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CC Resolution 12542RESOLUTION NO. 12542 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A VESTING TENTATIVE SUBDIVISION MAP FOR THE PARKVIEW MIXED USE DEVELOPMENT PROJECT TO CREATE 59 "AIR SPACE" RESIDENTIAL CONDOMINIUM UNIT PARCELS, ONE COMMERCIAL UNIT PARCEL, AND ONE COMMON LOT WITH ASSOCIATED SITE IMPROVEMENTS LOCATED AT 540, 558 AND 566 EAST CAMPBELL AVENUE AND 24 AND 34 DILLON AVENUE. FILE NO.: PLN2016-380 After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the City Council of the City of Campbell does ordain as follows with regard to approval of a Vesting Tentative Subdivision Map (PLN2016-380): Environmental Finding 1. An Initial Study has been prepared for the 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 as conditioned (PLN2016-381). Evidentiary Findings The proposed project includes an application for a Zoning Map Amendment (PLN2016-383) to amend the Campbell Zoning Map to rezone the project site from P-D (Planned Development) to C-P-D (Condominium Planned Development); a Planned Development Permit with Density Bonus (PLN2016-378) to allow construction of a mixed -use development project consisting of 59 residential condominium units, two commercial spaces totaling 6,512 square feet, and associated improvements; a Vesting Tentative Subdivision Map (PLN2016-380) to create 59 "air space" residential condominium unit parcels, one commercial unit parcel, and one common lot with associated site improvements; and a Tree Removal Permit (PLN2016-382) to allow removal of on -site protected trees. 2. The project site consists of five parcels located at 540, 558 and 566 East Campbell Avenue and 24 and 34 Dillon Avenue that would be merged as part of the Vesting Tentative Subdivision Map. ` City Council Resolution No. 12542 Page 2 of 5 Vesting Tentative Subdivision Map (PLN2016-380) 3. The project site is developed with a vacant auto center, a music store, and two unoccupied residential structures, all of which would be demolished as part of the proposed project. 4. Abutting land uses include commercial uses to the north, Campbell Park to the east, residential homes to the southeast, and commercial/industrial/office uses to the south and west. 5. The project site is designated by the Campbell General Plan Land Use Diagram as Central Commercial. 6. The project site. is located in the East Campbell Avenue Master Plan (ECAMP) Area. 7. The project site is currently designated by the Campbell Zoning Map as P-D (Planned Development) and would be rezoned by to C-P-D (Condominium Planned Development). 8. The proposed Vesting Tentative Subdivision Map will allow creation of privately held parcels for fee title ownership as well as common parcels to be improved with private roadways, pedestrian pathways, guest parking spaces, recreational open space, and landscaping. 9. The proposed Vesting Tentative Subdivision Map incorporates a requirement for off -site public improvements. 10. The proposed Vesting Tentative Subdivision Map (PLN2016-380) may be approved concurrently, and subject to, a Planned Development Permit (PLN2016- 378). However, the Final Tract Map may not be recorded if the Planned Development Permit expires. 11. The proposed project includes a 35% density bonus and two (2) incentives or concessions where at least 20% of the total residential units are target units affordable to low-income households based on affordable rents or ownership costs in compliance with the City's Inclusionary Ordinance, Density Bonus Ordinance, and California's Density Bonus Law. 12. The Planned Development Permit includes a density bonus concession for height and a density bonus concession for open space. 13. The proposed project would include 59 residential parking stalls in conformance with the City's Density Bonus Ordinance and 49 commercial parking stalls pursuant to Campbell Municipal Code (CMC) Chapter 21.28 (Parking and Loading). The applicant is aware that future uses, including but not limited to City Council Resolution No. 12542 Page 3 of 5 Vesting Tentative Subdivision Map (PLN2016-380) restaurants, shall be limited by the available on -site parking in accordance with CMC Chapter 21.28. 14. The proposed project would result in approximately 36.24 dwelling units per gross acre, consistent with the General Plan, ECAMP, and California's Density Bonus Law. 15. The provisions of the Covenants, Conditions and Restrictions are necessary to ensure the long-term property maintenance and continued architectural integrity of the project. 