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CC Ordinance 2269 ORDINANCE NO. 2269 BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A PLANNED DEVELOPMENT PERMIT TO , ALLOW CONSTRUCTION OF 25 SINGLE-FAMILY HOMES, FIVE ACCESSORY DWELLING UNITS (4 DETACHED AND ONE INTERIOR), A NEW PRIVATE STREET, AND ASSOCIATED SITE, PARKING, AND LANDSCAPING IMPROVEMENTS; AND A DENSITY BONUS TO ALLOW A 32.5% INCREASE IN THE ALLOWABLE DENSITY, USE OF STATE PARKING STANDARDS, AND PROVISION OF TWO VERY LOW INCOME BELOW-MARKET-RATE (BMR) UNITS FOR PROPERTY LOCATED AT 16179 E. MOZART AVENUE. FILE NO.: PLN2019-148 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: 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. Evidentiary Findings 1. The Proposed Project is application for a Zoning Map Amendment to rezone the Project Site from R-1-6 (Single-Family Residential) to P-D (Planned Development); a Planned Development Permit to allow construction of 25 single-family homes, five accessory dwelling units (4 detached and one interior), a new private street, and associated site, parking, and landscaping improvements; a Density Bonus to allow an 32.5% increase in the allowable density, use of State parking standards, and provision of two Very Low Income below- market-rate (BMR) units; a Tentative Vesting Subdivision Map to create 25 private lots and four common lots, and associated public and private easements; and a Tree Removal Permit to allow removal of 17 on-site protected trees. 2. The Project Site consists of an approximately 3.15-acre parcel located along E. Mozart Avenue, west of Bascom Avenue and north of Highway 85. 3. The Project Site is developed with five single-family residences that will be demolished as part of the proposed project, none of which are currently below-market-rate units. 4. The Project Site abuts single-family residential properties to the north and west and a professional medical office to the east. 5. The Project Site is currently designated by the Campbell Zoning Map as R-1-6 (Single- Family Residential, 6,000 Square-Foot Minimum Lot Size) and would be rezoned to P-D (Planned Development) by a separate City Council ordinance. City Council Ordinance 2269 — Planned Development Permit Page 2 of 8 16179 E. Mozart Avenue 6. The Project Site is designated by the Campbell General Plan Land Use Diagram as Low Density Residential(Less than 6 units/Gr. Acre). With a requested 32.5% Density Bonus as described, below, the Proposed Project may be developed at a density of 7.95 units per gross acre. With 25 total housing units, the project results in a density of 7.93 units per gross consistent with the General Plan Land Use Designation with approval of a Density Bonus. 7. The Planned Development Permit application includes a request for a Density Bonus as permitted by Campbell Municipal Code (CMC) Chapter 21.20 and California Government Code Sections 65915-65918. The requested Density Bonus would allow an increase in the allowable density and use of State parking standards as permitted by CMC Section 21.20.120.4.a. No incentives or concessions are requested. 8. The Proposed Project includes provision of two (2) very-low-income (VLI) units, constituting the two (2) "target units" for the requested Density Bonus. The two (2) "target units" equal 10.5% the 19 allowable "base units" (3.15 gross acre project site x 6 units/gr. acre, rounded up per CMC Sec. 21.20.100.1). Provision of two (2) VLI "target units" qualifies the Proposed Project for a 32.5% density bonus per CMC Section 21.20.090 allowing for seven (7) "density bonus units" (19 "base units" units x 32.5%, rounded up per CMC Sec. 21.20.100.1). The seven (7) "bonus units" are permitted in addition to the otherwise allowable 18 units (3.15 gross acre project site x 6 units/gr. acre, rounded down per CMC Sec. 21.02.020.D) for a total of 25 units within the Proposed Project. 9. The Proposed Project identifies Lots No. 19 and No. 20 as the proposed locations for the two (2) "target units." However, Lots No. 19 and No. 20 are the only two attached dwelling units within the 25-unit project such that this proposal does not satisfy the requirements of CMC Section 21.20.120.2: All target units shall be reasonably dispersed throughout the residential 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 development. There shall not be significant identifiable differences between target and market rate units visible from the exterior, and the size and design of the target units shall be reasonably consistent with the market-rate units in the development. Therefore, as a Condition of Approval, the affordable housing agreement for the project will designate Lot No. 16 and either Lot No. 19 or No. 20 at the applicant's discretion, as the location of the two "target units" for the project. Although one attached unit will remain a "target unit", the provision of a detached unit upon a mid-sized lot within the project will provide an averaged comparability to the overall project. The designation of one attached unit as a "target unit" also reflects the City's direction to retain existing mature trees and maximize open space, which created constraints to the site configuration necessitating creation of two attached units. 10. The Proposed Project is also subject to the provisions CMC Chapter 21.24 (Inclusionary Housing Ordinance) requiring that 15% of the 25 units within the Proposed Project (2.7 units rounded up to 3 units) be made available at an affordable ownership cost. The Proposed Project is therefore required to provide three (3) "inclusionary units" affordable to lower- and moderate-income households. As permitted by CMC Section 21.20.100.6 the two (2) provided "target units"for the requested Density Bonus may partially satisfy the"inclusionary City Council Ordinance 2269 — Planned Development Permit Page 3 of 8 16179 E. Mozart Avenue units" obligation as the "target units" would fulfill the affordability requirements of CMC Section 21.24.040.D. The third required "inclusionary unit" may be satisfied through payment of an in-lieu fee pursuant to CMC Section 21.24.070.D. 11. As permitted by CMC Section 21.24.070.D, the applicant has elected to pay a housing fee in-lieu of providing a third "inclusionary unit" as otherwise required by the CMC Chapter 21.24 (Inclusionary Housing Ordinance). This fee is imposed pursuant to the Mitigation Fee Act (Government Code § 66000 et seq.) as follows: a. The purpose of the housing in-lieu fee is to partially