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PC Res 4630 RESOLUTION NO. 4630 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL A TENTATIVE SUBDIVISION MAP TO CREATE FOUR SINGLE- FAMILY LOTS AND ONE COMMONLY-OWNED LOT ON PROPERTY LOCATED AT 1323 ELAM AVENUE. After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. The Planning Commission finds as follows with regard to the recommended approval of a Tentative Subdivision Map: Environmental Finding 1. The project may be found Categorically Exempt under Section 15332 of the California Environmental Quality Act (CEQA, pertaining to In-Fill Development Projects which are found consistent with all applicable general plan policies, zoning regulations, are under five acres in size, and substantially surrounded by urban uses. Further, the project qualifies for the exemption on the basis the site has no value as habitat for endangered, rare, or threatened species (i.e., wetland), the project will not result in any significant effects related to traffic, noise, or air/water quality, and can be adequately served by all required utilities and public services. Evidentiary Findings 1. The proposed project ("project") includes a Planned Development for the approval of site configuration and architectural design for four two-story single-family homes, Tentative Subdivision Map to create four single-family lots and one commonly owned lot, and Parking Modification Permit to allow for two of the required assigned/uncovered parking spaces, to be provided as uncovered guest parking. 2. The project site consists of a single parcel (18,152 sq. ft. net / 20,027 sq. ft. gross) located on the north side of Elam Avenue between Inwood Drive and San Tomas Aquino Road. 3. The 18,152 square foot lot is currently developed with one single-family residence that will be demolished as part of the proposed subdivision. 4. Abutting land uses include single-family homes to the east and west, an apartment community to the north, and single-family homes across Elam Avenue to the south. 5. The proposed subdivision will require a 5-foot dedication along Elam Avenue, which will reduce the net lot area of the property from 18,152 square-feet to 17,776.90 square feet. 6. The project site is zoned P-D (Planned Development). Planning Commission Resolution No. 4630 Recommending Approval of a Tentative Subdivision Map – 1323 Elam Ave. Page 2 of 3 7. The project site is designated Low-Medium Density Residential (6-13 Units / Gr. Acre) as shown on the Campbell General Plan Map. 8. The proposed residential land use, at a density of 8.71 units/gr. acre, is consistent with the allowable land use and maximum density permitted by the Low-Medium Density Residential General Plan land use designation. 9. The proposed Tentative Subdivision Map may be approved concurrently, and subject to a Planned Development Permit, and Zoning Map Amendment. 10. The proposed Tentative Subdivision Map will allow creation of privately held parcels for fee title ownership as well as a common parcel to be improved with a private roadway, guest parking spaces, fire truck access, and landscaping. 11. The Tentative Subdivision Map has been distributed to local agencies, including Pacific Gas and Electric, West Valley Sanitation District, Santa Clara Valley Transportation Authority and the Santa Clara Valley Water District. As of the writing of this staff report, none of these agencies raised any concerns about providing services to the proposed lots. 12. The provisions of the Covenants, Conditions and Restrictions are necessary to ensure the long-term property maintenance and continued architectural integrity of the project. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. 2. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. Tentative Subdivision Map Findings (Gov. Code Section 66473): 3. The proposed map is consistent with the general plan, any applicable specific plan, any policy or guideline implementing the general plan, and all other applicable provisions of the Campbell Municipal Code. 4. The site is physically suitable for the proposed type and density of development. 5. The design of the subdivision or the proposed improvements will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 6. The design of the subdivision or the type of improvements will not cause serious public health problems. Planning Commission Resolution No. 4630 Recommending Approval of a Tentative Subdivision Map – 1323 Elam Ave. Page 3 of 3 7. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision or that alternative easements for access will be provided, and that these will be substantially equivalent to ones previously acquired by the public. 8. The design of the subdivision shall provide, to the extent feasible, for future passive and natural heating and cooling features in accordance with Government Code Section 66473. 9. Water will be available and sufficient to serve a proposed subdivision (less than 500 dwelling units) in accordance with Government Code Section 66473.7. Environmental Findings (CMC Sec. 21.38.050): 1. The project is Categorically Exempt under Section 15332 of the California Environmental Quality Act (CEQA, pertaining to In-Fill Development Projects and under Section 15304 of CEQA, pertaining to alterations which do not involve the removal of healthy, mature, scenic trees; 2. 