16. Prior to recordation of the Final Tract Map, the applicant shall enter into a Density Bonus / Inclusionary Housing Developer and Regulatory Agreement and Declaration of Covenants and Restrictions with the City of Campbell and the City of Campbell's Housing Administrator ("Housing Agreement"), as further described in the Conditions of Approval of the Planned Development Permit (PLN2016-378). Based on the foregoing findings of fact, the City Council further finds and concludes that: 1. The proposed Vesting Tentative Subdivision Map is consistent with the General Plan and Zoning Ordinance of the City. 2. The proposed Vesting Tentative 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 Vesting Tentative Subdivision Map provides, to the extent feasible, for 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 park in -lieu fee imposed upon the project and the type of development project. a. The purpose of the park in -lieu fee is to establish and rehabilitate park and recreational facilities within the city. b. The revenue raised by payment of the park in -lieu fee shall be used to provide the parks and park improvements specified in the General Plan. The money collected shall be placed in a special park dedication in -lieu fund. Moneys within this fund shall be used and expended solely for the acquisition, City Council Resolution No. 12542 Page 4 of 5 Vesting Tentative Subdivision Map (PLN2016-380) I improvement, expansion or implementation of parks and recreational facilities of the city. c. The development of new residential land uses in the City of Campbell will generate additional demands on park and recreation facilities and equipment. d. Each new residential development project will generate demands on park and recreation facilities and the associated new park facilities and equipment are needed to provide those services. The City needs to acquire new park facilities and equipment to meet the demands of new residential development. e. The amount of the park in -lieu fee is based on the density of the project and is therefore directly related to the number of new residential units that the project creates. 7. There is a reasonable relationship between the use of the traffic signal contribution amount imposed upon the project and the type of development project. a. The purpose of the traffic signal contribution is to fund the design and construction of the future traffic signal at the intersection of East Campbell Avenue and Page Street as identified in the East Campbell Avenue Master Plan. b. The traffic signal contribution will be combined with similar contributions from other nearby development projects and City funds to fund the costs associated with the design and construction of future traffic signal at the intersection of East Campbell Avenue and Page Street as identified in the East Campbell Avenue Master Plan. c. Per the East Campbell Avenue Master Plan, the future traffic signal at East Campbell Avenue and Page Street would allow for safe and predictable access and egress from the adjacent neighborhood area to the north. Development projects that generate new vehicular trips through this portion of East Campbell Avenue intensify the need for the traffic signal to provide a safe and orderly assignment of right-of-way through this intersection. d. This development benefits from the traffic signal by improving access to their site from the north, including improving pedestrian and bicycle safety and access of their residents and customers. e. The most recent cost estimate for the traffic signal is $504,000.00. To date, the City has received $144,147 in contributions from other developments. This development's contribution is $187,123.56, leaving $172,729.44 in remaining contributions to be collected from anticipated redevelopment of an adjacent property. 8. 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. City Council Resolution No. 12542 Vesting Tentative Subdivision Map (PLN2016-380) Page 5 of 5 THEREFORE, BE IT RESOLVED that the Cindy Council approves a Vesting Tentative Subdivision Map (PLN2016-380) for the Parkview Mixed Use Development Project to create 59 "air space" residential condominium unit parcels, one commercial unit parcel, and one common lot with associated site improvements located at 540, 558 and 566 East Campbell Avenue and 24 and 34 Dillon Avenue subject to the attached Conditions of Approval (attached Exhibit "A"). PASSED AND ADOPTED this 3rd day of December, 2019, by the following roll call vote: AYES: COUNCILMEMBERS: Resnikoff, Bybee, Gibbons, Landry, Waterman NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None Zb APPROVED: Ric and M. Waterman, Mayor ATTEST: Wendy ood, City Clerk EXHIBIT A CONDITIONS OF APPROVAL Vesting Tentative Subdivision Map (PLN2016-380) 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 Planning Division: 1. Approved Project: Approval is granted for a Vesting Tentative Subdivision Map (PLN2016-380) to create 59 "air space" residential condominium unit parcels, one commercial unit parcel, and one common lot with associated site improvements, in conjunction with, and subject to a Planned Development Permit with a density bonus (PLN2016-378); Zoning Map Amendment (PLN2016-383); and a Tree Removal Permit (PLN2016-382) on properties located at 540, 558 and 566 East Campbell Avenue and 24 and 34 Dillon Avenue in the P-D (Planned Development) Zoning District. The project shall substantially conform to the Project Plans (including architectural, civil, and landscaping sheets), dated as received by the Planning Division October 16, 2019, except as may be modified by the Conditions of Approval herein. 