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PC Res 4339RESOLUTION NO. 4339 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A MODIFICATION (PLN2016-253) TO A PREVIOUSLY-APPROVED CONDITIONAL USE PERMIT (PLN2015-202) TO ALLOW AN ARCADE WITH AN APPROVED GROUND-FLOOR RESTAURANT ON PROPERTY LOCATED AT 400 E. CAMPBELL 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 PLN2016-253: 1. The project site is zoned C-3 (Central Business District) and designated Central Commercial by the General Plan Land Use Element. 2. The project site is located along East Campbell Avenue between North Central Avenue and the railroad tracks. 3. The project site consists of a 3,965 square-foot parcel, developed with the Grower's National Bank Building. 4. At its meeting of February 26, 2013, the Planning Commission adopted Resolution No. 4094 approving a Conditional Use Permit (PLN2012-255) to allow establishment of a 'wine bar' within the Grower's National Bank Building. The Conditional Use Permit was subsequently modified (PLN2014-207) by the Planning Commission on September 9, 2014, by adoption of Resolution No. 4165, to allow the approved 'wine bar' use to be converted to a restaurant and bar. 5. At its meeting of September 22, 2015, the Planning Commission adopted Resolutions No. 4244 and 4245 approving a Modification to the previously approved Conditional Use Permit and a Historic Exception to allow a reduction in size and capacity of an approved restaurant, expansion of an existing mezzanine into a full second floor (exceeding the allowable FAR), and establishment of professional office space on the second floor (a change of use in an historic resource inventory property) 6. The proposed project is a Modification to a Conditional Use Permit that would allow placement of upright arcade games and pinball machines within the approved restaurant. 7. An arcade is a conditionally permitted use within the C-3 (Central Business District), and may be allowed within the approved restaurant with a Modification to the Conditional Use Permit. 8. The use of the upper floor for professional office would not be affected by the proposed project. 9. The addition of arcade games and pinball machines does not increase the parking demand of the restaurant. Planning Commission Resolution No. 4339 Page 2 of 4 PLN2016-253 - 400 E. Campbell Avenue Modification to a Conditional Use Permit 10. The proposed project would be consistent with the following General Plan policies: Policy LU-2.1: Ground Level Commercial: Develop and maintain the ground floor space along East Campbell Avenue between Third Street and the light rail tracks as a distinctive retail and restaurant experience with ground floor uses that are diverse and interesting and contribute strongly to a distinctive and unique shopping experience. Strategy LU-2.1a: Restrict the use of ground floor commercial space along East Campbell Avenue to retail/restaurant uses. Strategy LUT-5.3g: Day and Evening Activities: Encourage restaurant and specialty retail uses in the Downtown commercial area that will foster a balance of day and evening activity. Strategy LUT-19.1a: Mix of Uses: Encourage a compatible mix of uses (i.e. professional offices, services and retail uses) with ground floor retail uses. Strategy LUT-8.1 c: Adaptive Re-Use: Encourage adaptive reuse of and incorporation of the city's historic buildings and structures for new development projects, when feasible. 11. The Modification of the previously approved Conditional Use Permit continues to incorporate applicable operational standards of the Downtown Alcohol Beverage Policy. 12. Alcohol' beverage service in the restaurant shall be ancillary and subordinate to the primary purpose of serving food. 13. As conditioned, the arcade games and pinball machines will be ancillary to the restaurant, and may be considered consistent with the Downtown Alcohol Beverage Policy. - 14. Policies found within the Campbell General Plan and Downtown Campbell Development Plan articulate a desire to promote and enhance a downtown environment that provides a desirable balance of land uses including shopping, services, and entertainment. This vision is evidenced in policies that encourage a mix of day and evening activities, a distinctive retail presence, a diversity of eating establishments, support for neighborhood-serving businesses, and protection of surrounding residential neighborhoods. 15. The City Council adopted the 'Downtown Alcohol Beverage Policy', as an implementation tool of the Campbell General Plan and Downtown Development Plan. The Policy is intended to balance the health and safety of the community while still maintaining the commercial viability of the downtown in which restaurants have an essential role. 16. Conformance to the provisions of the Downtown Alcohol Beverage Policy is the basis to which the City shall review new applications for alcohol beverage service. Restrictions to the hours of operation, amount of bar area seating, arid alcohol beverage. service, are necessary to protect the public health, safety and welfare. Planning Commission Resolution No. 4339 PLN2016-253 - 400 E. Campbell Avenue Modification to a Conditional Use Permit Page 3 of 4 17. The Downtown Alcohol Beverage Policy strongly recommends that Conditional Use Permits for establishments for on-site consumption of alcohol beverages be limited to a closing time of no later than 12:00 AM. However, the Planning Commission retains the discretion to allow lesser hours as necessary to satisfy the required findings provided for in CMC Secs. 21.46.070 and 21.46.040. 