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; and 3. There are no unusual circumstances that would prevent the project from qualifying as Categorically Exempt per Section 15300.2 of the CEQA Guidelines. THEREFORE, BE IT RESOLVED that the Planning Commission approves a Tentative Subdivision Map for the Project located at 1323 Elam Avenue, subject to the attached Conditions of Approval (attached Exhibit “A”). PASSED AND ADOPTED this 8th day of February, 2022, by the following roll call vote: AYES: Commissioners: Ching, Buchbinder, Krey, Ostrowski, Rivlin, Zisser NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: APPROVED: Stuart Ching, Chair ATTEST: Rob Eastwood, Secretary Sching (Feb 18, 2022 20:58 PST)Sching EXHIBIT A RECOMMENDED CONDITIONS OF APPROVAL Tentative 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 Subdivision Map to subdivide a parcel into four developable parcels and one common lot, subject to approval of a Planned Development Permit and Parking Modification Permit, on property located at 1323 Elam Avenue. The project shall substantially conform to the project plans dated November 5, 2021, except as may be modified by the Conditions of Approval herein. 2. Approval Expiration: The Tentative Subdivision Map approval is valid for a period of two years from the date of final City Council approval unless an extension is granted prior to the expiration date. Recordation of a Tract Map must occur within this two-year period. 3. Tract Map: The Planned Development Permit approval is contingent upon recordation of the Tract Map to divide the subject property. The Tract Map shall be recorded prior to the issuance of building or grading permits. 4. Indemnity: If determined necessary by the Community Development Director, the applicant 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 Council on this application. Such agreement shall be executed within the 30 days of the Community Development Director's decision to require it. 5. Planned Development Permit: The Tentative Subdivision Map is contingent upon approval of the Planned Development Permit and Parking Modification Permit. A Tract Map may not be recorded if the Planned Development Permit or Parking Modification Permit expires or is revoked by the City Council. 6. Park Impact Fee: A park impact fee is due upon development of the site, based on the development density ranging from 6 < 13 Units per Gross Acre (Low/Medium Density), less credit for one legally constructed unit. Prior to recordation of the Tract Map, 75% of this fee is due. The remaining 25% is due prior to issuance of a certificate of building occupancy. This fee is subject to change and the fee in effect at the time of payment shall be the fee due. Exhibit A - Conditions of Approval Tentative Subdivision Map Page 2 of 9 7. Covenants, Codes and Restrictions (CC&R’s): Prior to issuance of 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: a. Formation of a Homeowner’s Association to ensure the long-term maintenance of buildings and property. b. Continued architectural controls to ensure the architectural integrity of the project. c. Definition of common areas to be maintained and provision of maintenance for these areas. d. Provision which shall define the rights of use, allowable landscape or open space improvements. e. Provision of a funding mechanism to ensure maintenance and upkeep of common areas. f. Provision to provide ongoing maintenance of the required private roadways, landscaping, and sound walls as necessary. Graffiti removal from sound walls and fences within a reasonable period of time. g. 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. h. Provision for regular monitoring and maintenance of the stormwater system, in accordance with the manufacturer’s recommendations. i. Provision for regular monitoring and maintenance of the private sanitary system as described by the designing engineering, and as approved by the City Engineer. j. Provision for the availability of interior garage space for the parking of vehicles at all times. k. Provision to prohibit the use of outside parking spaces for storage purposes, including boats, trailers, and recreational vehicles. l. 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. m. Provision that requires that all landscaping, including but not limited infiltration plantings, be maintained as depicted on the final landscaping plan. n. Provision guaranteeing equal access to all common facilities and amenities by all residents (renters and homeowners) of the project. 8. Compliance with Other Regulations: The applicant shall comply with other state, county, and city ordinances that pertain to the proposed project. Exhibit A - Conditions of Approval Tentative Subdivision Map Page 3 of 9 9. Equal Access: As codified within the project's CC&Rs, the Home Owners Association shall maintain equal access to all common facilities and amenities for all residents (renters and homeowners) of the project. 10. 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 and color/material of the boxes for approval by the Community Development Director. 11. Pad Certification: Following site grading and prior to preparation of individual building pad forms, the following improvements shall be certified by a licensed land surveyor and reviewed by the Community Development Director to determine consistency with the approved plan (grade, pad and drainage). 12. 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. 13. 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 (California Fire Code, 2013 Edition). 14. Stormwater and Grading Requirements: The project shall comply with City stormwater and grading requirements (CMC Sec. 20.80.020, 21.16.100, and 14.02), as more specifically itemized in the Public Works Department Conditions of Approval for the Tentative Subdivision Map. 15. Construction Activity: The following standards shall apply to construction of the project: x 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. x 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. Exhibit A - Conditions of Approval Tentative Subdivision Map Page 4 of 9 x 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. PUBLIC WORKS DEPARTMENT 16. Construction Drawings: The applicant shall submit the required Tract Map, Street Improvement Plans, and Grading and Drainage Plans directly to the Public Works Department prior to, or concurrent with the Building permit application. Said application shall include the following: a. Response Letter: Upon submittal of the required plans, the applicant shall provide an itemized response letter verifying that all the Public Works Conditions of Approval have been met or addressed. b. Submittal Requirements: The checklist for the various plans required for submittal can be found on the City’s Website at: CityServicesŹPublicWorksŹEngineeringŹLand DevelopmentŹDocuments, (or use this link: http://www.cityofcampbell.com/206/Documents). See instructions on: i. Checklist for Tract Map; ii. Checklist for Grading and Drainage; iii. Checklist for Street Improvement Plans; iv. Upon submittal of the Final Map, a joint trench plan is required (location of the electrical power pole and all utility boxes will not be allowed in the sidewalk area). 