2. Indemnity: By exercise of this approval, the applicant shall 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 Council on this application. 3. Zoning Map Amendment: The Vesting Tentative Subdivision Map approval is contingent upon approval of the Zoning Map Amendment (PLN2016-383). 4. Planned Development Permit: The Vesting Tentative Subdivision Map approval is contingent upon approval of the Planned Development Permit with a density bonus (PLN2016-378). 5. Perpetual Development Standards: Should the associated Planned Development Permit (PLN2016-378) expire after the Subdivision Map has been recorded, any future development shall substantially comply with the Project Plans, dated as received by the Planning Division on October 16, 2019, which shall constitute the objective standards for the Condominium Planned Development established for the subdivision. Conditions of Approval Page 2 of 14 Vesting Tentative Subdivision Map (PLN2016-380) 6. Tree Removal Permit: The Vesting Tentative Subdivision Map approval is contingent upon approval of the Tree Removal. Permit (PLN2016-382). 7. Final Tract Map: The Final Tract Map shall be recorded prior to the issuance of building permits. 8. Vesting Tentative Subdivision Map Expiration: The Vesting Tentative Subdivision Map approval is valid for a period of two years from the date of final City Council approval, approval unless an extension is granted prior to the expiration date. A building permit must be obtained within this period or the Vesting Tentative Subdivision Map approval shall be void. 9. Park Impact Fee: A fee in -lieu of parkland dedication pursuant to Campbell Municipal Code (CMC) Chapter 20.24 (Park Impact Fees and Park Land Dedication Subdivisions) is required. The fee in effect at the time of payment, as established by the City's Schedule of Fees, shall be the fee due. One -hundred percent (100%) of the fee shall be due to prior to recordation of the Final Tract Map. 10. Residential Address Identification: The applicant shall submit a detail sheet showing uniform residential address identification material type and location on the building wall for review and approval by the Community Development prior to the issuance of Building Permits. In order to obtain approval, numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Additionally, number material and color is required to contrast with their background. 11. Density Bonus / Inclusionary Housing Agreement: The applicant shall enter into a Density Bonus / Inclusionary Housing Developer and Regulatory Agreement and Declaration of Covenants and Restrictions with the City of Campbell and the City of Campbell's Housing Administrator ("Housing Agreement"). a. The Housing Agreement shall govern how the applicant shall comply with the City's Inclusionary and Density Bonus Ordinances, including but not limited to replacement of existing rental units in compliance with section 21.20.080. b. Notwithstanding subsection "a" of this condition, 20% of the dwelling units shall be set aside as affordable to low-income households based on affordable rents or ownership costs in compliance with the City's Inclusionary Ordinance. c. All affordable units shall be reasonably dispersed throughout the project and shall be comparable to the design of the market -rate units in terms of distribution of model types, number of bedrooms, appearance, materials and finished quality of the market -rate units in the , project. There shall not be significant identifiable differences 'between' affordable units and market -rate dwelling units which are visible from the exterior of the dwelling units and the Conditions of Approval Page 3 of 14 Vesting Tentative Subdivision Map (PLN2016-380.) size and design of the dwelling units shall be reasonably consistent with the market -rate units in the development. d. Affordable units shall have the same access to project amenities and recreational facilities as market -rate units. e. The Housing Agreement shall be approved by the Community Development Director and shall be recorded in the Official Records of Santa Clara County. 12. Owner Resale Restriction: A resale restriction, covenant, deed of trust and/or other documents acceptable to the Community Development Director or the Director's designee, shall be recorded against each affordable owner -occupied unit. a. These documents shall, in the case of affordable units which are initially sold, be for a term of forty-five years and shall be renewed at the change of each title for a period of forty-five years. b. Eligibility requirements. No household shall be permitted to begin occupancy of an affordable unit unless the city or its designee has approved the household's eligibility. 