18. The over-concentration of late night alcohol serving establishments within a compact downtown district can create a cumulative impact that overwhelms the area creating an undesirable result such as drunkeness in public, vandalism, and disorderly conduct. 19. The approval of a Modification to a previously approved Conditional Use Permit incorporates applicable operational standards of the Downtown Alcohol Beverage Policy 20. Alcohol beverage service in the restaurant shall be ancillary and subordinate to the primary purpose of serving food. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed use is allowed within the applicable zoning district with Conditional Use Permit approval, and complies, as conditioned, with all other applicable provisions of this Zoning Code and the Campbell Municipal.Code. , 2. The proposed use, as conditioned, is consistent with the General Plan. 3. As conditioned, the proposed 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. As conditioned, the proposed 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 proposed use, as conditioned, 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 proposed use, as. conditioned, at the location proposed 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 detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city. 7. As conditioned, the establishment will not result in an over-concentration of these uses in the surrounding area. Planning Commission Resolution No. 4339 Page 4 of 4 PLN2016-253 - 400 E. Campbell Avenue Modification to a Conditional Use Permit . 8. As conditioned, the establishment will not create a nuisance due to litter, noise, traffic, vandalism, or other factors. 9. As conditioned, the establishment will not significantly disturb the peace and enjoyment of the nearby residential neighborhood. 10. As conditioned, the establishment will not significantly increase the demand on city services. 11. As conditioned, the establishment will be consistent with the Campbell Downtown Alcohol Policy. 12. The project is Categorically Exempt under Section 15301 Class 1 of the California Environment Quality Act (CEQA), pertaining to minor alterations to an existing private structure, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. THEREFORE, BE IT RESOLVED that the Planning Commission approves a Modification (PLN2016-253) to apreviously-approved Conditional Use Permit (PLN2015-202) to allow an arcade with. an approve restaurant located at 400 E. Campbell Avenue, subject to the attached Conditions of Approval (attached Exhibit "A"). PASSED. AND ADOPTED this 11th day of October, 2016, by the following roll call vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners ATTEST: Dodd, Hernandez, Kendall, Reynolds, Rich and Young None Bonhagen None APPROVED: Paul Kermoyan, Secretary EXHIBIT A CONDITIONS OF APPROVAL Modification to a Conditional Use Permit (PLN2016-253) 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 1. Approved Project: Approval is granted for a Modification (PLN2016-253) to a previously-approved Conditional Use Permit (PLN2015-202) to allow an arcade within an approved ground-floor restaurant with late-night operational hours, live entertainment, and "general" alcohol sales (liquor establishment) in an historic ,resource inventory property located at 400 E. Campbell Avenue. The project shall substantially conform to the previously Approved Project Plans stamped as received by the Planning Division on September 3, 2015, as modified by the Revised Project Plans dated as received on September 9, 2016, except as may be modified by the conditions of approval contained herein. 2. Approval Expiration: The approval shall be valid for one year from the date of final approval (expiring October 21, 2017). Within this one-year period, an application for a building permit(s) for interior tenant improvements for the office space and restaurant must be submitted. Failure to meet this deadline or expiration of an issued building permit will result in the approval being rendered void. Once established, approval for professional office use on the second floor and a restaurant and arcade on the ground floor with late night operational hours, full alcohol sales, and live entertainment, shall be valid in perpetuity subject to continued operation of the use(s). Abandonment, discontinuation, or ceasing of operations for a continuous period of twelve months shall void the Conditional Use Permit approved herein. 3. Previous Conditions of Approval: Upon the effective date of the Modified Conditional Use Permit, the previously approved Conditions of Approval provided in Planning Commission Resolution No. 4244 (PLN2015-202) shall be void and shall permanently be superseded in their entirety by the Conditions of Approval specified herein. 4. Si na e: No signage has been approved as part of this development application. New signage shall not be installed prior to approval of a sign permit as required by CMC 21.10.060.x. The allowable sign materials for the project site shall include enameled metal, painted wood, cast metal, painted fabric, and similar materials. Plastic signage of any type, whether individual letters or as part of a box (or cabinet), shall not be approved. 