satisfy the inclusionary housing obligation on the Proposed Project. b. As specified by CMC Section 21.24.080, the housing in-lieu fee and all earnings from investment of the fee shall be expended exclusively to provide or assure continued provision of affordable housing in the City through acquisition, construction, development assistance, rehabilitation, financing, rent subsidies or other methods, and for costs of administering programs which serve those ends. The housing shall be of a type, or made affordable at a cost or rent, for which there is a need in the City and which is not adequately supplied in the City by private housing development in the absence of public assistance. c. There is a reasonable relationship between the need for affordable housing and the type of development project on which the fee is imposed, in that in adopting an Inclusionary Housing Ordinance, the City determined that new housing developments which do not include housing for low- and moderate-income households serve to further aggravate the current shortage of affordable housing by reducing the small remaining supply of undeveloped land. d. There is a reasonable relationship between the fee's use and the type of development project on which the fee is imposed, in that payment of a housing fee in-lieu as compared to providing a third "inclusionary unit" would serve to facilitate development or rehabilitation of such affordable housing elsewhere in the City as to offset the aforementioned impact to the broader community. e. There is a reasonable relationship between the amount of the fee and the cost of providing the affordable housing, in that a city may charge a housing in-lieu fee equal the difference between fair market price at which the housing unit may sold and the restricted price as required by the City's Inclusionary Ordinance (i.e., the "affordability gap"). However, as not to create an undue hardship that could stymie housing development, the City adopted a lesser fee based on a formula that analyzed a "typical" project in the City by calculating the affordability gap for the affordable units (15% of the project) as if they were required and dividing the total affordability gap by the total square footage of the project being built. The adopted fee based on the formula is currently $34.50 per square-foot. Based on average project unit size of 3,027 square-feet, a $104,431 housing in-lieu fee will be due. 12. The proposed Planned Development Permit, to allow construction of 25 single-family homes, five accessory dwelling units, a new private street, and associated site and landscaping improvements, constitutes the required "development plan" associated with the proposed Zoning Map Amendment as specified by Campbell Municipal Code (CMC) Section 21.12.030.G.1 (Establishing the P-D zoning district). City Council Ordinance 2269 — Planned Development Permit Page 4 of 8 16179 E. Mozart Avenue 13. The Proposed Project includes provision of five accessory dwelling units, fulfilling the City's accessory dwelling unit (ADU) "Development Policy" (CMC Section 21.23.090) that requires twenty percent (20%) percent of new dwellings within a residential subdivision with five or more parcels to be designed to allow for future creation of an accessory dwelling unit, or alternatively, include an accessory dwelling unit. 14. The Proposed Project includes provision of four accessory dwelling units that deviate from the setback standards set forth in CMC Section 21.23.030.E, Table 3-1(b), as permitted by CMC Section 21.23.100 which allows developers to seek "less restrictive standards" as a means to promote production of accessory dwelling units, which may be approved by the City Council via ordinance adoption of a Planned Development Permit. 15. Accessory dwelling units are not considered dwelling units for purposes of residential density or the Inclusionary Housing Ordinance pursuant to CMC Section 21.04.020, Table 2-1, Note (1), and Section 21.24.030 — Definition of"Residential Project," respectively. 16. The proposed Planned Development Permit would be adopted by City Council ordinance as also required by CMC Section 21.12.030.H.10.c(1), because the project site exceeds two gross acres in total lot area. 17. The proposed Planned Development Permit is considered in conjunction with and subject to a Tentative Vesting Subdivision Map to create 25 private lots and four common lots, and associated public and private easements. 18. The proposed Planned Development Permit in association with the related Tentative Vesting Subdivision Map would allow creation of new parcels lacking access to a public street as permitted by CMC Section 20.16.035.A.1 because the Project Site will be rezoned to Planned Development (P-D). 19. As require by the draft Mitigated Negative Declaration, a "fair share contribution" of the construction cost shall be imposed as a condition of approval of the development application. This fee is imposed pursuant to the Mitigation Fee Act (Government Code § 66000 et seq.) as follows: a. There is a reasonable relationship between the fee's use and the type of development project on which the fee is imposed, in that as documented in the Traffic Impact Analysis prepared by TJKM Transportation Consultants, included as Attachment 11 of the Initial Study, the Proposed Project would exceed the vehicle miles traveled (VMT) significance threshold (15 percent below the existing Campbell citywide average VMT per capita) of the City's VMT Policy, which shall presume to cause a significant transportation impact under CEQA. b. The purpose of the "fair share contribution" is to serve as one of the mitigation measures that in combination with other physical improvements, is intended to reduce this impact to a less than significance level by encouraging alternatives to vehicular transportation as to reduce the VMT associated with the project. c. The "fair share contribution" will compensate the City for the cost of bicycle and pedestrian improvements in the vicinity of the project site, including the bicycle lanes on Bascom Avenue between Camden Avenue and Highway 85 and ADA-compliant curb City Council Ordinance 2269 — Planned Development Permit Page 5 of 8 16179 E. Mozart Avenue ramp upgrades between Camden Avenue and Highway 85. The "fair share contribution" that will be required is $65,000, inclusive of $14,000 for the Bascom Avenue bicycle lanes, $24,000 for four ADA ramps to nearest bus stops, and $27,000 for three ADA ramps at Highway 85 North/Bascom. d. There is a reasonable relationship between the need for the public facilities and the type of development project on which the fee is imposed, in that the funding provided by the "fair share contribution" relates to physical improvements within the vicinity of the project site that will directly serve the future residents of the proposed project who will benefit from safer bicycle travel and accessible public sidewalks, encouraging reduced personal vehicle use by encourage cycling and walking. e. There is a reasonable relationship between the amount of the fee and the cost of the public facilities, in that the amount of the "fair share contribution" equals the cost of the aforementioned improvements located within the vicinity of the project site that can be reasonable expected to be used by future residents of the proposed project. 