13. Covenants, Codes and Restrictions (CC&R's): Prior recordation of the Final Tract Map, the applicant shall submit for review and approval by the City a copy of the draft CC&R's which. shall include the following provisions. The draft CC&R's shall be accompanied with a response letter that indicates where in the CC&R's each of the following provisions has been addressed. a. Formation of a Homeowner's Association to ensure the long-term maintenance of buildings and property. b. Continued architectural controls to ensure the architectural integrity of the project. c. Definition of common areas to be maintained and provision of maintenance for these areas. d. Provision which shall define the rights of use, allowable landscape or open space improvements. e. Provision that all landscaping —including private landscaping located in front, side, and rear yards —shall be maintained in compliance with the Model Water Efficient Landscape Ordinance (MWELO) Landscape Documentation Package. f. Provision of a funding mechanism to ensure maintenance and upkeep of common areas. g. Provision to provide ongoing maintenance of the required private roadways, landscaping, and etc. h. Provision that requires ongoing maintenance of the landscaped park strip and tree wells in the public right of way. This includes, but is not limited to: trees, Conditions of Approval Page 4 of 14 Vesting Tentative Subdivision Map (PLN2016-380) lawn, plantings, irrigation, etc. Trees shall not be pruned in a manner that would not allow the tree to grow to a mature height. i. Provision for regular monitoring and maintenance of the stormwater system, in accordance with the manufacturer's recommendations, including the permeable pavement system. j. Provision for regular monitoring and maintenance of the private sanitary system as described by the designing engineering, and as approved by the City Engineer. k. Provision for the availability of interior garage space for the parking of vehicles at all times. I. Provision to prohibit the use of outside parking spaces for storage purposes, including boats, trailers, and recreational vehicles. m. Provision to prohibit vehicle washing, and vehicle repair and maintenance activities in the project site, including, but not limited to garages and common parking areas. n. Provision that requires that all landscaping, including but not limited infiltration plantings, be maintained as depicted on the final landscaping plan. o. Provision that all commercial parking stalls shall be reserved for commercial use only and shall not be reserved or otherwise restricted by individual homeowners. 14. Equal Access: The Home Owners Association shall maintain equal access to all common facilities and amenities by all residents (renters and homeowners) of the project. 15. Landscape Maintenance: The owner/operator of the property shall provide on- going maintenance of the required landscaping for the project. 16. 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, or be demolished or removed from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code). 17. Sidewalk Maintenance: The owner/operator of the property shall provide on -going maintenance of the sidewalks and shall pressure wash the sidewalks as necessary or as required by the Community Development Director or Director of Public Works to remove all spills, gum and food. Sidewalks and parking lots shall be swept regularly to prevent the accumulation of litter and debris. Debris resulting from pressure washing shall be trapped and collected to prevent entry into the/storm drain system. Wash water containing any cleaning agent or degreaser shall be collected and discharged to the sanitary sewer and shall not be discharged to. a Conditions of Approval Page 5 of 14 Vesting Tentative Subdivision Map (PLN2016-380) storm drain. The applicant shall contact the West Valley Sanitation District for specific connection and discharge requirements. 18. Graffiti Removal: The property owner shall be responsible for the removal of any graffiti from walls, fences or structures on the project site within one week of notification by the Community Development Director or their designate. 19. Soil Remediation: If a different construction type or remediation plan is proposed by the applicant or required by the City as a condition of approval, the applicant shall update the Vapor Intrusion Risk Evaluation Report and Site Remedial Plan accordingly and shall obtain written approval from the Santa Clara County Department of Environmental Health for the proposed remediation, prior to the issuance of building permits. The County or City may also require a Deed Restriction depending on the approved mitigation. 20. Planning Mitigation Monitoring Fee: Prior to building permit issuance, the applicant shall pay a minimum $4,000.00 deposit to cover the actual staff cost, at the rate of Assistant Planner, to ensure compliance with the mitigation monitoring and with the conditions of approval specified herein. 