Tentative Vesting Parcel Map (PLN2015-77): To allow division of the property into three parcels. . • Tree Removal Permit (PLN2015-335): To allow removal of on-site "protected" trees. • Master Sign Plan with a Freeway Oriented Sign (PLN2015-78): To allow a new comprehensive signage scheme including afreeway-oriented sign, ari increase in sign area, height, and number. • Zoning Text Amendment (PLN2015-76): To revise various sections of the Campbell Zoning Code (Title 21 of the Campbell Municipal Code) to reference the land ~ use program created by the Master Use Permit and to allow the signage proposed by the Master Sign Plan. 5. As noted above, the Master Use Permit is part of the overall Proposed Project and has been reviewed in conjunction with all other aspects of the Proposed Project. 6. The Master Use Permit is adopted pursuant to the provisions of the Overlay Combining Zoning District, which requires adoption of a Conditional Use Permit to create, establish, erect, construct, enlarge, place, or install any building, structure, or use. 7. Approval of a Zoning Code Amendment adopted by separate ordinance will amend the provisions of the Overlay Combining Zoning District to specify that the Conditional Use Permit for a regional commercial center shall be known as a "Master Use Permit". The proposed Master Use Permit will be consistent with the provisions of the Overlay Combining Zoning District with adoption of the aforementioned ordinance. 8. The Pruneyard Shopping Center and Offices meets the definition of a regional commercial center. Planning Commission Resolution No. 4335 Page 3 Recommending Approval of a Master Use Permit 9. The entirety of Project Site will be within the Overlay Combining Zoning District with approval of a Zoning Map Amendment adopted by separate ordinance. 10.The Overlay Combining District is intended to provide modifications, additions and limitations to zoning districts to meet special conditions and situations concerning properties within such zoning districts that cannot otherwise be treated satisfactorily. 11. The multi-use nature of The Pruneyard Shopping Center and Offices, including a retail shopping center, a hotel, and three office buildings, its shared parking arrangement between the different uses, the incremental development over several decades, as well as the overall scale of the Project Site, constitute a special condition and situation. 12. By provision of a numeric maximum for liquor licenses with the Master Use Permit, it is affirmatively determined that there is not an overconcentration of alcohol service establishments or an undue proximity of off-site alcoholic sales establishments within The Pruneyard. 13. The Planning Commission has considered traffic safety, traffic congestion, and site circulation, including the effect of the site development plan on traffic conditions on abutting streets, the layout of the site with respect to locations and dimensions of vehicular and pedestrian entrances, exit driveways and walkways, the arrangement ~~ and adequacy of off-street parking facilities to prevent traffic congestion, the location, arrangement and dimensions of truck loading and unloading facilities, the circulation patterns within the boundaries of the development; and the surfacing and lighting of off- street parking facilities. `_ 14. The Planning Commission has also considered landscaping improvements, including the the location, height arid material of walls, fences, hedges, and screen plantings to insure harmony with adjacent development or to conceal storage areas, utility installations or other unsightly development, the planting of ground cover or other surfacing to prevent dust and erosion; and the unnecessary destruction of existing healthy trees. 15. The Planning Commission has also considered the building and site layout, including thee general silhouette and mass of buildings, including location on the site, elevations and relation to natural plant coverage, all in relationship. to the neighborhood, the exterior design of buildings in relation to adjoining structures in height, bulk, and area openings, breaks in the facade facing on the street, line and pitch of roof, and arrangement of structures on the parcel, and special conditions and situations concerning the property and the adjoining properties. 16. Consideration of the above referenced matters includes the preparation and conclusions of professional reports prepared for the Proposed Project, including a Traffic Impact Analysis (TIA), a Site Plan Evaluation (within the TIA), a Parking Demand and Supply Analysis (peer-reviewed by the TIA consultant), and a report by the City's Architectural Advisor. 17. Consideration of the above referenced matters also reflects an understanding that the parking within the Project Site operates under a shared parking scheme that accounts Planning Commission Resolution No. 4335 Recommending Approval of a Master Use Permit Page 4 for daily variability among differing land uses. As demonstrated by the Parking Demand and Supply Analysis and as confirmed by the Traffic Impact Analysis, the Project Site will be adequately parked. 