Loading...
PC Res 4655RESOLUTION NO. 4655 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A SITE AND ARCHITECTURAL REVIEW PERMIT TO ALLOW CONSTRUCTION OF A 7-UNIT TOWNHOME BUILDING WITH ASSOCIATED SITE, LIGHTING, PARKING, AND LANDSCAPING IMPROVEMENTS; A TENTATIVE SUBDIVISION MAP TO ALLOW CREATION OF 7 PRIVATE LOTS AND ONE COMMON LOT; AND A DENSITY BONUS REQUEST TO ALLOW FOR WAIVER AND/OR REDUCTION TO THE DEVELOPMENT STANDARDS APPLICABLE TO THE R-3 ZONING DISTRICT THAT WOULD PHYSICALLY PRECLUDE CONSTRUCTION OF THE PROJECT, A CONCESSION TO ELIMINATE THE FRONTAGE UTILITY UNDERGROUNDING REQUIREMENT, USE OF THE MAXIMUM VEHICULAR PARKING RATIO, AND PROVISION OF ONE (1) TOWNHOUSE UNIT THAT WILL BE RESTRICTED FOR SALE TO A MODERATE-INCOME HOUSEHOLD, FOR PROPERTY LOCATED AT 523 UNION AVENUE; AND A TREE REMOVAL PERMIT TO ALLOW REMOVAL OF AN 18-INCH (DBH) COAST LIVE OAK TREE STRADDLING THE PROPERTY LINE WITH 805 E. MCGLINCY LANE. FILE NO.: PLN-2022-177 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 approval of Site and Architectural Review Permit with a Density Bonus, Tentative Subdivision Map, and Tree Removal Permit: Environmental Finding(s) 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. 2. There are currently no rare, threatened, endangered or sensitive animals, plants, or natural communities within City limits according to City of Campbell General Plan and California Department of Fish and Wildlife Natural Diversity Database. 3. The Project Site is not a wetland or otherwise known to serve as a habitat for endangered, threatened or species and is in located within a very urbanized environment which is not likely to have an unrecorded species. Planning Commission Resolution No. 4655 Page 2 of 6 PLN-2022-177 – Site and Architectural Review Permit w/a Density Bonus 523 Union Avenue Evidentiary Findings 1. The Proposed Project is an application (PLN-2021-177) for a Site and Architectural Review Permit with a Density Bonus, Tentative Subdivision Map, and Tree Removal Permit to allow construction of a 7-unit townhome development with associated site, parking, and landscaping improvements; creation of 7 private lots and one common lot; and removal of an 18-inch (DBH) Coast Live Oak tree straddling the rear property line. The project will provide one (1) townhouse unit that will be restricted for sale to a moderate-income household pursuant to State Density Bonus law, as to allow for waiver and/or reduction to the development standards applicable to the R-3 Zoning District that would physically preclude construction of the project; a concession to eliminate the frontage utility undergrounding requirement; and use of the maximum vehicular parking ratio. 2. The Project Site is an approximately 11,000 square-foot (net) parcel (13,301 gross square-feet) located on Union Avenue, north of McGlincy Lane, and is borders industrial uses to south and west, and two apartment buildings to the north located along West Valley Drive. 3. The Project Site is designated High Density Residential (21-27 units/gr. acre) and zoned R-3 (Professional Office), as shown on the Campbell General Plan and Zoning Maps, respectively. 4. The Project Site is currently developed with a single-family residence constructed circa 1952 that would be demolished with the project. The submitted Project Description and Affordable Housing Plan, incorporated herein by reference, stipulates that the residence is not subject to a recorded affordable housing covenant or previously occupied by a lower or very low-income household. 5. The Proposed Project's seven units would result in a density of 23 units/gr. acre (7 units ÷ .305 acres), consistent with the density range of the High Density Residential (21-27 units/gr. acre) designation. Although seven units exceeds the allowable five units otherwise specified by CMC Sec. 21.08.070.E., Table 2-7 (General Development Standards – R-3 Zoning District), pursuant to California Government Code § 65589.5, in cases where the general plan and zoning ordinance do not match, a project is only required to comply with the general plan. 6. The Proposed Project includes a request for a Density Bonus as permitted by Campbell Municipal Code (CMC) Chapter 21.20 and California Government Code Sections 65915-65918 that would allow waivers to would reduce or eliminate the minimum parcel size, minimum parcel width, minimum public frontage, front/side/rear setbacks, maximum floor area ratio, maximum lot coverage, and the minimum quantity of landscaping required for projects in the R-3 (Multiple-Family Residential) Zoning District; a concession to eliminate the City's frontage undergrounding requirement to allow retention of the existing overhead utility lines as to provide provide a significant cost reduction to the project; and a use of the maximum Density Bonus parking ratio. No increased density ("bonus") is requested. Planning Commission Resolution No. 4655 Page 3 of 6 PLN-2022-177 – Site and Architectural Review Permit w/a Density Bonus 523 Union Avenue 7. As conditioned, and with applicant agreement, the requested concession to allow retention of the existing overhead utility lines is contingent upon the County Fire District no longer requiring aerial access from Union Avenue. 