5. Exterior Modifications: The subject building is included in the City's Historic Resource Inventory and is known as the Grower's National Bank Building. No exterior modifications shall be allowed other than those previously approved as part of the Exhibit A -Conditions of Approval ~ 400 E. Campbell Avenue PLN20165-253 -Modification to Previous Conditional Use Permit Paae 2 exterior restoration and seismic upgrade Building Permit approved in 2008. The temporary-fire sprinkler connection located on the storefront shall be recessed into the wall as originally approved prior to building occupancy. 6. Refuse Enclosure: A new refuse enclosure shall be constructed below the rear exterior stairway in compliance with all applicable standards set forth by the Campbell Municipal Code, California Building Code, and California Fire Code, and shall include a roof covering, sanitary drain connection, and fire sprinkler protection. Refuse receptacles shall be kept within the enclosures except during collection in compliance with Chapter 6.04 of the Campbell Municipal Code. 7. Professional Office Use: The use of the second floor shall be restricted to "professional office", as defined by the Campbell Municipal Code. 8. Arcade Standards: The approved arcade within the restaurant shall comply with the following standards: a.. Number of Machines: The arcade shall be limited to twenty one ~(21) arcade and pinball machines, the composition of which shall be subject to review and approval by the Community Development Director to ensure adequate disabled access and sufficient dining area. b. Types of Arcade Machines:. All arcade machines shall be cabinet (upright) arcade games. Personal computers or game consoles (e.g., Xbox, PlayStation, Wii, etc.) are prohibited. c. Placement of Machines: All arcade and pinball machines shall be placed along the perimeter walls of the restaurant as ,determined by the Community Development Director. d. Alcohol Service: Customers shall be prohibited from consuming or ordering alcoholic beverages while playing arcade games. e. Arcade Capacity: In addition to the restaurant's seating capacity (as noted by Condition of Approval No. 9.a); the arcade shall be limited to forty-two (42) individuals (an average of two persons per game), subject to the maximum occupancy capacity as determined by the California Building Code (CBC). It is the responsibility of the business owner to provide adequate entrance controls to ensure that patron occupancy is not exceeded. f. Admittance Fee: An admittance fee to enter the restaurant to access the arcade machines shall be prohibited. However, this restriction does not preclude the charging for individual play of the arcade machines. g. Age Restriction: Consistent with Campbell Municipal Code Chapter 5.30, minors (under 18) shall not be allowed to enter the restaurant without an adult guardian after 10:00 PM nor play arcade games after 10:00 PM. h. License Required: Prior to commencing operation of the arcade, the business operator shall secure an Arcade Permit from the City Council. Exhibit A -Conditions of Approval ~ 400 E. Campbell Avenue PLN2016~5-253 -Modification to Previous Conditional Use Permit Paae 3 9. Restaurant Operational Standards: Consistent with Downtown Alcohol Beverage Policy and other City standards, any restaurant operating pursuant to the Conditional Use Permit approved herein shall conform to the following operational standards. a. Restaurant Seating/Patron Occupancy: Restaurant patron capacity shall be limited to 72 seated persons, consisting of 62 "dining" seats and 10 "bar" seats, excluding those waiting for service or those playing arcade games, subject to the maximum occupancy capacity as determined by the California Building Code (CBC). It is the responsibility of the business owner to provide adequate entrance controls to ensure that patron occupancy is not exceeded. Maximum Occupancy signs shall be posted conspicuously within the premises. b. Bar Area Seating: The bar area shall be composed of ten (10) bar seats as shown on the approved project plans, including the accessible (ADA) space. No part of the dining area shall be considered part of the bar area. There shall be no "waiting area" adjacent to the bar. c. Floor Plan: As depicted on the approved project plans, chairs and tables within the dining area shall consist of non-communal standard-height furniture (i.e., no "high-top" seating and tables), with the exception of the four two-person tables along the easterly wall. All tables and chairs shall be placed in such a manner to allow sufficient area for dining and shall not be stacked or removed from the dining area or placed outside.' At no time shall the seating be reconfigured to created large open spaces for patrons to congregate, dance, drink, or socialize. d. Hours of Operation: Hours of operation shall be as follows. By the end of 'Business Hours' all patrons shall have exited the restaurant. By the end of the 'Operational Hours' all employees shall be off the premises. • Business Hours 11:00 AM - 10:00 PM, Sunday -Wednesday 11:00 AM - 11:00 PM, Thursday -Saturday • Operational Hours 10:00 AM = 11:00 PM, Sunday -Wednesday 10:00 AM - 12:00 AM, Thursday -Saturday e. .Food Service: Full menu food service-defined as a combination of food items intended to serve as meals for breakfast, lunch or dinner=shall be provided at all times during the Business Hours in the dining and bar areas (i.e., the kitchen shall not be closed). f. Alcohol Beverage Service: Alcohol beverage service in the dining area shall only be allowed in conjunction with food service. The dining area shall not be converted to a bar area or dance area. g. Bar Area Meal Service: Meal service shall be available in the bar area at all times. h. 