18. Properties within the Overlay Combining Zoning District are not subject to the City's standard parking requirements due to the special conditions and situations; therefore, a Parking Modification Permit is not necessary 19.The approval duration of the Master Use Permit is consistent with the Campbell Municipal Code that allows the City to establish expiration dates within a permit or project approval. 20.The Master Use Permit, specifically including its land use program, is consistent with purpose and intent the General Commercial Land Use Designation. 21. The Master Use Permit is consistent with General Plan goal, policies, and strategies for the Pruneyard/Creekside, listed below, by substantially improving the aesthetic character and pedestrian-orientation of The Pruneyard, strengthening th'e center's linkage to Downtown Campbell, enhancing the connection to the Los Gatos Creek Trail, activating the southwest corner adjacent to the new "portals" opening with the new office and retail buildings, taking advantage of development capacities within an appropriately designated part of the City, sharing parking facilities amongst different uses, and maintaining consistency with the adopted land use maximums. Goal LUT-14: The Pruneyard/ Creekside Area as an active, connected "urban village" with a mixture `of commercial, office, residential, entertainment and recreational uses functioning as a community and regional focal point. Policy LUT-14.1: Area Plan: Develop an Area Plan for the Pruneyard /Creekside Commercial District. Policy LUT-14.2: Development Intensities: Allow higher development intensities within the Pruneyard./Creekside area. Strategy LUT-14.2a: Maximum Height: Allow new buildings and redeveloped buildings to develop at ' the maximum height in the Pruneyard/Creekside Area, subject to traffic and environmental constraints. Strategy LUT-14.2b: Floor Area Ratio (FAR): Allow a maximum FAR of 2.0 for new development or redevelopment within the Pruneyard/Creekside Area. Policy LUT-14.3: Physically Connected: Encourage new development in the Pruneyard/Creekside Area that is physically connected to existing development and oriented towards the creek trail with appropriate setbacks, and that provides logical connections and access to the creek trail. Strategy LUT-14.3d: Links to Los Gatos Creek: Ensure that new development provides visual and pedestrian linkages with Los Gatos Creek. Strategy LUT-14.4a: Floor Area Ratio: Allow sites of greater than 3 acres to maximize densities of up to 2.0 FAR for non-residential uses and up to a maximum residential density of 27 units per gross acre. Project densities on parcels of smaller size will be reduced on a sliding scale as indicated below: Minimum Acres Maximum 'Allowable Density FAR Range Planning Commission Resolution No. 4335 Page 5 Recommending Approval of a Master Use Permit Up to .99 .30 Up to 8 du/acre 1.0 to 1.99 .50 8 to 16 2.0 to 2.99 1.0 8to21 3.0 and above 2.0 8 to 27 Strategy LUT-14.4d: Parking Facilities: Joint use of parking facilities may be utilized with mixed-use development formats on larger parcels. Policy LUT-14.5: Building Orientation: Orient buildings toward public streets. New buildings on corner lots should frame the intersection through the use of reduced setbacks where necessary ,for access, facades that incorporate prominent entries, windows, design details and landscaping. Strategy LUT-14.5b: Non-residential Entries: Orient entries of non-residential developments toward the public street and provide street-level windows and glass front display bays for all street-level office and retail. Strategy LUT-14.5c: Parking Lots: Encourage parking lots at the side of or rear of, or below buildings. Parking lots are strongly discouraged between buildings and the sidewalk. Strategy LUT-14.6b: Ground Floor Retail Uses: Ensure ground floor retail uses on Bascom and Hamilton Avenues, with vibrant street level elevations. Strategy LUT-14.6c: Decorative Features: Development projects should incorporate decorative features including plazas that incorporate amenities such as public art, special paving, tile, and fountains. 22.The Master Use Permit is also consistent with the following General Plan strategies and policies with regards to the appropriate type, intensity, and location of development, provision of transportation features and programs, suitable pedestrian and bicycle access and amenities, safe and efficient site layout, creative and high quality architectural design, pedestrian-oriented urban form, maintaining a balanced mix of uses, implementation of public improvements, and provision of a variety of uses within the community. Strategy LUT-1.5a: Transit-Oriented Development: Encourage transit-oriented development including employment centers such as office and research and development facilities and the city's highest density residential projects by coordinating the location, intensity, and mix of land uses with transportation resources, such as Light Rail. Strategy LUT-1.5d: Higher Floor Area Ratios (FARs): Develop provisions for allowing higher FARs in new projects that provide a mix of uses, maintain ajobs/housing balance or are located within proximity to Light Rail. Strategy LUT-1.5f: Transportation Impact Mitigation: development that impacts the transportation system. Evaluate the establishment of a Complete Streets Impact fee policy to be imposed on new development and applied toward improving the City's