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CC Resolution 12654 RESOLUTION NO. 12654 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A TENTATIVE VESTING SUBDIVISION MAP TO CREATE 25 PRIVATE LOTS AND FOUR COMMON LOTS, AND ASSOCIATED PUBLIC AND PRIVATE EASEMENTS, ON PROPERTY LOCATED 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. The City Council finds as follows with regard to the approval of a Tentative Vesting Subdivision Map: 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 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; 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. 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 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. City Council Resolution 12654 Page 2 of 5 Approving a Tentative Vesting Subdivision Map 16179 E. Mozart Avenue 6. 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 by to P- D (Planned Development). 7. The proposed Tentative Vesting Subdivision Map is considered in conjunction with and subject to, 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, a reduction in required parking, and provision of two Very Low Income below-market-rate (BMR) units. 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 units" obligation as the "target units" would fulfill the affordability City Council Resolution 12654 Page 3 of 5 Approving a Tentative Vesting Subdivision Map 16179 E. Mozart Avenue requirements of CMC Section 21.24.040.D. The third required "inclusionary unit" may 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 Tentative Vesting Subdivision Map will allow creation of privately held parcels for fee title ownership as well as common parcels to be improved with a private roadway, parking, open space, and landscaping. City Council Resolution 12654 Page 4 of 5 Approving a Tentative Vesting Subdivision Map 16179 E. Mozart Avenue 13. As a condition of approval, the applicant shall record Covenants, Codes and Restrictions (CC&R's) for the Proposed Project, forming a Homeowner's Association (HOA) and establishing the operational responsibilities of the HOA. 14. The proposed Tentative Vesting Subdivision Map 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). 15. The Planned Development Permit and Tentative Vesting Subdivision Map are tied together and reliant on following through on each City approval. Should the Tract Map be recorded and the Planned Development Permit expire, then the Tract Map shall be rescinded and returned back to acreage as directed by the City. Based upon the foregoing findings of fact and pursuant, the City Council further finds and concludes that: 1. The proposed Tentative Vesting Subdivision Map is consistent with the General Plan and Zoning Ordinance of the City. 2. The proposed Tentative Vesting Subdivision Map does not impair the balance between the housing needs of the region and the public service needs of its residents and available fiscal and environmental resources. 3. The design of the Tentative Vesting Subdivision Map provides, to the extent feasible, 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 fees imposed upon the project and the type of development project. 7. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required Conditions of Approval, will have a significant adverse impact on the environment. THEREFORE, BE IT RESOLVED that the City Council approves a Tentative Vesting Subdivision Map to create 25 private lots and four common lots, and associated public and private easements, on property located at 16179 E. Mozart Avenue, subject to the attached Conditions of Approval (attached Exhibit A). PASSED AND ADOPTED this 17th day of November, 2020, by the following roll call vote: City Council Resolution 12654 Page 5 of 5 Approving a Tentative Vesting Subdivision Map 16179 E. Mozart Avenue AYES: COUNCILMEMBERS: Waterman, Bybee, Resnikoff, Gibbons, Landry NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None APPROV : / C a VNI E346. Susan M. Landry, Mayor ATTEST: (44/0ka Andrea San' rs, Acting City Clerk EXHIBIT A CONDITIONS OF APPROVAL Tentative Vesting Subdivision Map 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 Tentative Vesting Subdivision Map to allow creation of 25 private lots and four common lots, and associated public and private easements on property located at 16179 E. Mozart Avenue. The Tract Map shall substantially conform to Tentative Vesting Subdivision Map (and associated civil sheets), included within the Revised Project Plans, dated as received by the Planning Division September 30, 2020, except as may be modified by the Conditions of Approval herein. 2. Approval Expiration: The Tentative Vesting Subdivision Map approval is valid for a period of two (2) years from the effective date of the associated City Council Ordinances approving a Zoning Map Amendment and Planned Development Permit, unless an extension of time is granted prior to expiration in compliance with Campbell Municipal Code (CMC) Section 21.56.030.C. Within this time period, the Tract Map ("final map") shall be approved by the City Council and recorded with the Office of the Santa Clara County Clerk-Recorder. 3. Planned Development Permit: The Tentative Vesting Subdivision Map is contingent upon approval of the associated Planned Development Permit. However, a Tract Map may not be recorded if the Planned Development Permit expires or is otherwise rendered void. The Planned Development Permit and Tentative Vesting Subdivision Map are also tied together and reliant on following through on each City approval. Should the Tract Map be recorded and the Planned Development Permit expire, then the Tract Map shall be rescinded and returned back to acreage as directed by the City. 4. Perpetual Development Standards: Should the associated Planned Development Permit expire after the Tract Map has been recorded, any future development shall substantially comply with the aforementioned Revised Project Plans, dated as received by the Planning Division on September 30, 2020, which shall constitute the objective standards for the P-D (Planned Development) Zoning District established for the subdivision. 