20. The proposed project would be consistent with the following General Plan policies and strategies: Goal LUT-3: [Encourage] Options in ownership and rental housing in terms of style, size, and density that contribute positively to the surrounding neighborhood Policy LUT-3.1: Variety of Residential Densities: Provide land use categories for and maintenance of a variety of residential densities to offer existing and future residents of all income levels, age groups and special needs sufficient opportunities and choices for locating in Campbell. Strategy LUT-5.2a: Neighborhood Compatibility: Promote new residential development and substantial additions that are designed to maintain and support the existing character and development pattern of the surrounding neighborhood, especially in historic neighborhoods and neighborhoods with consistent design characteristics. Policy 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 a cohesive design. 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. 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. Program H-5.2a: Implementation Objective: The City will continue to offer density bonus and/or regulatory incentives/concessions to facilitate the development of affordable and/or senior housing. The City will advertise its density bonus provisions on its website, explain how density bonuses work in tandem with inclusionary requirements, and promote in discussions with prospective development applicants. Policy H-5.3: Secondary Dwelling Units: Provide for the infill of modestly priced rental housing by encouraging secondary units in residential neighborhoods. City Council Ordinance 2269 — Planned Development Permit Page 6 of 8 16179 E. Mozart Avenue 21. The Proposed Project incorporates a requirement for off-site public improvements including dedication of right-of-way for public street purposes and installation of City standard curb, gutter, sidewalk, driveways, street tree(s), and street light(s). 22. In review of the proposed project, the City Council considered the site circulation, traffic congestion, and traffic safety effects of the project, 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 the off-street parking facilities. 23. The City Council further considered the landscaping design of the proposed project, including the location, height, and material of fences, walls, hedges, and screen plantings to ensure harmony with adjacent development or to conceal storage areas, utility installations, and other unsightly aspects of the development; the planting of groundcover or other surfacing to prevent dust and erosion, and the preservation of existing healthy trees. 24. The City Council further considered the proposed project's architectural and site layout, including the general silhouette and mass, including location on the site, elevations, and relation to natural plant coverage, all in relationship to the surrounding neighborhood; the exterior design in relation to adjoining structures in terms of area, bulk, height, openings, and breaks in the facade facing the street; and appropriateness and compatibility of the proposed uses in relation to the adjacent uses and the area as a whole. 25. No substantial evidence has been presented which shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. Based upon the foregoing findings of fact and in consideration of the entire administrative record, the City Council further finds and concludes that: Planned Development Permit Findings (CMC Sec. 21.12.030.H.6): 1. The proposed development will clearly result in a more desirable environment and use of the land than would be possible under any other zoning district classification; 2. The proposed development will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area; 3. The proposed development will not result in allowing more residential units than would be allowed by other residential zoning districts, which are consistent with the General Plan designation of the property; 4. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole; 5. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project; City Council Ordinance 2269 — Planned Development Permit Page 7 of 8 16179 E. Mozart Avenue 6. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project; 7. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment; Density Bonus Findings (CMC Sec. 21.20.140.2): 8. The residential project is eligible for a density bonus and any concessions, incentives, waivers, modifications, or reduced parking standards requested; conforms to all standards for affordability included in this chapter; and includes a financing mechanism for all implementation and monitoring costs; and 9. Any requested incentive or concession will result in identifiable, financially sufficient, and actual cost reductions based upon appropriate financial analysis and documentation if required by Section 21.20.110; SECTION ONE: That this Ordinance be adopted to approve a Planned Development Permit (PLN2018-156) to allow construction of 25 single-family homes, five accessory dwelling units (4 detached and one interior), a new private street, and associated site, parking, and landscaping improvements; and a Density Bonus to allow a 32.5% increase in the allowable density, use of State parking standards, and provision of two Very Low Income below-market-rate (BMR) units, for property located at 16179 E. Mozart Avenue, subject to the attached Conditions of Approval (attached Exhibit A). SECTION TWO: This Ordinance shall become effective thirty (30) days following its passage and adoption and shall be published, one time