8. The Proposed Project is not subject to the provisions CMC Chapter 21.24 (Inclusionary Housing Ordinance) in that it has fewer than 10 housing units. 9. The Proposed Project qualifies for a density bonus in that it creates at least five additional living units (not including density bonus units), included a request for a density bonus as part of the application for the first approval of the residential project, and meets the criteria for a density bonus established in CMC Sec. 21.20.080. 10. The Proposed Project is a "housing development" under State law, which limits the City in its capability to "deny, reduce the density for, or render infeasible" the project under the Housing Accountability Act (HAA) (Government Code Section 65589.5) unless: 1) the proposal is found to be in violation of an objective general plan/zoning standard (other than those waived/reduced through use of the Density Bonus law); or 2) the project will result in a specific adverse impact to public health and safety. 11. The Proposed Project includes a traditional architectural approach that incorporates a predominate hipped roof running the course of the building, broken-up by small-hipped elements that form a covered roof for each unit's balcony. The building would be clad in Hardie textured panels painted in grey and white, with brown window frames, doors, and accent features. 12. There are no design guidelines or standards applicable to the Proposed Project. 13. Based on trip generation values provided by the Institute of Transportation Engineers (ITE) Trip Generation Manual, the Proposed Project would result in less than 100 new AM or PM trips, therefore not requiring preparation of a traffic impact analysis pursuant to the Congestion Management Program, as specified by the VTA Transportation Impact Analysis (TIA) Guidelines. 14. 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, open space, and landscaping. 15. 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 formalizing the operational responsibilities of the HOA. 16. The Proposed Project requires removal of a tree that nearly straddles the rear property line and heavily encroaches into the project site. The townhome structure would be located just 5-feet away from the tree trunk and well within its critical root zone such that it would not likely survive construction. As such, its retention would limit the economic viability of the project by hindering its construction feasibility. The proposed replacement trees will be a sufficient replacement for the tree to be removed and will continue the diversity of tree species found in the community. Planning Commission Resolution No. 4655 Page 4 of 6 PLN-2022-177 – Site and Architectural Review Permit w/a Density Bonus 523 Union Avenue 17. The Proposed Project would be consistent with the following General Plan policies and strategies: Policy LUT-5.1: Neighborhood Integrity: Recognize that the City is composed of residential, industrial and commercial neighborhoods, each with its own individual character; and allow change consistent with reinforcing positive neighborhood values, while protecting the integrity of the city’s neighborhoods. Policy LUT-5.2: Residential Neighborhoods: Maintain safe, attractive, pedestrian friendly residential neighborhoods with identifiable centers and consistent development patterns and a range of public and private services. 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-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. 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. Strategy LUT-12.1c: Parking Lot Design: Design parking lots to minimize impacts on the street system by providing adequate sized driveways, sufficient queuing and efficient circulation. 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. 18. 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). 19. In review of the Proposed Project, the Planning Commission considered traffic safety, traffic congestion, site circulation, adequacy of landscaping, and the appropriateness of proposed structures and site layout, pursuant to Campbell Municipal Code Sec. 21.42.040 (Considerations in review of applications). 20. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. 21. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. Planning Commission Resolution No. 4655 Page 5 of 6 PLN-2022-177 – Site and Architectural Review Permit w/a Density Bonus 523 Union Avenue 22. 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, the Planning Commission further finds and concludes that: Site and Architectural Review Permit Finding (CMC Sec. 21.42.060.B): 1. The project will be consistent with the general plan; 2. The project will aid in the harmonious development of the immediate area; 3. The project is consistent with applicable adopted design guidelines, development agreement, overlay district, area plan, neighborhood plan, and specific plan(s); Density Bonus Findings (CMC Sec. 21.20.140.2): 4. 