5. Indemnity Agreement: Immediately following approval of the Tentative Vesting Subdivision Map, the applicant and property owner shall enter into an agreement satisfactory to the City Attorney to indemnify and defend the City of Campbell, its officers, officials, employees, and agents from any and all actions, liabilities, losses, and torts, including attorney's fees arising out of or connected unto any challenge to the decision of the City on this application. Conditions of Approval Page 2 Tentative Vesting Subdivision Map 16179 E. Mozart Avenue 6. 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. 7. Developer Affordable Housing Agreement: The applicant shall enter into a "Developer and Affordable Housing Agreement" (hereinafter "Agreement") in compliance with the provisions of Campbell Municipal Code (CMC) Section 21.20.150 (Developer Affordable Housing Agreement). a. The Agreement shall designate Lot No. 16 and either Lot No. 19 or No. 20 at the applicant's discretion as the two Density Bonus "target units," superseding the selection shown on Sheet C15 (Below Market Rate Housing Plan) of the Approved Project Plans referenced in Condition of Approval No. 1. Only the City Council, upon recommendation of the Planning Commission, may modify the Density Bonus "Target Unit" selection through a modification of this Condition of Approval. b. The two Density Bonus "target units" shall be constructed with four bedrooms. No developer option to reduce or increase the number of bedrooms shall be permitted. However, this restriction shall not be construed as to limit the ability of the homebuyer to reduce or increase the number of bedrooms subsequent to purchase. c. The two Density Bonus "target units" shall be offered for sale at an ownership cost affordable to very-low income (VLI) households. d. An Equity Sharing Agreement and/or other similar document, to the satisfaction of the Community Development Director, shall be required for each of the Density Bonus "target units" and shall remain in effect for a fifty-five (55)-year period from the date that a certificate of occupancy is issued for the Density Bonus "target unit". The Equity Sharing Agreement shall require participation in an Annual Certification provided by the City through its Housing Administrator. e. Execution of the Agreement shall be contingent upon payment of the Housing In-Lieu Fee as required by Condition of Approval No. 8. The applicant shall also remunerate the City for the full cost for preparation of the Agreement prior to its execution. f. The Agreement shall be executed and recorded prior to recordation of the Tract Map. g. The owners and residents of the Density Bonus "target units" shall have the same access to project amenities and recreational facilities as market-rate units. h. All affordable units shall be comparable to the design of the market-rate units in terms of 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. Further, if air conditioning is provided for the market-rate units, all affordable units shall also be provided with air conditioning. i. The City will maintain, through its Housing Administrator, a list of Eligible Households, and Owner agrees that buyers or renters will be selected from this list. The Housing Administrator, with approval from the City, will finalize the eligibility determination and refer Eligible Households to Owner to enter lease or sales contract. Conditions of Approval Page 3 Tentative Vesting Subdivision Map 16179 E. Mozart Avenue j. Owners, Buyers, and Applicants shall be responsible to pay fees in accordance with the BMR (Below Market Rate) Administrator Fee Schedule available online as follows: https://www.ci.campbell.ca.us/1079/Assemblv-Bill-AB-1483 k. All Housing Units shall be priced according to the 'Methodology for Determining Maximum Affordable Homeownership Unit Sales Price' available online as follows: https://www.ci.campbell.ca.us/1079/Assembly-Bill-AB-1483 I. The Housing Agreement shall be approved by the Community Development Director and shall be recorded in the Official Records of Santa Clara County. 8. Housing In-Lieu Fee: Prior to the recordation of the Tract Map, the applicant shall provide to the City a fee in-lieu of providing a housing unit at an affordable ownership cost as permitted by CMC Section 21.24.070.D. The amount due shall be $104,431.50, based on an average project unit size of 3,027 square-feet multiplied by the $34.50/sq. ft. fee amount established by the City's Schedule of Fees and Charges. 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. 9. Mitigation Measures: The Mitigation Measures identified in the Mitigated Negative Declaration for the project, as also included in the City Council Ordinance approving the associated Planned Development Permit are herein incorporated by reference. 10.Open Space Lots: The Tract Map shall include a note indicating: "Lot B, Lot C, and Lot D are reserved for open space and are not developable lots." It is the intent of the City Council in approving this Tentative Vesting Subdivision Map that these parcels remain reserved in perpetuity for open space for the residential development. However, this restriction shall not be construed as to prevent construction of recreational facilities upon these lots as may be approved by the City. 11.Covenants, Codes and Restrictions (CC&R's): Prior recordation of the 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. The applicant shall remunerate the City for the full cost incurred by the City to review the draft CC&R's. a. Formation of a Homeowner's Association (HOA) to ensure the long-term maintenance of buildings and property. b. Continued architectural controls to ensure the architectural integrity of the project consistent with the Approved Project Plans. c. Definition of common areas to be maintained and provision of maintenance for these areas. Conditions of Approval Page 4 Tentative Vesting Subdivision Map 16179 E. Mozart Avenue 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 of liability insurance in amount in keeping with accepted industry standards covering all common areas and all damage or injury caused by negligence of the HOA, its board or any of its agents, or the Owners, against any liability to the public or to any Owner incident to the use of or resulting from any accident or intentional or unintentional act of an Owner or third-party occurring in or about any common area. i. 