within fifteen (15) days upon passage and adoption in the Metro Silicon Valley, a newspaper of general circulation in the City of Campbell, County of Santa Clara. PASSED AND ADOPTED this 1st day of December, 2020, by the following roll call vote: AYES: COUNCILMEMBERS: Waterman, Bybee, Resnikoff, Gibbons, Landry NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None APPROVED: ../m6(3,001rn Susan M. Landry, ayor ATTEST: Andrea Sa rs, Acting City Clerk EXHIBIT A CONDITIONS OF APPROVAL PLANNED DEVELOPMENT PERMIT 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 Planned Development Permit to allow construction of 25 single-family homes, five accessory dwelling units (4 detached and one interior), a new private street, and associated site, parking, and landscaping improvements, and a Density Bonus to allow a 32.5% increase in the allowable density, use of State parking standards, and provision of two Very Low Income below-market-rate (BMR) units, for property located at 16179 E. Mozart Avenue. The project shall substantially conform to the Revised Project Plans received by the Planning Division on September 30, 2020, except that the civil, architectural, and landscaping plans submitted for site development, grading, and building permits, and the (final) Tract Map, shall reflect the modified site configuration depicted in Exhibit B, as determined by the Community Development Director. 2. Permit Expiration: The Planned Development Permit (heron "Approval") is valid for a period of two (2) years from the effective date of this ordinance, unless an extension of time is granted prior to expiration in compliance with Campbell Municipal Code (CMC) Section 21.56.030.C. Within this two-year period a building permit for commencement of grading activity and construction of on-site improvements must be issued to "establish" the Approval pursuant to CMC Section 21.56.030.B.1 (Issuance of Building Permit). Failure to meet this deadline or expiration of an issued building permit will result in the Approval being rendered void. 3. Tract Map: Exercise of this Approval is contingent upon recordation of the Tract Map associated with the Tentative Vesting Subdivision Map for the project. The Tract Map shall be recorded prior to the issuance of building or grading permits. However, the Tract Map may not be recorded if the Planned Development Permit expires or is otherwise rendered void. The Tract Map and Planned Development Permit are also tied together as one single approval. Should the Planned Development Permit not be exercised, the Tract Map would need to revert back to acreage, thereby nullifying the Tract Map's recordation. 4. Developer Affordable Housing Agreement: Exercise of this Approval is contingent upon recordation of a "Developer and Affordable Housing Agreement" for the provision of below- market rate housing, as more specifically identified in the City Council Resolution approving the Tentative Vesting Subdivision Map associated with the Planned Development Permit. This Agreement shall specify Lot No. 16 and either Lot No. 19 or No. 20 at the applicant's discretion, as the location of the two (2) "target units" and require payment of a Housing In- lieu fee in the amount of$104,431.50. Conditions of Approval — Planned Development Permit Page 2 16179 E. Mozart Avenue 5. Accessory Dwelling Unit `Restriction: The applicant shall record deed restrictions on the parcels containing accessory dwelling units consistent with CMC Section 21.23.070 prior to the issuance of building permits. 6. Transportation Fair Share Contribution Fee: As required by Mitigation Measure TRAN-1, the applicant shall provide to the City a Fair Share Contribution Fee for bicycle and pedestrian improvements constructed in the vicinity of the project site in the amount of$65,000. This fee shall be paid prior to the recordation of the Tract Map. 7. Bus Shelter Installation: As required by Mitigation Measure TRAN-1, the applicant shall install a bus shelter at the bus stop along Bascom Avenue across from E. Mozart Avenue. The bus shelter shall be installed prior to issuance of certificates of occupancy. 8. Minor Revisions:Architectural refinements and other minor revisions to the Approved Project Plans may be administratively reviewed and approved by the Community Development Director. If the revisions would result in additional building square footage or substantially alter the design or specifications approved by the site plan the Director shall require a "Modification of a Planned Development Permit" in compliance with CMC Section 21.12.030.H.3. 9. Final Building Colors: The applicant shall provide final color sheets for the residences which shall be reviewed and approved by the Community Development Director prior to issuance of building permits. 10. Fencing Plan: The on-site improvement plans shall include a detailed "fencing plan" indicating placement of new fencing/walls around the interior and perimeter property lines, as generally depicted on the Approved Project Plans, for review and approval by the Community Development Director. Prior to construction of fencing, the applicant, contractor, and staff, shall conduct a walk-through of the project site to verify fencing placement in order to minimize damage to neighbors' adjacent landscaping and property. 11. Playground Equipment: The playground equipment shall be assembled and installed in compliance with the written instructions of the manufacturer and shall be inspected by a Certified Playground Safety Inspector who shall certify in writing to the Community Development Director that the equipment is in compliance with the California Department of Health Services regulations regarding playground equipment. 12. Street Names: The name(s) of the private street(s) within the approved project shall be selected by the Community Development Director from the list of approved public street names established by the Civic Improvement Commission. 13. Timely Completion: Once under construction it shall be the obligation of the property owner and contractor to demonstrate continued progress on the project. In the event the building permit expires, the City may impose fines or exercise administrative remedies to compel timely completion of work. 14. Water Efficient Landscape Standards: This project is subject to the updated California Model Water Efficient Landscape Ordinance (MWELO). The building permit application for grading Conditions of Approval — Planned Development Permit Page 3 16179 E. Mozart Avenue and on-site improvements shall demonstrate compliance with the applicable MWELO and landscaping requirements and shall include the following. Replacement trees shall be provided consistent with the Conditions of Approval of the associated Tree Removal Permit. a. A Landscape Documentation Package prepared by an authorized and licensed professional demonstrating compliance with the full MWELO requirements with the following required elements: 1) Project Information per Section 492.3. 