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; 5. The requested 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; 6. The applicant has shown that the waivers and/or modifications are necessary to make the housing units economically feasible by providing appropriate financial analysis and documentation as described in Section 21.20.110(5), and that the development standards will have the effect of precluding the construction of the residential project at the densities or with the incentives or concessions permitted by this section; Tentative Subdivision Map Findings (Govt. Code § 66410 et seq.): 7. The proposed map is consistent with applicable general and specific plans as specified in Section 65451; 8. The design or improvement of the proposed subdivision is consistent with applicable general and specific plans; 9. The site is physically suitable for the type of development; 10. The site is physically suitable for the proposed density of development; 11. The design of the subdivision or the propose improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat; Planning Commission Resolution No. 4655 Page 6 of 6 PLN-2022-177 – Site and Architectural Review Permit w/a Density Bonus 523 Union Avenue 12. The design of the subdivision or the type of improvements will not cause serious public health problems; 13. 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; Tree Removal Permit Finding(s) (CMC Sec. 21.32.080.A): 14. Economic enjoyment and hardship. The retention of the tree(s) restricts the economic enjoyment of the property or creates an unusual hardship for the property owner by severely limiting the use of the property in a manner not typically experienced by owners of similarly zoned and situated properties, and the applicant has demonstrated to the satisfaction of the approval authority that there are no reasonable alternatives to preserve the tree(s); Environmental Findings (CMC Sec. 21.38.050): 15. The project is Categorically Exempt under Section 15332 of the California Environmental Quality Act (CEQA), pertaining to In-Fill Development Projects; and 16. 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 Site and Architectural Review Permit with a Density Bonus, and a Tentative Subdivision Map, to allow construction of a 7-unit townhome development and creation of 7 private lots and one common lot, on property located at 523 Union Avenue; and a Tree Removal Permit to allow removal of an 18-inch (DBH) Coast Live Oak tree straddling the property line with 805 E. McGlincy Lane; and finding that the project is Categorically Exempt under Section 15332 of the California Environmental Quality Act (CEQA), pertaining to In-Fill Development Projects, subject to the attached Conditions of Approval (attached Exhibit A). PASSED AND ADOPTED this 13th day of September, 2022, by the following roll call vote: AYES: Commissioners: Fields, Ching, Buchbinder, Kamkar, Krey, Zisser NOES: Commissioners: ABSENT: Commissioners: Ostrowski ABSTAIN: Commissioners: APPROVED: Stuart Ching, Chair ATTEST: Rob Eastwood, Secretary Stuart Ching (Apr 17, 2023 20:54 PDT) EXHIBIT B CONDITIONS OF APPROVAL PLN-2022-177 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 Site and Architectural Review Permit with a Density Bonus, and a Tentative Subdivision Map, to allow construction of a 7-unit townhome development and creation of 7 private lots and one common lot, on property located at 523 Union Avenue; and a Tree Removal Permit to allow removal of an 18-inch (DBH) Coast Live Oak tree straddling the property line with 805 E. McGlincy Lane. The Approved Project shall substantially conform to the Approved Project Plans and Project Description and Affordable Housing Plan, included as Attachment No. 2 and No. 4, respectively, in the September 13, 2022, Planning Commission Staff Report, except as may be modified by conditions of approval contained herein. 2. Permit Expiration: Approval of the Site and Architectural Review Permit with a Density Bonus, a Tentative Subdivision Map, and a Tree Removal Permit (heron "Approval") shall be valid for two (2) years from the effective date of Planning Commission action (expiring September 23, 2024). Within this two-year period the Tract Map ("final map") must be approved by the City Council and recorded with the Santa Clara County Clerk-Recorder, and a building permit must be issued. Failure to meet this deadline or expiration of an issued building permit will result in the Approval being rendered void. 3. Perpetual Development Standards: Should this Approval expire due to failure to secure issuance of a building permit (or expiration of an issued building permit) after the Tract Map has been recorded, any future development shall substantially comply with the Approved Project Plans, which shall constitute the objective design standards for the recorded subdivision. 4. Density Bonus Concession: The requested concession to allow the existing overhead utility lines to remain is contingent upon the County Fire District no longer requiring aerial access from Union Avenue. If the Fire District continues to require aerial access, the project shall be required to replace the existing overhead transmission lines across the property’s frontage with underground service. 