17. Final 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. See instructions on “Checklist for Tract Maps” on the City’s website. 18. Covenants, Conditions, and Restrictions (CC&Rs): Provide a copy of the CC&Rs at the time of submittal review of the Final Map. CC&Rs to be reviewed by the City Attorney and Community Development Director and CC&Rs. Maintenance of the stormwater treatment facilities and the storm drain lateral connection to the City’s storm sewer system shall be part of the CC&Rs (that includes the proposed site design measure using permeable pavers). Recordation of CC&Rs will occur at time of Final Map recordation. 19. Preliminary Title Report: Upon submittal of the Final Map, the applicant shall provide a current (within the past 6 months) Preliminary Title Report. Exhibit A - Conditions of Approval Tentative Subdivision Map Page 5 of 9 20. 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 Elam Avenue frontage to accommodate a 30- ft half street in fee, 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 staff’s comments and fully complete the right-of-way process. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City’s review and recordation. 21. Public Service Easement: Upon recordation of the Final Map, the applicant shall grant a 5-ft Public Service Easement on private property contiguous with the public right-of-way along the Elam 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. Private utilities such as the PG&E joint trench shall be located so as not to interfere with the future public street trees root system. 22. 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. 23. Monumentation for Final Map: Prior to recordation of the Final Map, the applicant shall provide a cash deposit (100% of the monument estimate) for setting all monuments shown on the map. Monuments shall be set per section 20.76.010 of the Campbell Municipal Code including but not limited to setting permanent pipe monuments (three- fourths inch galvanized steel pipe two feet long approximately six inches below finished grade) at each boundary of all lot corners within the subdivision (a total of 14 boundary points), 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 (Quantity 2) at intersections of all street monument line tangents. 24. Demolition: Prior to recording of the Final Map the applicant shall obtain a demolition permit and remove any nonconforming structures. 25. Soils Report: Upon submittal of the Final Map, applicant shall provide a soils report prepared by a registered geotechnical or civil engineer. 26. Grading and Drainage Plan: Prior to recordation of the Final Map, the applicant shall conduct hydrology studies based on a ten-year storm frequency, prepare an engineered grading and drainage plan, and pay fees required to obtain necessary grading permits. Prior to occupancy, the design engineer shall provide written certification that the development has been built per the engineered grading and drainage plans. a. Grading plans must also include side and rear yard topography extending a sufficient distance beyond property line (20’ minimum) to determine that proposed grading will not impede existing drainage patterns. Exhibit A - Conditions of Approval Tentative Subdivision Map Page 6 of 9 b. Identify the location of overland release to the public storm system/public right of way. 27. Storm Drain Area Fee: Prior to recordation of the Final Map, the applicant shall pay the required Storm Drain Area fee. 28. Park Impact Fee: Prior to recordation of the Final Map, 75% of this fee is due the remaining 25% is due prior to issuance of a Certificate of Occupancy of Building Occupancy. 29. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and the Campbell Municipal Code regarding stormwater pollution prevention. The primary objectives are to improve the quality and reduce the quantity of stormwater runoff to the bay. Resources to achieve these objectives include Stormwater Best Management Practices Handbook for New Development and Redevelopment (“CA BMP Handbook”) by the California Stormwater Quality Association (CASQA), 2003; Start at the Source: A Design Guidance Manual for Stormwater Quality Protection (“Start at the Source”) by the Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and Using Site Design Techniques to Meet Development Standards for Stormwater Quality: A Companion Document to Start at the Source (“Using Site Design Techniques”) by BASMAA, 2003. 30. 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. 31. Water Meter(s) and Sewer Cleanout(s): Proposed water meter(s) and sewer cleanout(s) shall be relocated or installed on private property behind the public right-of- way line. 32. Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant shall submit a utility coordination plan and schedule for approval by the City Engineer for installation and/or abandonment of all utilities. The plan shall clearly show the location and size of all existing utilities and the associated main lines; indicate which utilities and services are to remain; which utilities and services are to be abandoned, and where new Exhibit A - Conditions of Approval Tentative Subdivision Map Page 7 of 9 utilities and services will be installed. Joint trenches for new utilities shall be used whenever possible. 