2) Water Efficient Landscape Worksheet per Section 492.4 (Appendix B of the MWELO). i. Include the worksheet within the plan set AND ii. Provide a separate 8.5x11 hard copy or pdf via email to the project planner. 3) Soil Management Report per Section 492.5 (unless significant mass grading is planned, in which case the report shall be submitted prior to permit final). 4) Landscape Design Plan per Section 492.6. 5) Irrigation Design Plan per Section 492.7. 6) Grading Design Plan per Section 492.8. Note that a Soil Management Report (if not submitted as part of the Landscape Documentation Package) and Certificate of Completion will be required prior to permit final. b. A completed Landscape Information Form. c. A note on the Cover Sheet in minimum 1/2" high lettering stating "Planning Final Required. The new landscaping indicated on the plans must be installed prior to final inspection. Changes to the landscaping plan require Planning approval." 15. Utility Boxes and Back-Flow Preventers: The applicant shall submit a plan prior to installation of the underground PG&E utility (transformer) boxes and San Jose Water Company back- flow preventers, indicating the location of the boxes for approval by the Community Development Director. Utility boxes at a minimum will be painted/treated to match the predominant backdrop, and indicating that to the extent feasible that utilities will be placed in the driveway and/or in front of each unit (i.e. water meter boxes). 16. Construction Activity: The following standards shall apply to construction of the project. Failure to comply with permitted working hours that result in verified complaints may result in the issuance of a Stop Work Notice issued to the project with cessation of work fora minimum of seven (7) days from the date of issuance and an Administrative fine of up to $1,000.00. • Construction Hours (CMC 18.04.052): Construction activity shall be limited to the hours of eight a.m. and five p.m. daily, Monday through Friday. Saturday hours of construction shall be nine a.m. and four p.m. There shall be no construction activity on Sundays or National Holidays. • Construction Noise (CMC 18.04.052): No loud environmentally disruptive noise over fifty dbs., such as air compressors without mufflers, continuously running motors or generators, loud playing musical instruments or radios will be allowed during the authorized hours of construction, Monday through Saturday, where such noise may be a nuisance to adjacent residential neighbors. Such nuisances shall be discontinued. Conditions of Approval — Planned Development Permit Page 4 16179 E. Mozart Avenue • Contractor Contact Information Posting: The project site shall be posted with the name and contact number of the lead contractor in a location visible from the public street prior to issuance of building permits. 17. On-Site Lighting: On-site lighting shall be shielded away from adjacent properties and directed on site in compliance with City of Campbell Lighting Design Standards (CMC 21.18.090). The design and type of lighting fixtures and lighting intensity of any proposed exterior lighting for the project shall be reviewed and approved by the Community Development Director. Lighting fixtures shall be of a decorative design to be compatible with the residential development and shall incorporate energy saving features. 18. 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. 19. Property Maintenance: The property is to be maintained free of any combustible trash, debris, and weeds until the time that actual construction commences. Any vacant existing structures shall be secured, by having windows boarded up and doors sealed shut, or be demolished or removed from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code). 20. Planning Mitigation Monitoring: Prior to issuance of building or grading permits the applicant shall pay a Mitigation Monitoring Fee as established by the Schedule of Fees. Additionally, the developer shall designate a qualified individual who shall regularly report to staff on the ongoing mitigation compliance for the project. 21. Mitigation Measures: The approved project shall incorporate all Mitigation Measures identified in the Mitigated Negative Declaration, as restated below for reference: Mitigation Measure AQ-1: The project applicant shall ensure that construction plans include the BAAQMD Best Management Practices for fugitive dust control. The following will be required for all construction activities within the project area. These measures will reduce fugitive dust emissions primarily during soil movement, grading and demolition activities, but also during vehicle and equipment movement on unpaved project sites: 1. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. 2. All haul trucks transporting soil, sand, or other loose material off-site shall be covered. 3. 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. 4. All vehicle speeds on unpaved roads shall be limited to 15 mph. Conditions of Approval — Planned Development Permit Page 5 16179 E. Mozart Avenue 5. All streets, 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. 6. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of CCR). Clear signage shall be provided for construction workers at all access points. 7. 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. 