5. Traffic Safety: The construction plans submitted for a building permit shall reflect traffic safety features (e.g., speed-hump, signage, lighting, etc.) as determined by the Community Development Director. Exhibit A – Conditions of Approval ~ 523 Union Avenue Page 2 PLN-2022-177 – S/A Review Permit w/Density Bonus and Tentative Map 6. Planning Final Required: Planning Division clearance is required prior to Building Permit final. Construction not in substantial compliance with the Approved Project Plans shall not be pass inspection without prior authorization of the necessary approving body (i.e., Planning Commission or Community Development Director). 7. 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. 8. Minor Revisions: Architectural refinements and other minor revisions to the Approved Project Plans, including those that may be necessary to satisfy the Fire District requirements pertaining to aerial access referenced in Condition of Approval No. 4, may be administratively approved by the Community Development Director pursuant to CMC Sec. 21.56.060. 9. 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. The transformer shall be screened with landscaping and/or artistically painted. 10. Signage: All signage shall require separate approval of a Sign Permit in compliance with Campbell Municipal Code (CMC) 21.30.080.A. 11. Timing of Tree Removal: Protected tree(s) shall be removed only in conjunction with demolition of existing on-site structures upon issuance of a Demolition Permit. 12. 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. 6 as the one (1) Density Bonus "target unit,” for the Approved Project, consistent with the Project Description and Affordable Housing Plan referenced in Condition of Approval No. 1. Only the Planning Commission may modify the Density Bonus "Target Unit" selection through a modification of this Condition of Approval. b. The one (1) Density Bonus "target unit" shall be constructed with two 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 one (1) Density Bonus "target unit" shall be offered for sale at an ownership cost affordable to a moderate-income income household. d. An Equity Sharing Agreement and/or other similar document, to the satisfaction of the Community Development Director, shall be required for the Density Bonus Exhibit A – Conditions of Approval ~ 523 Union Avenue Page 3 PLN-2022-177 – S/A Review Permit w/Density Bonus and Tentative Map "target unit" 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. The Agreement shall be executed and recorded prior to recordation of the Tract Map. f. The owner(s) and resident(s) of the Density Bonus "target unit" shall have the same access to project amenities and recreational facilities as market-rate units. g. The Density Bonus "target unit" 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 the "target unit" and market-rate 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. h. 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. i. 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/Assembly-Bill-AB-1483 j. 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 k. The Housing Agreement shall be approved by the Community Development Director and shall be recorded in the Official Records of Santa Clara County. l. The applicant shall renumerate the City for the actual cost to prepare the Housing Agreement. 13. 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. Exhibit A – Conditions of Approval ~ 523 Union Avenue Page 4 PLN-2022-177 – S/A Review Permit w/Density Bonus and Tentative Map 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 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. 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 prescribed by the engineer of record. l. 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 prohibit vehicle washing, and vehicle repair and maintenance activities in the project site, including, but not limited to garages and common parking areas. o. Provision guaranteeing equal access to all common facilities and amenities by all residents (renters and homeowners) of the project. 14. Landscaping: This project is subject to the updated California Model Water Efficient Landscape Ordinance (MWELO). This document is available at: http://www.cityofcampbell.com/DocumentCenter/View/176. The building permit application submittal shall demonstrate compliance with the applicable MWELO and landscaping requirements and the City's Streetscape Standards, and shall include the following: 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. Exhibit A – Conditions of Approval ~ 523 Union Avenue Page 5 PLN-2022-177 – S/A Review Permit w/Density Bonus and Tentative Map 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. Landscaping indicated on the plans must be installed prior to final inspection. Changes to the landscaping plan require Planning approval.” 15. Construction Activities: The applicant shall abide by the following requirements during construction: A. General City Requirements: Construction activity shall comply with these general City construction requirements: a. 