21. Mitigation Measures: The Mitigation Measures identified in the Mitigated Negative Declaration for the project, as also included in the Resolution approving the associated Planned Development Permit (PLN2016-378) are herein incorporated by reference. PUBLIC WORKS DEPARTMENT 22. This project is subject to the "East Campbell Avenue Master Plan. The master plan can be found on the City website at http://www.cityofcampbell.com/166/Zoning- and-Land-Use under the "General Plan/Guidelines/ Maps" column. The goal of the plan is to "enhance the perception of the downtown beyond the loop streets through land use patterns, traffic circulation and urban design". The insufficient public right-of-way along the north side of E. Campbell Avenue corridor (561 to 653 E. Campbell Avenue) limits the full implementation of this portion of the East Campbell Avenue Master Plan and therefore the improvements included with this development are considered "interim". 23. Preliminary Civil Engineering Plans: These Conditions are a supplement to the plans prepared by Civil Engineering Associates dated October 24th, 2018. The plans are not approved for construction. Further plan checking by Public Works will be required post entitlement. These are additional comments that will require modifications post entitlement: a. Stormwater Management Plan Sheet C.6 — TCM #9 will require a reasonable accessibility pathway for maintenance without having to walk or carry equipment and materials in the biotreatment. Conditions of Approval Page 6 of 14 Vesting Tentative Subdivision Map (PLN2016-380) 24. Preliminary Title Report: Upon submittal of the Final Tract Map, the applicant shall provide a current (within the past 3 months) Preliminary Title Report. (Additional comments may be generated from this report). 25. Condominium Plan: Prior to building occupancy, the applicant shall submit a Condominium Plan and submit the map in a digital format acceptable to the City. 26. Covenants, Conditions, and Restrictions: Provide copies of CC&Rs for review by the City prior to recordation of the Final Tract Map and CC&R's. Maintenance of the stormwater treatment facilities shall be part of the CC&Rs. The CC&Rs should also reference the "Covenants for the Operation and Maintenance of Stormwater Facilities" and the "Stormwater Management Plan". All biotreatment facilities located in private and public areas within the project shall be maintained/replaced/inspected to perpetuity under the governing body of the HOA and not by individual homeowners. 27. Right -of -Way for Public Street Purposes: Upon recordation of the Final Tract 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 East Campbell Avenue frontage, the Dillon Avenue and Gilman Avenue frontages to accommodate the necessary street widths for public improvements. 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. 28. Public Service Easement: Prior to the recordation of the Final Tract Map and prior to the approval of the grading plans, the applicant shall grant any necessary public service easements on private property needed for this development contiguous with the public right-of-way along the E Campbell Avenue/Gilman Avenue/Dillon Avenue frontage, 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. 29. Demolition: Prior to recording of the Final Tract Map the applicant shall obtain a demolition permit and remove any nonconforming structures. Note existing buildings may require testing for materials containing PCB's, and proper removal and disposal should any be found. Additionally, prior to issuance of a demolition permit for the site, the applicant shall contact VTA for any temporary bus stop closure, temporary relocation, or any work that intermittently impedes the bus stop area. The applicant shall coordinate with VTA for the approval of a temporary relocation of the bus stop. Contact email: bus.stopAvta.org. Any temporary relocation shall be completed prior to the issuance of the demolition permit. A separate encroachment permit with the City of Conditions of Approval Page 7 of 14 Vesting Tentative Subdivision Map (PLN2016-380) Campbell will be required for the temporary relocation. VTA must notify their drivers and provide a safe route and access for users. 30. Final Tract Map: Prior to issuance of any grading or building permits for the project, the applicant shall submit a Final Tract Map for recordation upon approval by the City, pay various fees/deposits and submit the map in a digital format acceptable to the City. 31. Monumentation for Final Tract Map: Prior to recordation of the Final Tract Map, the applicant shall provide a cash deposit (100% of the monument estimate) for setting all monuments shown on the map. Monuments shall be set per section 20.76.010 of the Campbell Municipal Code including but 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 ending of curves on property lines, and monument boxes at intersections of all street monument line tangents. 32. Soils Report: Prior to recordation of the Final Tract Map, the applicant shall provide a soils report prepared by a registered geotechnical or civil engineer. 33. Grading and Drainage Plan: Prior to recordation of the Final Tract 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. 