8. A publicly 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 within 48 hours. BAAQMD's phone number shall also be visible to ensure compliance with applicable regulations. Mitigation Measure AQ-2: The project applicant shall ensure that construction contract specifications include a requirement that all off-road diesel-powered construction equipment used for project improvements be equipped with Tier 4 final engines. Mitigation Measure BIO-1: Vegetation removal and initial ground-disturbing activities should occur outside the nesting season, which generally occurs from February through August, to avoid potential impacts to nesting birds. This would ensure that no active nests would be disturbed and that habitat removal could proceed rapidly. If vegetation removal and initial ground-disturbing activities occur during the nesting season, all suitable habitat should be thoroughly surveyed by a qualified biologist for the presence of nesting birds before commencement of clearing. If any active nests are detected, a buffer of at least 100 feet(300 feet for raptors) should be delineated, flagged, and avoided until the nesting cycle is complete as determined by a qualified biologist. Mitigation Measure BIO-2: To the extent practicable, site demolition should occur outside peak bat activity timeframes when young or overwintering bats may be present, which generally occurs from March through April and August through October, to ensure protection of potentially occurring bats and their roosts on the project site. Additionally, daily restrictions on the timing of any construction activities should be limited to daylight hours to reduce disturbance to roosting (and foraging) bat species. Additionally, a pre- demolition bat survey should be conducted within 30 days of the removal of any structures/buildings or trees. The survey should include a determination on whether active bat roosts are present on or within 50 feet of the project site. If a non-breeding and non-wintering bat colony is found, the individuals shall be evicted under the direction of a qualified biologist to ensure their protection and avoid unnecessary harm. If a maternity colony or overwintering colony is found in the buildings or trees on the project site, then the qualified biologist shall establish a suitable construction-free buffer around the location. The construction-free buffer shall remain in place until the qualified biologist determines that the nursery is no longer active. Mitigation Measure B/O-3: Construction drawings submitted for building and grading permits, as well as all demolition, grading, and construction activity, shall conform to the Conditions of Approval — Planned Development Permit Page 6 16179 E. Mozart Avenue tree protection recommendations specified by the 16179 E. Mozart Tree Assessment, dated September 7, 2020, prepared by Walter Levison. Conformance with the specified recommendations during demolition, grading, and construction activities shall be the obligation of the applicant's project arborist (PA). The applicant shall sign a mitigation agreement with the City confirming the role of its PA prior to issuance of any permits. Review of construction drawings for compliance with the specified recommendations shall be performed by the City's consulting arborist at the applicant's sole cost (to be paid for in advanced prior to submittal of permit applications). The Community Development Director may also direct the City's consulting arborist to perform independent monitoring of demolition, grading, and construction activity (to be paid for in advance by the applicant). 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: The applicant shall comply with the recommendations in the Geotechnical Investigation Residential Development, dated December 10, 2019, prepared by Geo-Logic Associates dba Pacific Geotechnical Engineering. Such recommendations shall be incorporated into the project's final engineering design to prevent ponding of water in or near the building, ensure the conveyance of storm water away from the building, and avoid the saturation of foundation soils. The project shall use standard engineering techniques and conform to the requirements of the International Building Code to reduce the potential for seismic damage and risk to future occupants. Mitigation Measure HAZ-1: Prior to issuance of a Grading Permit, the applicant shall furnish written confirmation from the Santa Clara County Department of Environmental Health that it has approved and will oversee implementation of the draft Soil Management Plan, prepared by Ramboll US Corporation, dated June 23, 2020. Mitigation Measure NOI-1: The following measures shall be implemented during construction and demolition activity: Conditions of Approval — Planned Development Permit Page 7 16179 E. Mozart Avenue 1. Schedule: Per section 18.04.052 of the City Municipal Code, construction is limited to between the hours of 8am and 5pm, Monday through Friday, and between 9am and 4pm on Saturdays. Demolition and loud activities should be limited to Monday through Friday. 2. Site Perimeter Barriers: If determined necessary by the Community Development Director upon resident complaints of excessive construction noise, the applicant shall provide sound-rated barriers should be constructed around the northwest and northeast property lines, as shown in Figure 1. This would include 8-ft tall barrier constructed with either two layers of/2-inch thick plywood (joints staggered) and K- rail or other support; or a limp mass barrier material weighing two pounds per square foot such as Kinetics KNM-200B or equivalent. The construction team should work closely with the neighboring residences to monitor any noise complaints received, and incorporate additional measures as feasible on a case by case basis. 3. Stationary Equipment Local Barriers: If determined necessary by the Community Development Director upon resident complaints of excessive construction noise, the applicant shall install localized barriers around stationary equipment such as air compressors that break line-of-sight to neighboring properties. 4. Generators: Locate generators far away from noise-sensitive receivers, as feasible. If necessary, generator noise could be reduced by providing sound-rated enclosures and exhaust mufflers or by providing a local noise barrier. 5. Construction Equipment: Where necessary, provide exhaust mufflers on pneumatic tools.All equipment should be properly maintained. 6. Truck Traffic: Minimize truck idling and require trucks to load and unload materials in the construction areas, as opposed to idling on local streets. If truck staging is required, locate the staging area along major roadways with higher traffic noise levels or away from the noise-sensitive receivers such as East Mozart Avenue. Trucks should be shut off when waiting to enter the site. 7. Methods: Consider means to reduce the use of heavy impact tools and locate these activities away from the property line as feasible. Other methods, including drilling, could be employed if noise levels are found to be excessive. 