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 the issuance of building permits. b. Construction activities shall be limited to weekdays between 8:00 a.m. and 5:00 p.m. and Saturdays between 9:00 a.m. and 4:00 p.m. No construction shall take place on Sundays or holidays unless an exception is granted by the Building Official. c. All construction equipment with internal combustion engines used on the project site shall be properly muffled and maintained in good working condition. d. Unnecessary idling of internal combustion engines shall be strictly prohibited. e. All stationary noise-generating construction equipment, such as air compressors and portable power generators, shall be located as far as possible from noise-sensitive receptors such as existing residences and businesses. B. Noise Attenuation Measures: Due to the proximity of adjacent residences, the following noise attenuation measures shall be implemented: a. All construction equipment shall be properly maintained in good working order. Exhibit A – Conditions of Approval ~ 523 Union Avenue Page 6 PLN-2022-177 – S/A Review Permit w/Density Bonus and Tentative Map b. Prior to construction activities, designate a “Construction Noise Coordinator” who would be responsible for responding to any local complaints about construction noise. The Construction Noise Coordinator shall determine the cause of the complaint and shall require that reasonable measures warranted to correct the problem be implemented (potentially including temporary noise barriers). The telephone number for the Construction Noise Coordinator shall be conspicuously posted at the construction site. c. The construction contractor shall provide, at least three weeks prior to the start of construction activities, written notification to all nearby residential units within 200 feet of the construction site informing them of the estimated start date and duration of construction activities. d. Locate temporary generators and air compressors (if utilized) as far away from sensitive noise receptors as necessary to reduce noise. C. BAAQMD Required Fugitive Dust Control Measures: The applicant shall require their construction contractors to reduce construction-related fugitive dust by implementing BAAQMD’s basic control measures at all construction and staging areas, including: a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. b. All haul trucks transporting soil, sand, or other loose material off site shall be covered. c. 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. d. All vehicle speeds on unpaved roads shall be limited to 15 miles per hour. e. All roadways, 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. f. 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 with 48 hours. The Air District’s phone number shall also be visible to ensure compliance with applicable regulations. D. BAAQMD Required Basic Exhaust Emissions Reduction Measures. The applicant shall require their construction contractors to implement the following measures during construction to reduce exhaust emissions: a. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations). Clear signage shall be provided for construction workers at all access points. b. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be Exhibit A – Conditions of Approval ~ 523 Union Avenue Page 7 PLN-2022-177 – S/A Review Permit w/Density Bonus and Tentative Map checked by a certified mechanic and determined to be running in proper condition prior to operation. 16. On-Site Lighting: On-site lighting shall be shielded away from adjacent properties and directed on-site. The final 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 for compliance with the City of Campbell Lighting Design Standards (CMC Sec. 21.18.090) and shall not exceed one (1) footcandle at property line, as demonstrated by a photometric plan. Lighting fixtures shall be of a decorative design to be compatible with the residential development and shall incorporate energy saving features. Building Division 17. Permit Required: A building permit application shall be required for the proposed project. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 18. Conditions of Approval: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 19. Construction Fencing: The property 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 in compliance with the Standards for Tree Protection During Construction. PUBLIC WORKS DEPARTMENT 20. 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 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/DocumentCenter/View/16594 c. Street / Easement Dedication: The street / easement dedication documents required for this project shall be submitted for review by the City Surveyor as detailed here: https://www.campbellca.gov/DocumentCenter/View/430 21. 