'Outdoor Seating: Outdoor seating is prohibited. i. Loitering: There shall be no loitering allowed outside the business and within the outside dining area. The business owner is responsible for monitoring the premises to prevent loitering. Exhibit A -Conditions of Approval ~ 400 E. Campbell Avenue PLN20165-253 -Modification to Previous Conditional Use Permit Page 4 j. Live Entertainment: Live entertainment, limited to three musicians for the purpose of providing ambient music, 'staged as shown on the Approved Floor Plan, shall be permitted 6:00 PM to 10:00 PM, daily, subject to approval of a Live Entertainment Permit in compliance with CMC 5.24. Amplification shall be limited to the establishment's built-in speaker system. On-site security shall be provided as required by the Police Department. The door shall remain closed at all times when live entertainment is occurring, except for the entering and existing of patrons and staff. k. Cover Charge. At no time shall a cover charge be required or donation necessary in order to patronize the establishment. I. Loud Speakers: Exterior loud speakers, exterior audio sound systems, and/or public address systems are prohibited. m. Noise: Regardless of decibel level, and taking into consideration the noise environment of Downtown Campbell, no noise generated by the restaurant shall obstruct the free use of neighboring properties so as to unreasonably interfere with the comfortable enjoyment of the neighboring residents. In the event the city receives three (3) verifiable and repeated number of complaints pertaining to noise, the Planning Commission may review the Conditional Use Permit. Upon review, if the. Planning Commission finds that there is substantial evidence that the use is creating unreasonable disturbance to the adjacent residents, the Planning Commission may take reasonable measures to mitigate such noise such as limiting the hours of operational and/or restricting or terminating live entertainment. n. Smoking: "No Smoking" signs shall be posted on the premises in compliance with CMC 6.11.060. It is the business owner's responsibility to enforce the "no smoking" requirements within the outdoor dining areas and along the immediate exterior of the restaurant. o. Doors and Windows: Doors and windows shall remain- closed after 10:00 PM and during times that live entertainment performances. p. Trash & Clean Up: All trash, normal clean up, carpet cleaning, etc. shall occur during the approved Operational Hours: Refuse receptacles shall be kept within the refuse enclosure approved by the Community Development Director, except during collection in compliance with Chapter 6.04 of the Campbell Municipal Code. q. Liquor License: The applicant shall obtain and maintain in good standing a Type 47 license from the State Department of Alcoholic Beverage Control for the sale of alcoholic beverages. The license shall include Business Hour and other applicable restrictions consistent with the Conditional Use Permit approved herein. A copy of the issued license shall be provided to the Community Development Department prior to issuance of a Business License. r. Alcohol Sales: The monthly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period, consistent with ABC Exhibit A -Conditions of Approval ~ 400 E. Campbell Avenue PLN20165-253 -Modification to Previous Conditional Use Permit Page 5 licensing regulations. The business owner shall provide t sales records on demand to the City to verify compliance with this standard. s. Employee Training: The establishment shall use an employee training manual that addresses alcoholic beverage service consistent with the standards of the California Restaurant Association and the Department of Alcoholic Beverage Control. t. Designated Driver Program: The establishment shall maintain and actively promote a designated driver program (e.g., complimentary non-alcoholic beverages for designated drivers), including posting in a conspicuous place contact information for local designated driver services. u. Taxicab Service: The establishment shall post in a conspicuous place the telephone numbers of local taxicab services. v. Outdoor Activity: No outdoor activity (e.g., cooking) is permitted in association with the establishment. w. City Meetings: At the discretion of the Chief of Police, periodic meetings will be conducted with representatives from the Police Department/Alcohol Beverage Control for on-going employee training on alcoholic beverage service to the general public. x. Security: If the use generates disturbances that, in the opinion of the Police Department, warrant security, the applicant shall provide private security to the satisfaction of the Police Chief. 