8. Notification and Confirmation: Notify neighbors of extreme noise generating activities including the estimated duration of the activity, construction hours, and contact information. Mitigation Measure NOI-1: The following measures shall be implemented in the construction drawings submitted for a building permit: Window and exterior door STC3 ratings needed to meet the interior DNL 45 dB criteria should be as shown in Figures 2 through 4. Our calculations are based on the following assumptions: • All rooms will have hard-surfaced flooring Conditions of Approval — Planned Development Permit Page 8 16179 E. Mozart Avenue • Ceilings will be minimum 8-feet high throughout the residences • Exterior walls will be equivalent to 3-coat stucco over wood sheathing, wood studs with batt insulation in stud cavities, with at least 1 layer of gypsum board on the interior (approximately STC 45). STC ratings for selected assemblies should be based on laboratory testing performed in accordance with ASTM E-90 and comprise the entire window or door assembly, including the frame. If non-tested assemblies are to be used, an acoustical consultant must review the glazing and frame submittals, and the STC rating of the glass may need to be increased. For reference purposes, a typical one-inch insulated, dual-pane window achieves an STC rating of approximately 28 to 30. Where STC ratings above STC 34 are required, typically at least one pane will need to be laminated, however, this depends on the specific window manufacturer. Because windows must be closed to achieve the interior noise criteria, an alternate means of providing outside air (e.g., fresh-air exchange units, HVAC, Z-ducts, etc.) to habitable residential spaces should be considered for building facades exposed to an exterior DNL of 60 dB or greater. Operable windows are still acceptable provided they are not being relied upon to provide fresh air to the units. This applies to all facades. Mitigation Measure TRAN-1: To substantially lessen VMT impacts caused by the proposed project, the following mitigations can be implemented. 1. Wayfinding Signs — Install wayfinding signs at E. Mozart Avenue/Bascom Avenue, at the west end of the Mozart Avenue cul-de-sac, and at the foot of the pedestrian- bicycle overpass. These signs would familiarize potential users with the existing pedestrian/bicycle network. 2. Bike Route Signs and Sharrows — Designate E. Mozart Avenue as a bike route and install signs and sharrows. These installations will close the gap between the existing bike lanes along Bascom Avenue and the pedestrian-bicycle overpass. 3. Sidewalks — Install sidewalks along the project frontage to close the existing gap on Mozart Avenue. This will promote walking by project residents and others. 4. Bus Shelter— Install a bus shelter at the bus stop along Bascom Avenue across from E. Mozart Avenue. This is subject to VTA approval but is consistent with VTA's Bascom Avenue Complete Streets Study. This will encourage new residents and others to use public transit by providing a bench and shade. 5. VTA Transit Passes — Provide introductory VTA Transit Passes to project residents. This can be administered by the Homeowner's Association (HOA). Providing VTA transit passes is intended to encourage residents to try transit and build a habit. 6. Fair Share Contribution — Contribute fair share funding to recently constructed bicycle and pedestrian improvements including the bike lanes on Bascom Avenue between Camden Avenue and SR 85 and ADA-compliant curb ramp upgrades between Camden Avenue and SR 85. Conditions of Approval — Planned Development Permit Page 9 16179 E. Mozart Avenue Building Division: 22. Permits Required: A building permit application shall be required for each of the proposed new dwelling structures. The building permit shall include Electrical/ Plumbing/ Mechanical fees when such work is part of the permit. 23. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 24. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 inches by 36 inches. 25. 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. 26. Soils Report: Two copies of a current soils report, prepared to the satisfaction of the Building Official, containing foundation and retaining wall design recommendations shall be submitted with the building permit application. This report shall be prepared by a licensed engineer specializing in soils mechanics. 27. 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. 28. Foundation Inspections: A pad certificate prepared by a licensed civil engineer or land surveyor shall be submitted to the project building inspector upon foundation inspection. This certificate shall certify compliance with the recommendations as specified in the soils report and the building pad elevation and on-site retaining wall locations and elevations are prepared according to approved plans. Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered civil engineer for the following items: a. pad elevation b. finish floor elevation (first floor) c. foundation corner locations 29. Title 24 Energy Compliance: California Title 24 Energy Compliance forms shall be blue-lined on the construction plans. 8%X 11 calculations shall be submitted as well. 30. 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.0 Appendix 1, Section 106. Please obtain City of Campbell Special Inspection forms from the Building Inspection Division Counter. 31. Non-Point Source Pollution Control: The City of Campbell standard Santa Clara Valley Non- point Source Pollution Control Program specification sheet shall be part of plan submittal. The specification sheet (size 24" X 36") is available at the Building Division service counter. 32. Approvals Required: The project requires the following agency approval prior to issuance of the building permit: a. West Valley Sanitation District (378-2407) Conditions of Approval — Planned Development Permit Page 10 16179 E. Mozart Avenue b. Santa Clara County Fire Department (378-4010) c. Bay Area Air Quality Management District (Demolitions Only) d. School District: i. Campbell Union School District (378-3405) ii. Campbell Union High School District (371-0960) iii. Moreland School District (379-1370) iv. Cambrian School District (377-2103) Note: To determine your district, contact the offices identified above. Obtain the School District payment form from the City Building Division, after the Division has approved the building permit application. 