33. Joint Trench Plan: Upon submittal of the Final Map, a joint trench plan is required showing the location of the electrical power pole and all utility boxes associated with it. No utility boxes will be allowed in the sidewalk area. All vaults, boxes transformers must be undergrounded. No above ground equipment shall be installed. 34. Pavement Restoration: Based on the utility coordination plan, the applicant shall prepare a pavement restoration plan for approval by the City Engineer prior to any utility installation or abandonment. Streets that have been reconstructed or overlaid within the previous five years will require boring and jacking for all new utility installations Elam Avenue has not been reconstructed or overlaid in the last 5 years. The pavement restoration plan shall indicate how the street pavement shall be restored following the installation or abandonment of all utilities necessary for the project. 35. 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: c. Show location of all existing utilities within the new and existing public right of way. d. 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. Place all new utility equipment, boxes, covers, poles serving the development, in Lot “A” (Common Area). e. Removal of existing street section to crown of Elam Avenue roadway. f. Installation of City approved street trees and irrigation at 30 feet on center. Park strip ground cover shall be no mow (fine fescue and hair grass Deschampsia) turf. g. Installation of City standard curb, gutter, 5ft park strip and 4ft-6in sidewalk and an ADA compliant driveway approach per Detail D-16.1, Multi-Residential Driveway. h. Installation of engineered structural pavement section to centerline, as required by the City Engineer. i. Installation of asphalt concrete overlay per street pavement restoration plan for utility installation and/or abandonment, as required by the City Engineer. j. A Type 15 Caltrans (LED) Street Light to be installed along the Elam Avenue frontage (a photometric plan will be required at the time of construction plan review to determine exact location of the street light). Exhibit A - Conditions of Approval Tentative Subdivision Map Page 8 of 9 k. Installation of streetlights, conduits, conductors and related facilities in accordance with the City of Campbell’s Street Lighting Policies. l. Installation of traffic control, stripes and signs. m. Construction of conforms to existing public and private improvements, as necessary. n. Submit final plans in a digital format acceptable to the City. 36. 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. 37. 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. 38. 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. 39. 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. 40. Other Design Comments that will be required during the full design process: o. This project is not a C.3 Regulated project because the applicant is proposing to reduce the impervious surfaces by installing permeable pavers and has demonstrated that the total impervious areas are less than 10,000 square feet. The type of permeable pavers used must meet the C.3 Stormwater Handbook Design Guidelines by SCVURPPP, Santa Clara Valley Urban Runoff Pollution Prevention Program. p. The applicant must provide observation well(s) to help facilitate periodic inspections on the installation of permeable pavers. The observation well(s) will be required to be installed in or outside the permeable pavement area. The observation well(s) should be located at the lowest elevation. q. The City has reservations on the proposal of the overall design of the driveway Exhibit A - Conditions of Approval Tentative Subdivision Map Page 9 of 9 (site design measure to reduce impervious surfaces on the project) and therefore will review this mixed material method of pervious and non-pervious sections in depth at the time of project submittal. The civil engineer will be required to provide more information on how this system will work in unison and demonstrate that it meets the C.3 intent, and provide a maintenance plan relating to this design. r. The City will not allow a connection to the back of the public storm drain inlet from an on-site junction box as shown on the plans. A connection will be required to the public storm main system. During construction design review, a profile detail will also be required. Connection to the City’s Storm Drain systems requires minimum 12” RCP pipe from an on-site junction box to the storm drain main system. Add a note identifying this lateral connection is privately owned and therefore maintenance is part of the HOA. A storm drain manhole in the public right of way will be required at interception. The profile information must have the existing storm manhole inverts. s. Parking areas adjacent to the buildings and foundation areas shall not be made of pervious pavement. Replace any pervious areas with impervious material and drain away from the buildings. Pervious areas adjacent to all buildings shall slope away at 5% for at least 10-ft. t. Impervious areas in the drive isle may need to be reduced to offset the replaced permeable pavement in the parking areas. u. Water meter BFPs, underground transformers/vaults (no above ground) must be placed on private property; the location should be coordinated between the Fire Dept. and the Planning Dept. v. The City will allow for the current stormwater design scenario to connect to the City Storm Drain System; however a soils report should include tests showing infiltration rates so that if the soils are good, the City will require redesign to infiltrate into the soil instead. w. All topsoil adjacent to the permeable pavers must be below the flush curb (minimum 6’’) so that top soil does not sheet flow over into the permeable pavers. x. All perimeter walls acting as a retainer shall be made using masonry or concrete.