10. Revocation of Permit: Operation of the restaurant and arcade pursuant to the Conditional Use Permit approved herein is subject to Sections 21.68.020, 21.68.030 and 21.68.040 of the Campbell Municipal Code authorizing the appropriate decision making body to modify or revoke a Conditional Use Permit if it is determined that the sale of alcohol has become a nuisance to the City's public health, safety or welfare or for violation of the Conditional Use Permit or any standards, codes, or ordinances of the City of Campbell. At the discretion of the Community Development .Director, if the establishment generates three (3) verifiable complaints related to violations of conditions of approval and/or related to the service of alcohol within a six (6) month period, a public hearing before the Planning Commission may be scheduled to consider modifying conditions of approval or revoking its Conditional Use Permit. The Community Development Director may commence proceedings for the revocation or modification of use permits upon the occurrence of less than three (3) complaints if the Community Development Director determines that the alleged violation warrants such an action. In exercising this authority, the decision making body may consider the following factors, among others: a. The number and types of Police Department calls for service at or near the establishment that are reasonably determined to be a direct result of patrons actions; Exhibit A -Conditions of Approval ~ 400 E. Campbell Avenue PLN20165-253 -Modification to Previous Conditional Use Permit Page 6 b. The number of complaints received from residents, business owners and other citizens concerning the operation of an establishment, c. The number of arrests for alcohol, drug, disturbing the peace, fighting and public nuisance violations associated with an establishment; d. The number and kinds of complaints received from the State Alcoholic Beverage Control office and the County Health Department; and e. Violation of conditions of approval. Building Division: 11,. Permits Required: A building permit application shall be required for the proposed tenant improvements to the existing vacant commercial structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 12. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 13. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. 14. 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. 15. Site Plan: Application for building permit shall include a competent site plan that identifies property and proposed structures with dimensions and elevations as appropriate. Site plan shall also include site drainage details. Site address and parcel numbers shall also be clearly called out. Site parking and path of travel to public sidewalks shall be detailed. 16. 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. 17. 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 Chapter 1, Section 106. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 18. Non-point Pollution Control Program: 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. Exhibit A -Conditions of Approval ~ 400 E. Campbell Avenue PLN20165-253 -Modification. to Previous Conditional Use Permit Paae 7 19. 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. 20. Title 24 Accessibility -Commercial: Projects seeking to use the Title 24 Hardship exemption clause shall blue-line completed, City of Campbell "20%" exemption form on submitted construction plans. Form is available at Building Division service counter. 21. Approvals Required: The project requires the following agency approval prior to issuance of the building permit: a. West Valley Sanitation District (378-2407) (Backflow prevention is required) b. Santa Clara County Fire Department (378-4010) c. Santa Clara County Dept. of Environmental Health (918-3400) d. City of San Jose Dept. of Environmental Services (535-8550) 22. P.G.&E:.Applicant is advised to contact Pacific Gas and Electric Company as early as possible in the approval process. Service installations, changes and/or relocations may require substantial scheduling time and can cause significant delays in the approval process. Applicant should also consult with P.G. and E. concerning utility easements, distribution pole locations and required conductor clearances. 23. Storm Water Requirements: Storm water run-off from impervious surface created by this permitted project shall be directed to vegetated areas on the project parcel. Storm water shall not drain onto neighboring parcels. 24. Waste Line Seperation: All second floor plumbing waste lines shall be independent from first floor waste lines and brought in to building main sewer line, downstream of "Back Water". PUBLIC WORKS DEPARTMENT 25. 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. 26. Water Meter(s) and Sewer Cleanout(s): Proposed water meter(s) and sewer cleanout(s) shall be installed at a location approved by the City Engineer. 27. 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. Exhibit A -Conditions of Approval ~ 400 E. Campbell Avenue PLN20165-253 -Modification to Previous Conditional Use Permit Page 8 28. 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. Campbell 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. 29. Utility Encroachment Permit: Separate encroachment 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. 30.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. 31. Private Improvements Agreement: Prior to issuance of any grading or building permits for the site, the owner shall execute an "Agreement for Private Improvements in the Public Right of Way". This agreement would be required to allow the existing utility facilities located in the public right of way along the frontage of this property, and ariy other non-City standard improvements, to remain. 32. 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. 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.