33. California Green Building Code: This project is subject to the mandatory requirements for new residential structures (Chapter 4) under the California Green Building Code, 2016 edition. 34. Construction Fencing: This project shall be properly enclosed with construction fencing to prevent unauthorized access to the site during construction. The construction site shall be secured to prevent vandalism and/or theft during hours when no work is being done. All protected trees shall be fenced to prevent damage to root systems. 35. Build it Green: Applicant shall complete and submit a "Build it Green" inventory of the proposed new single family project prior to issuance of building permit. 36. Automatic Fire Sprinkler Systems: This project shall comply with Section R313 of the California Residential building Code 2013 edition, and be equipped with a complying Fire Sprinkler system. 37. 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. 38. P.G. & E.: The applicant is advised to contact PG&E as early as possible in the approval process. Service installations, changes and/or relocations may require substantial scheduling time and can cause significant delays in the approval process. The applicant should also consult with PG&E concerning utility easements, distribution pole locations and required conductor clearances. FIRE DEPARTMENT 39. Automatic Fire Sprinkler System Required: An automatic residential fire sprinkler system shall be installed in one- and two-family dwellings as follows: 1. In all new one- and two- family dwellings and in existing one- and two-family dwellings when additions are made that increase the building area to more than 3,600 square feet. Exception: A one-time addition to an existing building that does not total more than 1,000 square feet of building area. 2. In all new basements and in existing basements that are expanded. Exception: Existing basements that are expanded by not more than 50%. NOTE: The owner(s), occupant(s) and any contractor(s) or subcontractor(s) are responsible for consulting with the water purveyor of record in order to determine if any modification or upgrade of the existing water service is Conditions of Approval — Planned Development Permit Page 11 16179 E. Mozart Avenue required. A State of California licensed (C -16) Fire Protection Contractor shall submit plans, calculations, a completed permit application and appropriate fees to this department for review and approval prior to beginning their work. CRC Sec. 313.2 as adopted and amended by CMC. Specific note regarding fire sprinkler installation required when submitting for development of individual lots. 40. Public Fire Hydrant(s) Required: Provide public fire hydrant(s) at location(s)to be determined jointly by the Fire Department and San Jose Water Company. Maximum hydrant spacing shall be 500 feet, with a minimum single hydrant flow of 500 GPM at 20 psi, residual. Fire hydrants shall be provided along required fire apparatus access roads and adjacent public streets. CFC Sec. 507, and Appendix B and associated Tables, and Appendix C. Two proposed hydrants are shown on the plans as well as the relocation of one near the entry to the subdivision. 41. Timing of Installation: When fire apparatus access roads or a water supply for fire protection is required to be installed, such protection shall be installed and made serviceable prior to and during the time of construction except when approved alternative methods of protection are provided Temporary street signs shall be installed at each street intersection when construction of new roadways allows passage by vehicles in accordance with Section 505.2. 42. Fire Apparatus (Engine) Access Roads Required: Provide access roadways with a paved all weather surface, a minimum unobstructed width of 20 feet, vertical clearance of 13 feet 6 inches, minimum circulating turning radius of 42 feet outside and 23 feet inside, and a maximum slope of 15%. Installations shall conform to the Fire Department Standard Details Specifications A-1 and CFC Section 503. Conforming turning radii noted on Sheet C5 for all tuns within the circulating fire access roadway. Fire Lane marking is required throughout. 43. Construction Site Fire Safety: All construction sites must comply with applicable provisions of the CFC Chapter 14 and our Standard Detail and Specification SI-7. Provide appropriate notations on subsequent plan submittals, as appropriate to the project. CFC Chp. 33. 44. Water Supply Requirement: Potable water supplies shall be protected from contamination caused by fire protection water supplies. It is the responsibility of the applicant and any contractors and subcontractors to contact the water purveyor supplying the site of such project, and to comply with the requirements of that purveyor. Such requirements shall be incorporated into the design of any water-based fire protection systems, and/or fire suppression water supply systems or storage containers that may be physically connected in any manner to an appliance capable of causing contamination of the potable water supply of the purveyor of record. Final approval of the system(s) under consideration will not be granted by this office until compliance with the requirements of the water purveyor of record are documented by that purveyor as having been met by the applicant(s). 2010 CFC Sec. 903.3.5 and Health and Safety Code 13114.7. 45. Address identification: New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Where required by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 4 inches (101.6 mm) Conditions of Approval — Planned Development Permit Page 12 16179 E. Mozart Avenue high with a minimum stroke width of 0.5 inch (12.7 mm). Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address numbers shall be maintained. CFC Sec. 505.1. 46. Fire Apparatus (Engine) Access Driveways: (As noted on Sheet C5) Access driveways shall have a paved all weather surface, a minimum unobstructed width of 12 feet, vertical clearance of 1 feet 6 inches and a maximum slope of 15 percent. Installations shall conform to the Fire Department Standard Details Specifications D-1 and CFC Section 503.2. Revision to Sheet C5 indicates all lot including Lots 6 and 11 now have adequate driveway widths. PUBLIC WORKS DEPARTMENT 47. Tentative Vesting Subdivision Map: All Conditions of Approval of the Vesting Subdivision Map shall be implemented and fulfilled to the satisfaction of the City Engineer. 1 , k . .. . 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