multimodal transportation system. Strategy LUT-2.1c: Bicycle Facilities: Require adequate and secure bicycle facilities at employment centers, activity centers, and residential projects. Strategy LUT-2.1k: Private Development: Developers will be required to make public improvements related .to their project to improve and enhance bicycle, pedestrian and transit opportunities consistent with City policy. Strategy LUT-2.1q: Transportation Demand Management (TDM): For new employment centers require TDM site design measures including carpool and van pool parking, bicycle storage, and discounted public transit programs. Planning Commission Resolution No. 4335 - Page 6 Recommending Approval of a Master Use Permit Strategy LUT-2.3a: Intersection Level of Service: To the extent possible, maintain level of service (LOS) on designated intersections consistent with the Santa Clara County Congestion Management Plan. Policy LUT-2.4: Jobs and Housing Balance: Maintain Campbell's balance of jobs and housing units to encourage-residents to work in Campbell, and to limit the impact on the regional transportation system. Strategy LUT-2.4a: Full Range of Land Uses: Provide for a full range of land uses within the City, and for mixed-uses within specific development projects Policy LUT-5.3: Variety of Commercial and Office Uses: Maintain a variety of attractive and convenient commercial and office uses that provide needed goods,-services and entertainment Strategy LUT-5.3b: Minimal Setbacks: Design commercial and office buildings city-wide to have minimal setbacks from the sidewalk except to allow for pedestrian oriented features such as plazas, recessed entryways, and wider sidewalks for outdoor cafes. Discourage parking areas between the public right-of way and the front fagade of the building. Strategy LUT-5.3c: Revitalization of Shopping Centers: Encourage the maintenance and revitalization of commercial shopping centers. Strategy LUT-5.3d: Commercial Centers: Review the design, use and upgrading of commercial centers via the discretionary permit process, and ensure that conditions of approval are adopted that require businesses to be well kept and operated in a way that limit impacts to adjacent uses. Strategy LUT-7.2n: Consistency with Plans: Ensure that new development and substantial remodeling projects are consistent with Specific Plans, Area Plans, City Standard Details and adopted Streetscape Standards to create cohesive design: Strategy LUT-9.1 c: Land Use Objectives and Redevelopment Plans: Permit only those uses that are compatible with land use objectives and redevelopment plans. Policy LUT-9.3: Design and Planning Compatibility: Promote. high quality, creative design and site planning that is compatible with surrounding development, public spaces and natural, resources. Strategy LUT-9.3d: Building Design: Design buildings to revitalize streets and public spaces by orienting the building to-the street, including human scale details and massing that engages the pedestrian. Strategy LUT-9.3e: Building Materials: Encourage the use of long-lasting, high quality building materials on all buildings to ensure the long-term quality of the built environment. Strategy LUT-g.3f: Development Orientation: Orient new development toward public and private, amenities or open space, in particular: • Orient high activity areas such as outdoor dining areas and plazas, and major pedestrian routes toward the amenity or open space. Strategy LUT-g.3g: Pedestrian Amenities: Incorporate pedestrian. amenities such as plazas, landscaped areas with seating, pedestrian walkways into new developments. Strategy LUT-9.3i: Master Plan of Phased Sites: Ensure developers of phased multi-building complexes provide a master plan demonstrating how the entire site will be .developed. . Strategy LUT-10.2a: Streetscape Standards: Implement Streetscape Standards with landscaped boulevard treatment on arterial streets, and implement the installation of street trees per the Standard Street Improvements. Strategy LUT-11.1 d: Bicycle and Pedestrian Connections in Development: Encourage new. or redeveloping projects to provide logical bicycle and pedestrian connections on Planning Commission Resolution No. 4335 Page 7 Recommending Approval'of a Master Use Permit site, between parking areas, buildings, and street sidewalks and to existing or planned public right-of-way facilities and encourage pedestrian passages between street-front sidewalks and rear-lot parking areas. Ensure that the bicycle and pedestrian connections intertace safely. Policy LUT-11:2: Services Within Walking Distance: Encourage neighborhood services within walking distance of residential uses. Strategy LUT-12.1c: ~ Parking Lot Design: Design parking lots to minimize impacts on the street system by providing adequate sized driveways, sufficient queuing and efficient circulation. Strategy LUT-13.1: Variety of Uses: Attract and maintain a variety of uses that create an economic balance within the City while maintaining a balance with other community land use needs, such as housing and open space, and while providing high quality services to the community. Strategy LUT-13.1c: Fiscal Effects of Land Use: Evaluate the fiscal effects of different land uses on City revenues and services. ' 23. The design of the proposed 5-story, 75-foot tall office building was reviewed in terms of its consistency with General Plan Strategy LUT-14.6, which specifically notes that building heights should be reduced towards the adjacent streets, with taller buildings located within the interior of the Pruneyard/Creekside area. The Planning Commission determined that the Option 1 office building, when incorporating the ground and top - floor step-backs of the Option 2 building, would achieve consistency with the Strategy. The required redesign of the building would need. to follow this design direction to minimize its massing and building height as perceived from Campbell Avenue. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The uses (permitted and conditional) allowed by the Master Use Permit are allowed within the C-2 General Commercial Zoning District, and comply with all other applicable provisions of this Zoning Code and the Campbell Municipal Code; 2. The Master Use Permit is consistent with the General Plan; 3. The Project Site is adequate in terms of size and shape to accommodate the fences and walls, landscaping, parking and loading facilities, yards, and other development features required in order to integrate the use with uses in the surrounding area; 4. The Project Site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic the use would be expected to generate; 5. The design, location, size, and operating characteristics of the development approved by the Master Use Permit are compatible with the existing and future land uses on-site and in the vicinity of the subject property; 6. The establishment, maintenance, or operation of the Master Use Permit on the Project Site will not be detrimental to the comfort, health, morals, peace, safety, or general welfare of persons residing or working in the neighborhood of the proposed use, or be Planning Commission Resolution No. 4335 Page 8 Recommending Approval of a Master Use Permit detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city; 7. The Master Use Permit will aid in the harmonious. development of the immediate area; 8. The Master Use Permit is consistent with applicable adopted design guidelines; 9. The Master Use Permit will not result in an over concentration of liquor establishments uses in the surrounding area; 10. The Master Use Permit will not create a nuisance due to litter, noise, traffic, vandalism, or other factors; 11. The Master Use Permit will not significantly disturb the peace and enjoyment of the nearby residential neighborhood; and 12. The Master Use Permit will not significantly increase the demand on city services. THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval of a Master Use Permit (PLN2015-358), included in attached Exhibit B, allow the construction of a five-story 100,000 square-foot office building, four retail buildings constituting 18,600 square-feet, a 30,000 square-foot fitness facility or a 12,000 square- foot retail/office building, expansion of the existing parking structure (3 or 5 stories), various site improvements, alterations to existing buildings, establishment of a new land use program including specifying permitted and conditional uses, continued allowance of a shared parking program, and implementation of a transportation demand management program (TDM), for The Pruneyard Shopping Center and Offices, located at 1875, 1887, 1901, 1919, 1995; 8~ 1999 S. Bascom Avenue, subject to the attached recommended Conditions of Approval (attached Exhibit A). PASSED AND ADOPTED this 13th day of September, 2016, by the following roll call vote: AYES: Commissioners: Bonhagen, Dodd, Hernandez, Reynolds, Young, and Kendall NOES: Commissioners: ABSENT: Commissioners: Rich ABSTAIN: Commissioners: APPROVED: ATTEST: ~ v~ Paul er oyan, Secretary EXHIBIT A RECOMMENDED CONDITIONS OF APPROVAL Master Use Permit (PLN2015-358) Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations and accepted engineering practices for the item under review. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified. COMMUNITY DEVELOPMENT DEPARTMENT Approval of Master Use Permit: Approval is granted fora Master Use Permit (PLN2015-358) to allow the construction of a five-story 100,000 square-foot office building, four retail buildings constituting 18,600 square-feet, a 30,000 square-foot fitness facility or a 12,000 square-foot retail/office building, expansion of the existing parking structure (3 or 5 stories), various site improvements, alterations to existing buildings, establishment of a new land use program including specifying permitted and conditional uses, continued allowance of a shared parking program, and implementation of a transportation demand management program (TDM) for The Pruneyard Shopping Center and Offices located at 1875, 1887, 1901, 1919, 1995, 1999 S. Bascom Avenue. 2. Approved Development Plans. The Master Use Permit incorporates by reference and inclusion as Appendix A, those Development Plans dated as received by the City of Campbell Planning Department on April 29, 2016, consisting of architectural and landscape drawings prepared by Lowney Architecture and civil drawings prepared by HMH. The project shall substantially conform to the Approved Development Plans, which illustrate the construction of new structures, architectural alterations to existing structures, reconfiguration of the site layout, and hardscape and landscaping improvements, as authorized by the Master Use Permit, except as required by Condition of Approval No. 7. 