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, pay the current fees/deposits and submit the map in a digital format acceptable to the City. Upon Exhibit A – Conditions of Approval ~ 523 Union Avenue Page 8 PLN-2022-177 – S/A Review Permit w/Density Bonus and Tentative Map approval by the City Council, the applicant will be responsible for having their Title Company record the approved map. 22. Preliminary Title Report: Upon submittal of the Street Dedication documents, the applicant shall provide a current (within the past 6 months) Preliminary Title Report. 23. Public Service Easements: Upon recordation of the Final Map, the applicant shall grant a five foot public service easement on private property contiguous with the public right-of way along the Union 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. 24. Private Easements: Upon recordation of the Final Map, the applicant shall cause private easements to be recorded for private utilities, private storm drainage, reciprocal ingress and egress, emergency vehicles, etc. 25. 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. 26. 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 seven (7) new dwelling units based on the Single-family rate, less credit for one (1) existing single-family dwelling at the Single- family rate. The fee in effect at the time of payment, as established by the City's Schedule of Fees, shall be the fee due. The fee shall be due to prior to recordation of the Final Map. 27. Demolition: Prior to recording of the Final Map the applicant shall obtain a demolition permit and remove any nonconforming structures. 28. Soils Report: Upon submittal of the Final Map, applicant shall provide a soils report prepared by a registered geotechnical or civil engineer. 29. 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. Exhibit A – Conditions of Approval ~ 523 Union Avenue Page 9 PLN-2022-177 – S/A Review Permit w/Density Bonus and Tentative Map 30. Storm Drain Area Fee: Prior to recordation of the Final Map, the applicant shall pay the required Storm Drain Area fee, currently set at $2,385.00 per net acre, which is $598.64. 31. 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. 32. 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. 33. 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. 34. Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant shall submit a utility coordination plan and schedule for approval by the City Engineer for installation and/or abandonment of all utilities. The plan shall clearly show the location and size of all existing utilities and the associated main lines; indicate which utilities and services are to remain; which utilities and services are to be abandoned, and where new utilities and services will be installed. Joint trenches for new utilities shall be used whenever possible. 35. Pavement Restoration: The applicant shall restore the pavement in compliance with City standard requirements. In the event that the roadway has recently received a pavement treatment or reconstruction, the project will be subject to the City’s Street Cut Moratorium. The applicant will be required to perform enhanced pavement restoration consistent with the restoration requirements associated with the Street Cut Moratorium. The City’s Pavement Maintenance Program website (https://www.ci.campbell.ca.us/219) has detailed information on the streets currently under moratorium and the enhanced restoration requirements. 36. Street Improvement Agreements / Plans / Encroachment Permit / Fees / Deposits: Prior to issuance of any grading or building permits for the site, the applicant shall Exhibit A – Conditions of Approval ~ 523 Union Avenue Page 10 PLN-2022-177 – S/A Review Permit w/Density Bonus and Tentative Map 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 approaches and all existing curb, gutter and sidewalk. d. Installation of City approved street trees, tree wells and irrigation at 30 feet on center. e. Installation of City standard curb, gutter, sidewalk and an ADA compliant driveway approach. f. Installation of a City standard storm drain manhole and lateral. Maintenance of new storm drain lateral will be the responsibility of the HOA. g. Installation of asphalt concrete overlay on Union Avenue as required by the City Engineer. h. Installation of streetlights, conduits, conductors and related facilities in accordance with the City of Campbell’s Street Lighting Policies. i. Installation of traffic control, stripes and signs. j. Construction of conforms to existing public and private improvements, as necessary. k. Submit final plans in a digital format acceptable to the City. 37. 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. 38. Maintenance of Landscaping: Owner(s), current and future, are required to maintain the landscaped park strip 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. 39. 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. Exhibit A – Conditions of Approval ~ 523 Union Avenue Page 11 PLN-2022-177 – S/A Review Permit w/Density Bonus and Tentative Map 40. 