34. Storm Drain Area Fee: Prior to recordation of the Final Tract Map, the applicant shall pay the required Storm Drain Area fee, currently set at $2,350.00 per net acre, which is $2,679.00. 35. 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. Additionally, per Section 20.36.150 of the Campbell Municipal Code, utility facilities adequate to supply communication, electrical, gas, water and fire protection service to each lot of the subdivision shall be constructed and installed within the subdivision. 36. Existing Utility Boxes and Lids: Existing and proposed private utilities shall be installed on private property. All others shall be installed outside of the pedestrian path of travel behind the back of curb. Utility boxes and lids shall be adjusted to grade. Any damaged or non-ADA utility boxes and lids shall be replaced Conditions of Approval Page 8 of 14 Vesting Tentative Subdivision Map (PLN2016-380) 37. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer cleanout(s) shall be installed on private property behind the public right -cif - way line. 38. Undergrounding Street Frontage Utilities: All overhead utility lines along the project's public street frontages shall be installed underground per Section 21.18.140 of the ,Campbell Municipal Code. Prior to the recordation of the Final Tract Map, a joint trench plan shall be submitted for review. Applicant shall comply with all utility applications, plan submittals, permitting, and fee requirements of the serving utility companies. Please note that the Municipal Code does not allow the setting of new poles, therefore the project is required to underground to the next existing pole beyond the project's frontage. Upon submittal of the Final Tract Map, the applicant shall submit for review, the preliminary joint trench plan concurrently with the Final Tract Map, On -Site Grading Plans and the Off -Site Street Improvement plans. 39. 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. 40. Pavement Restoration: The applicant shall restore the pavement in compliance with City standard requirements. In the event that the roadway has recently received a pavement treatment or reconstruction, the project will be subject to the City's Street Cut Moratorium. The applicant will be required to perform enhanced pavement restoration consistent with the restoration requirements associated with the Street Cut Moratorium. The City's Pavement Maintenance Program website (https://www.ci.campbell.ca.us/219) has detailed information on the streets currently under moratorium and the enhanced restoration requirements. Civil plans should indicate the pavement restoration from the lip of gutter to the extents of the furthest utility. All pavement work shall extend to the most distant utility trench and pavement restoration shall encompass all utility trenches creating one rectangle. All striping work shall be repainted/restriped within the limits of the project in its entirety and not intermittently. 41. Street Improvements (Agreements/Plans/Encroachment Permit/Fees/Deposits): Prior to recordation of the Final Tract 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 Conditions of Approval Page 9 of 14 Vesting Tentative Subdivision Map (PLN2016-380) Engineer. The plans shall include the following, unless otherwise approved by the City Engineer: E. Campbell Avenue: a. Show location of all existing/proposed utilities within the new and existing public right of way. b. Relocation of all existing/new utilities including utility boxes, covers, poles, etc. outside of sidewalk area. No utility boxes, covers, etc. will be allowed in the sidewalk area. c. Removal of existing driveway approaches, sidewalk, curb and gutter. d. Removal of existing street section to centerline as required by the City Engineer. e. Installation of City approved street trees, and irrigation at 40 feet on center. f. Installation of City standard curb, gutter, sidewalk, Accessibility Ramps including all accessibility ramps necessary for the new signalized intersection at E Campbell Avenue and Page Street. g. Installation of City standard corner bulb -outs, mid -block bulb -outs, curbside parking on E Campbell Avenue, an enhanced pedestrian crossing in accordance with City Standard details and the East Campbell Avenue Master Plan. h. Installation of street tree grates, trash receptacles, pedestrian oriented street lights, benches, bike racks at the corner bulb -outs on Dillon and Gilman Avenue. i. Installation of engineered structural pavement section to centerline, as required by the City Engineer. j. Installation of asphalt concrete overlay per street pavement restoration plan for utility installation and/or abandonment, as required by the City Engineer. k. Installation of decorative LED streetlights, conduits, conductors, pull boxes, and related facilities on E. Campbell Avenue in accordance with the City of Campbell's Street Lighting Policies and City of Campbell Electrical Specifications and Details - Dated December 2006. Provide any necessary easements for street