3. Conformance with Master Use Permit: The Master Use Permit shall be the principal land use instrument which governs the use of all land within The Pruneyard Shopping Center and Offices and by which. all approved structures shall be constructed, all existing structures shall be improved, and how the properties shall be maintained subject to the applicable standards and provisions of the Master Use Permit. 4. Approval Effectiveness: Approval of the Master Use Permit shall not be effective until Ordinance No. 22_ and 22_are effective (30 days following passage and adoption). 5. Establishment of the Master Use Permit: The Master Use Permit shall be "established" upon issuance of a building permit for Phase 1 (A/B) in compliance with Campbell Municipal Code Section 21.56.030.8.1 (Issuance of Building Permit), at which time the Master Use Permit shall be controlling. Recommended Conditions of Approval The Prunevard Master Use Permit Page'2 6. Approval Duration/Phasing: Development approved by the Master Use Permit may commence according to the pre-approved phasing and duration periods as specified by the Master Use Permit. Extensions 'to the approval/phasing periods shall be processed as an Amendment to the Master Use Permit. 7. Redesign of Office Building: Prior to issuance of a building permit for the approved five-story 100,000 square-foot office building '01' and no later than December 1, 2025, the applicant shall submit architectural and site improvement drawings depicting a revised building design based on Option 1, with a more articulated facade and stepped massing. The drawings shall be reviewed as an 'Architectural Modification,' which the Community Development Director shall forward to the Site and Architectural Review Committee and Planning Commission for consideration and decision. 8. Master Sign Plan: As approved by separate action, the "final" Master Sign Plan is hereby incorporated by reference into the Pruneyard Master Use Permit by inclusion as Appendix B. Review and approval of signs shall be in compliance with the provisions of the Master Use Permit. - 9. Public Improvement Requirements: Approval of the Master Use Permit incorporates by reference all Conditions of Approval of the associated Vesting Tentative Parcel Map: - 10. Planning Mitigation Monitoring Fee: Prior to issuance of a building permit for Phase 1 A/B, the applicant shall pay a $5,000 Mitigation Monitoring Fee to ensure compliance with the mitigation monitoring. 11. Mitigation Measures: The approved project shall incorporate all Mitigation Measures identified in the Mitigated Negative Declaration, as restated below for reference: • Mitigation Measure AES-1: Prior to submittal of a building permit for the parking garage expansion, the applicant shall submit a photometric analysis prepared by a qualified professional that analyzes stationary and mobile (vehicular) light sources from within the expanded garage onto the adjacent residential property. The analysis shall provide design recommendations as necessary to ensure that new light emissions comply with the City's Lighting Design Standards (CMC Sec. 21.18.090). The construction drawings for the parking garage shall incorporate the design recommendations of the photometric analysis. Mitigation 'Measure AQ-1: BAAQMD Basic Dust Control Measures. The construction contractor shall reduce construction-related air pollutant emissions by implementing BAAQMD's basic fugitive dust control measures, including: • All exposed surfaces (e.g., unpaved parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. • All haul trucks transporting soil, sand, or other loose material off site shall be covered. Recommended Conditions of Approval Page 3 The Pruneyard Master Use Permit • All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. • All vehicle speeds on unpaved roads shall be limited to 15 miles per hour. • All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. • A publically visible sign shall be posted with the telephone number and person to contact at the Lead Agency regarding dust complaints. This person shall respond and take corrective action with 48 hours. The Air District's phone number shall also be visible to ensure compliance with applicable regulations. • Mitigation Measure AQ-2: BAAQMD Basic Exhaust Emissions Reduction Measures. The construction contractor shall implement the following measures during construction to reduce construction-related exhaust emissions: • Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations). Clear signage shall be provided for construction workers at all access points. • All construction equipment shall be maintained and properly tuned in accordance with manufacturer's specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. • Mitigation Measure AQ-3: Implement BAAQMD Enhanced Exhaust Emissions Reduction Measures. The construction contractor shall implement the following measures during construction to further reduce construction-related exhaust emissions: • All off-road equipment greater than 25 horsepower (hp) and operating for more than 20 total hours over the entire duration of construction