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, lawn, plantings, irrigation, etc. Trees shall not be pruned in a manner that would not allow the tree to grow to a mature height. j. Provision for regular monitoring and maintenance of the stormwater system, in accordance with the manufacturer's recommendations, including the permeable pavement system. k. Provision for regular monitoring and maintenance of the private sanitary system as described by the designing engineering, and as approved by the City Engineer. , I. Provision for the availability of interior garage space for the parking of vehicles at all times. m. Provision to prohibit the use of outside parking spaces for storage purposes, including boats, trailers, and recreational vehicles. n. Provision to require the HOA to provide one-year VTA transportation passes to each original buyer of each unit upon initial occupancy. o. 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. p. Provision guaranteeing equal access to all common facilities and amenities by all residents (renters and homeowners) of the project. q. Provision that any guest parking stalls shall be reserved for guest use only and shall not be reserved or otherwise restricted by individual homeowners. PUBLIC WORKS DEPARTMENT 12.Construction Drawings: The applicant shall submit the following permit applications prior to, or concurrent with the main Building permit application: a. Encroachment Permit for Street Improvement Plans: The frontage improvements for the project shall be shown on a separate street improvement plan as detailed here: https://www.campbellca.gov/187/Street-Improvements Conditions of Approval Page 5 Tentative Vesting Subdivision Map 16179 E. Mozart Avenue b. Building Permit for On-Site / Grading & Drainage Plans: The on-site grading, drainage, stormwater, landscaping, ADA and site improvements for the project shall be shown on a separate building permit plan as detailed here: https://www.campbellca.gov/DocumentCenterNiew/16594 c. Tract Map: The subdivision map documents required for this project shall be submitted for review by the City Surveyor as detailed here: https://www.campbellca.gov/DocumentCenterNiew/434 13.Final (Tract) Map: Prior to issuance of any grading or building permits for the project, the applicant shall submit a Final Map for review by the City and recordation, upon approval by the City Council, pay various fees/deposits and submit the map in a digital format acceptable to the City. 14.Covenants, Conditions, and Restrictions: Provide draft copies of CC&Rs for review by the City prior to recordation of the Final Map and CC&Rs. Maintenance of the stormwater treatment facilities shall be part of the CC&Rs. 15.Preliminary Title Report: Upon submittal of the Final Map, the applicant shall provide a current (within the past 6 months) Preliminary Title Report. 16.Right-of-Way for Public Street Purposes: Upon recordation of the Final Map, the applicant shall fully complete the process to cause additional right-of-way to be granted in fee for public street purposes along the Mozart Avenue frontage to accommodate a 30 foot half street, unless otherwise approved by the City Engineer. The applicant shall submit the necessary documents for approval by the City Engineer, process the submittal with City staffs 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. 17.Public Service Easement: Upon recordation of the Final Map, the applicant shall grant a five (5) foot public service easement on private property contiguous with the public right-of- way along the Mozart 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. 18.Private Easements: Upon recordation of the Final Map, the applicant shall cause private easements to be recorded for private utilities, private storm drains, reciprocal ingress and egress, emergency vehicles, etc. 19.Monumentation for Final Map: Prior to recordation of the Final Map, the applicant shall provide a cash deposit for setting all monuments shown on the map. Monuments shall be set per section 20.76.010 of the Campbell Municipal Code 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. Monument locations shall be Conditions of Approval Page 6 Tentative Vesting Subdivision Map 16179 E. Mozart Avenue shown on On-site and Off-site improvement plans to verify that their locations do not conflict with other proposed improvements. 20.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 in-lieu fee shall be equal to the fee for twenty-five (25) new dwelling units based on a density range of 6 less than 13 units per gross acre, less credit for five (5) existing dwelling units at a density range of 6 less than 13 units per gross acre. The proposed Accessory Dwelling Units are less than 750 square feet each, per State Law there will be no Park Impact Fee collected for those units. The fee shall be due prior to recordation of the Tract Map. 21.Demolition: Prior to recording of the Final Map the applicant shall obtain a demolition permit and remove any nonconforming structures. 22.Soils Report: Upon submittal of the Final Map, applicant shall provide a soils report prepared by a registered geotechnical or civil engineer. The soils report shall be updated with the construction drawings, and shall demonstrate that the proposed infiltration vaults will not adversely impact any adjacent existing or allowable structures. 23.Grading and Drainage Plan: Prior to issuance of any grading or building permits for the site, 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. 