light purposes. I. Installation and replacement of any traffic control, stripes and signs. m. Construction of conforms to existing public and private improvements, as necessary. n. Submit final plans in a digital format acceptable to the City Conditions of Approval Page 10 of 14 Vesting Tentative Subdivision Map (PLN2016-380) Gilman Avenue: a. Show location of all existing/proposed utilities within the new and existing public right of way. b. Relocation of all existing/new utilities including utility boxes, covers, poles, etc. outside of sidewalk area. No utility boxes, covers, etc. will be allowed in the sidewalk area. - c. Removal of existing driveway approaches curb and gutter and sidewalk. d. Removal of existing street section to centerline as required by the City Engineer. e. Installation of City approved street trees, and irrigation at 40 feet on center. f. Installation of City standard curb, gutter, sidewalk, Accessibility Ramp and ADA compliant driveway approach. (Pedestrian push button adjustments may be required to conform to accessibility requirements). g. Installation of engineered structural pavement section to centerline, as required by the City Engineer. h. Installation of asphalt concrete overlay per street pavement restoration plan for utility installation and/or abandonment, as required by the City Engineer. i. Installation of decorative LED streetlights, conduits, conductors, pull boxes, and related facilities on Gilman Avenue in accordance with the City of Campbell's Street Lighting Policies and City of Campbell Electrical Specifications and Details - Dated December 2006. j. Installation and replacement of any traffic control, stripes and signs. k. Construction of conforms to existing public and private improvements, as necessary. I. Submit final plans in a digital format acceptable to the City. Dillon Avenue: a. Show location of all existing/proposed utilities within the new and existing public right of way. b. Relocation of all existing/new utilities including utility boxes, covers, poles, etc. outside of sidewalk area. No utility boxes, covers, etc. will be allowed in the sidewalk area. c. Removal of existing driveway approaches, sidewalk curb and gutter. d. Removal of existing street section to centerline as required by the City Engineer. e. Installation of City approved street trees, and irrigation at 30 feet on center. Conditions of Approval Page 11 of 14 Vesting Tentative Subdivision Map (PLN2016-380) f. Installation of City standard curb, gutter, sidewalk and ADA compliant driveway approaches. g. Installation of City standard Accessibility Ramps at the corner of Dillon Avenue and E. Campbell Avenue. h. Installation of engineered structural pavement section to centerline, as required by the City Engineer. i. Installation of asphalt concrete overlay per street pavement restoration plan for utility installation and/or abandonment, as required by the City Engineer. j. Installation of decorative LED streetlights, conduits, conductors, pull boxes, and related facilities on Dillon Avenue in accordance with the City of Campbell's Street Lighting Policies and City of Campbell Electrical Specifications and Details - Dated December 2006. Provide any necessary easements for street light purposes. k. Installation and replacement of any traffic control, stripes and signs. Construction of conforms to existing public and private improvements, as necessary. m. Submit final plans in a digital format acceptable to the City. 42. Street Improvements Completed for Occupancy and Building Permit Final: The applicant shall have the required street improvements and pavement restoration installed and accepted by the City, and the design engineer shall submit as -built drawings to the City prior to allowing occupancy and final building permit signoff for any buildings. 43. Maintenance of Landscaping: Owner(s), current and future, are required to maintain the landscaped park strip and tree wells in the public right of way. This includes, but is not limited to: trees, lawn, plantings, irrigation, etc. Trees shall not be pruned in a manner that would not allow the tree to grow to a mature height. 44. 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. 45. NPDES General Construction Permit (NOI — Notice of Intent): Prior to issuance of any grading or building permits, the applicant shall comply with the NPDES General Construction 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. This applies to all projects which disturb a land area of one acre or more. Disturbance includes grading, filling, grubbing, clearing, vegetation removal, building, demolition etc. Conditions of Approval Page 12 of 14 Vesting Tentative Subdivision Map (PLN2016-380) 46. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and the Campbell Municipal Code regarding stormwater pollution prevention. Specifically the project must include source control, site design and treatment measures to achieve compliance with Provision C.3., of the NPDES Permit. Measures may include, but are not limited to, minimization of impervious surface area, vegetated swales, infiltration areas, and treatment devices. The primary objectives are to improve the quality and reduce the quantity of stormwater runoff to the bay. Resources to achieve these objectives include Stormwater Best Management Practices Handbook for New Development and Redevelopment ("CA BMP Handbook") by the California Stormwater Quality Association (CASQA), 2003; Start at the Source: A Design Guidance Manual for Stormwater Quality Protection ("Start at the Source") by the Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and Using Site Design Techniques to Meet Development Standards for Stormwater Quality: A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. Upon submission of the Vesting Tentative Subdivision 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 Tract Map: a. The applicant's designer or engineer shall submit the required certification indicating that sizing, selection, and design of treatment BMP's for the project site has been completed to meet the requirements of the City of Campbell's NPDES permit, No. 01-119, Provision C.3. b. The applicant shall sign the "Covenants for the Operation and Maintenance of Stormwater Facilities" and submit a Stormwater Management Plan. Prior to occupancy: c. 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. Conditions of Approval Page 13 of 14 Vesting Tentative Subdivision Map (PLN2016-380) 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. d. The applicant shall provide security for the operation and maintenance of stormwater pollution prevention measures installed or provided as a part of this project. 47. Traffic Mitigation: Upon recordation of the Final Tract Map, the applicant shall satisfy the traffic recommendations as outlined in the Traffic Impact Analysis (TIA) for Cresleigh Homes Mixed Use Development by TJKM,' and as follows: a. The applicant shall work with the Public Works Department to implement the East Campbell Avenue Master Plan, with simultaneous side street phasing at Page Street and Gilman Avenue. b. The applicant shall work with the Public Works Department to install stop control at all the project driveways with appropriate pavement delineation and signing to enhance traffic safety and operations at the driveways. c. The project applicant shall coordinate with the Public Works Department and jurisdictional staff to determine the appropriate transit amenities to be added along the project frontage and at other nearby stops. d. The applicant shall remove on -street parking on the west side of the project frontage on Gilman Avenue (north of the driveway) between the project driveway and E. Campbell Avenue/Gilman Avenue intersection and 20 feet on the south of the driveway. Alternatively, some of the curb space can be designated for loading purposes for short term garbage and deliveries. e. The applicant shall remove on -street parking on the east side of the project frontage on Dillon Avenue between the project driveway and E. Campbell Avenue/Dillon Avenue intersection and 20 feet beyond. 48. VTA Bus Stop: Prior to issuance of any building or grading permits for the site, the applicant shall include and show on the Off -Site Street Improvement plans the construction of the new permanent VTA bus stop that will be located east (far side) of the intersection of Gilman and Campbell Ave fronting Campbell Park. Applicant will be required to meet VTA's bus stop requirements and the City's public improvements requirements including but not limited to the removal of existing park strip, bushes, irrigation work and concrete work to provide ADA accessibility for the bus users. Extent of work shall be shown on the street improvement plans in order to conform to existing conditions. Any utilities within the pedestrian path of travel maybe required to be relocated to meet ADA standards and cross slopes. Conditions of Approval Page 14 of 14 Vesting Tentative Subdivision Map (PLN2016-380) Construction of the bus stop must be completed and operable prior to issuance of a Certificate of Occupancy (or a TCO). 49. 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. 50. Occupancy and Building Permit Final: Prior to allowing occupancy and/or final building permit signoff for any and/or all buildings, the applicant shall have the required public improvements installed and accepted by the City, and the design engineer shall submit as -built drawings to the City. 51. New Traffic Signal (Page Street/E -Campbell Avenue): Prior to issuance of any building permits the applicant shall post a $187,124.00 payment towards the construction of a future traffic signal at -the intersection of East Campbell Avenue and Page Street. In addition, the applicant's Street Improvement Plans shall demonstrate to the satisfaction of the Public Works Director that the frontage improvements being constructed as part of this project will allow for the orderly installation of the future traffic signal facilities (poles, foundations, cabinets, conduits, etc.).