activities shall meet the .following requirements: o Where access to alternative sources of power are available, portable diesel engines shall be prohibited; and o All off-road equipment shall have: ^ Engines that meet or exceed either USEPA or CARB Tier 2 off-road. emission standards, and ^ Engines that are retrofitted with a CARB Level 3 Verified Diesel Emissions Control Strategy (VDECS). Acceptable options for reducing emissions include the use of late model engines, low- ,. emission diesel products, alternative fuels, engine retrofit technology, after-treatment products, add-on devices such as particulate filters, and/or other options as such are available. Recommended Conditions of Approval The Prunevard Master Use Permit Page 4 • Mitigation Measure BIO-1: If tree removal or ground disturbance activities are scheduled, to commence during the breeding season (February 1st through August 31st), apre-construction nesting bird survey shall be conducted by a qualified biologist to identify possible nesting activity of protected or special- _ status birds within 15 days prior to such activities. If nesting activity is identified during the survey, aconstruction-free buffer of suitable dimensions must be established around any active raptor and migratory bird nest (up to 250 feet, depending on the location and species) for the duration of the project, or until it has ~ been determined that the chicks have fledged and are foraging independently from their parents. • Mitigation Measure BIO-2: All trees to be removed shall be replaced as noted by the following table. The required replacement trees, of species to be approved by the Community Development Director, shall be specifically. indicated on the final landscaping .plan submitted in association with site improvement drawings: Trunk Size of Removed Tree measured at 4 feet above grade Replacement Ratio Required (per tree removed) . Diameter (in inches) °r ~~ ~ Number of replacement trees Minimum Size ~ ~ ~ ~~~ Less than 12 1 5-gallon 12 to 24 1 ~ 24 inch box greater than 24 1 36 inch box • Mitigation Measure CUL-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. • Mitigation Measure CUL-2: In the event a human burial or skeletal element is identified during excavation or construction, work in that location shall stop immediately until the find can be properly treated. The City and the Santa Clara County Coroner's office shall be notified. If deemed prehistoric, the Coroner's office would notify the Native American Heritage Commission who would identify a "Most Likely Descendant (MLD)." The archeological consultant and MLD, in conjunction with the project sponsor, shall formulate an appropriate treatment plan for the find, which might include, but not be limited to, respectful scientific recording and removal, being left in place, removal and reburial on site, or elsewhere. Associated grave goods are to be treated in the same manner. • Mitigation Measure GEO-1: Applications for a building permit shall include a geotechnical report prepared by a licensed engineer specializing in soils Recommended Conditions of Approval The Prunevard Master Use Permit Page 5 mechanics containing foundation and retaining wall design recommendations, to the satisfaction of the Building Official. • Mitigation Measure HWQ-1: The construction contractor shall implement the best management practices of the Santa Clara Valley Nonpoint Source Pollution Control Program, "Blueprint for a Clean Bay". • Mitigation Measure NOISE-1: Prior to submittal of a building permit for the garage expansion, the applicant shall have an environmental noise assessment study prepared to analyze how potential sound generation from the expanded garage may affect the adjoining residential property. If the study indicates that the new sound generated by the garage expansion will increase noise exposure to the apartment building beyond both existing levels and the Campbell Residential (Stationary) Noise Standard (CMC Sec. 21.16.070.E.1), the study shall also provide recommended design and/or operational measures as necessary to reduce the noise ,exposure to current levels or the Campbell Residential (Stationary) Noise Standard, whichever is greater. These measures shall then be incorporated into the final design and operation of the garage expansion. • Mitigation Measure NOISE=2: All construction activity shall adhere to the following standards: • Construction activity shall occur during the prescribed hours and subject to the standards set forth by Campbell Municipal Code Sec. 18.04.052 (Hours of Construction -Time and Noise Limitations). • All construction equipment with internal combustion engines used on the project site shall be properly muffled and maintained in good working condition. • Unnecessary idling of internal combustion engines shall be strictly prohibited. • 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. • 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. • Mitigation Measure NOISE-3: Construction equipment, vehicles, and workers associated with the development of the project shall not be permitted to park on any residential street. Prior to issuance of a building permit, the applicant shall prepare a construction staging plan indicating the placement of materials and vehicles on the project site.