24.Hydromodification Management Plan: Prior to issuance of any grading or building permits for the site, the applicant shall submit a final Hydomodification Management Plan based on construction drawings and demonstrating that post development stormwater run-off does not exceed pre-development stormwater run-off. 25.Storm Drain Area Fee: Prior to recordation of the Final Map, the applicant shall pay the required Storm Drain Area fee, currently set at $2,120.00 per net acre, which is $6,170.00. 26.State General Construction Activity Permit: Prior to issuance of any grading or building permits, the applicant shall comply with the State General Construction Activity Permit requirements including paying fees, filing a Notice of Intent and providing a Storm Water Pollution Prevention Plan (SWPPP). The applicant shall provide the City with a copy of the filed Notice of Intent and SWPPP. 27.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 Conditions of Approval Page 7 Tentative Vesting Subdivision Map 16179 E. Mozart Avenue 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. Prior to issuance of any grading or building permits: 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: a. A qualified BMP certifier is required to inspect the stormwater management facilities, submit a complete set of as-built drawings to Public Works Engineering, and certify on these drawings that: 1. The stormwater management facilities were constructed in compliance with the approved plans. 2. The as-built drawings show all pertinent constructed dimensions, elevations, shapes, and materials. 3. All variations in construction from the approved design plan have been identified, including omissions to and additions from the approved plan. 4. Any changes are in conformance with local, state, or federal regulations. 28.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. Utility locations shall not cause damage to any existing street trees. Where there are utility conflicts due to established tree roots or where a new tree will be installed, alternate locations for utilities shall be explored. Include utility trench details where necessary. 29.Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer cleanout(s) shall be relocated or installed on private property behind the public right-of- way line. 30.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 Conditions of Approval Page 8 Tentative Vesting Subdivision Map 16179 E. Mozart Avenue 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. 31.Pavement Restoration: Based on the utility coordination plan, the applicant shall prepare a pavement restoration plan for approval by the City Engineer prior to any utility installation or abandonment. Mozart Avenue was recently slurry sealed in 2018 and as such will require enhanced pavement restoration. The pavement restoration plan shall indicate how the street pavement shall be restored following the installation or abandonment of all utilities necessary for the project. 32.Street Improvement Agreements / Plans / Encroachment Permit / Fees / Deposits: Prior to recordation of the Final Map, the applicant shall execute a street improvement agreement, cause plans for public street improvements to be prepared by a registered civil engineer, pay various fees and deposits, post security and provide insurance necessary to obtain an encroachment permit for construction of the standard public street improvements, as required by the City Engineer. The plans shall include the following, unless otherwise approved by the City Engineer: a. Show location of all existing utilities within the new and existing public right of way. b. Relocation of all existing 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 approach and necessary sidewalk, curb and gutter. d. Removal of existing street section to centerline (existing pavement to be evaluated at the street improvement plan stage to determine limits of removal). e. Installation of City standard curb, gutter, sidewalk and ADA compliant driveway approaches consistent with the adjacent developed property. Installation of engineered structural pavement section to centerline, as required by the City Engineer. f. Extension of the public storm drain main along the project frontage, including the installation of new manholes and inlets as required. g. Installation of asphalt concrete overlay per street pavement restoration plan for utility installation and/or abandonment, as required by the City Engineer. h. Installation of LED streetlights, conduits, conductors and related facilities in accordance with the City of Campbell's Street Lighting Policies. City will specify fixture types. Preliminary analysis indicates the need for a new City Standard (Type 15) streetlight between lots 19 & 20, and an LED fixture upgrade to the existing City streetlight along the westerly boundary of the project. i. Installation of City approved street trees and irrigation at 30 feet on center. Please note that the proposed Pistacia chinensis 'Keith Davey' trees shown on the preliminary landscape plans will be replaced with a City designated species. j. Installation of traffic control, stripes and signs. k. Construction of conforms to existing public and private improvements, as Conditions of Approval Page 9 Tentative Vesting Subdivision Map 16179 E. Mozart Avenue necessary. I. Submit final plans in a digital format acceptable to the City. 33.Street Improvements Completed for 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 street improvements and pavement restoration installed and accepted by the City, and the design engineer shall submit as-built drawings to the City. 34.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. 35.Utility Encroachment Permit: Separate encroachment permits for the installation of utilities to serve the development will be required (including water, sewer, gas, electric, etc.). Applicant shall apply for and pay all necessary fees for utility permits for sanitary sewer, gas, water, electric and all other utility work. 36.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.