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. FIRE DEPARTMENT 41. Fire Sprinklers Required: (As Noted on Sheet A000) Approved automatic sprinkler systems in new and existing buildings and structures shall be provided in the locations described in this Section or in Sections 903.2.1 through 903.2.18 whichever is the more restrictive. For the purposes of this section, firewalls used to separate building areas shall be constructed in accordance with the California Building Code and shall be without openings or penetrations. In other than residential buildings which require the installation of fire sprinklers for all new buildings according to the California Residential Code, an automatic sprinkler system shall be provided throughout all new buildings and structures. Exceptions: a) Buildings and structures that do not exceed 1,000 SF of building area. b) Group S-2 or U occupancies used exclusively for vehicle parking and meeting all of the following conditions: i) Noncombustible construction ii) Maximum building area not to exceed 5,000 SF. Iii) Structure is open on three or more sides. Iv) Minimum of 10 feet separation from existing buildings unless area is separated by fire walls complying with CBC 706. 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 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. CFC Sec. 903.2 as adopted and amended by CBLMC. 42. Fire Alarm Requirements: (As Noted on Sheet A000) Required fire alarm system shall be designed and installed as required in the currently adopted edition of CFC Sec, 907, as adopted and amended by the CBLMC and referenced codes and Standards, including, but not limited to, NFPA 72. 43. Ground Ladder Access: (As Noted on Sheet A006) Ground-ladder rescue from second and third floor rooms with egress windows, shall be made possible for fire department operations. With the climbing angle of seventy-five degrees maintained, an approximate walkway width along either side of the building shall be no less than seven feet clear. Landscaping shall not be allowed to interfere with the required access. [CFC Sec. 503 and 1030]. 44. Required Aerial Access: (As Noted on Sheet A006) 1. Where required: Buildings or portions of buildings or facilities exceeding 30 feet (9144 mm) in height above the lowest level of fire department vehicle access shall be provided with approved fire apparatus access roads capable of accommodating fire department aerial apparatus. Overhead utility and power lines shall not be located within the aerial fire apparatus access roadway. 2. Width: Fire apparatus access roads shall have a minimum unobstructed width of 26 feet (7925) in the immediate vicinity of any building or portion Exhibit A – Conditions of Approval ~ 523 Union Avenue Page 12 PLN-2022-177 – S/A Review Permit w/Density Bonus and Tentative Map of building more than 30 feet (9144 mm) in height. 3. Proximity to building: At least one of the required access routes meeting this condition shall be located within a minimum of 15 feet (4572) and a maximum of 30 feet (9144mm) from the building, and shall be positioned parallel to one entire side of the building, as approved by the fire code official. SCCFD SD&S A-1. 45. Buildings and Facilities Access: Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or with the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. [CFC, Section 503.1.1]. 46. Required Fire Flow: (As Noted on Sheet A000.1) The fire flow for this project is 1500 GPM at 20 psi residual pressure since an automatic fire sprinkler system is being installed. Note: The minimum required number and spacing of the hydrants shall be in accordance with CFC Table C102.1. 47. 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) 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. 48. Water Supply Requirements: 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). 2019 CFC Sec. 903.3.5 and Health and Safety Code 13114.7. 49. Construction Site Fire Safety: All construction sites must comply with applicable provisions of our Standard Detail and Specification SI-7 and Chapter 33 of the currently adopted edition of the California Fire Code. This must be submitted to, and approved by this office prior to commencing and demolition/construction activities. Resol 4655 - 523 Union Ave. - new Final Audit Report 2023-04-18 Created:2023-03-30 By:Selina Perez Aquino (selinap@campbellca.gov) Status:Signed Transaction ID:CBJCHBCAABAAti4seevo-REewfQ6qZPfWrZYvGyOARpr "Resol 4655 - 523 Union Ave. - new" History Document created by Selina Perez Aquino (selinap@campbellca.gov) 2023-03-30 - 10:47:05 PM GMT Document emailed to Rob Eastwood (robe@campbellca.gov) for signature 2023-03-30 - 10:47:29 PM GMT Email viewed by Rob Eastwood (robe@campbellca.gov) 2023-04-13 - 7:13:40 PM GMT Document e-signed by Rob Eastwood (robe@campbellca.gov) Signature Date: 2023-04-13 - 7:46:36 PM GMT - Time Source: server Document emailed to sching19@gmail.com for signature 2023-04-13 - 7:46:37 PM GMT Email viewed by sching19@gmail.com 2023-04-18 - 3:53:19 AM GMT Signer sching19@gmail.com entered name at signing as Stuart Ching 2023-04-18 - 3:54:14 AM GMT Document e-signed by Stuart Ching (sching19@gmail.com) Signature Date: 2023-04-18 - 3:54:16 AM GMT - Time Source: server Agreement completed. 2023-04-18 - 3:54:16 AM GMT Names and email addresses are entered into the Acrobat Sign service by Acrobat Sign users and are unverified unless otherwise noted.