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PC Res 4702RESOLUTION NO. 4702 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING ADOPTION OF A MITIGATED NEGATIVE DECLARATION AND APPROVAL OF A PLANNED DEVELOPMENT PERMIT, TENTATIVE SUBDIVISION MAP, DENSITY BONUS REQUEST, AND TREE REMOVAL PERMIT TO ALLOW THE CONSTRUCTION OF A RESIDENTIAL PLANNED DEVELOPMENT INCLUDING 25 TOWNHOMES WITH 12 JUNIOR ACCESSORY DWELLING UNITS (JADUS) AND ONE 10-UNIT APARTMENT BUILDING, THE CREATION OF 26 PRIVATE LOTS AND 7 COMMON LOTS (33 NEW LOTS), WITH USE OF A 35% DENSITY BONUS (10 ADDITIONAL UNITS) AND WAIVERS FROM THE ZONING CODE AND EAST CAMPBELL AVENUE MASTER PLAN, AND REMOVAL OF FIVE (5) TREES, ON PROPERTY LOCATED AT 57-101 GILMAN AVENUE AND 60 DILLON AVENUE. FILE NO.: PLN-2023-125 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 regarding the recommended approval of a Planned Development Permit, Tentative Subdivision Map, Density Bonus Request, and Tree Removal Permit: 1. The Proposed Project is an application for a Planned Development Permit, Tentative Subdivision Map, Density Bonus Request, and Tree Removal Permit to allow construction of a residential planned development including 25 townhomes with 12 junior accessory dwelling units (JADUs) and one 10-unit apartment building, the creation of 26 private lots and 7 common lots (33 new lots), with use of a 35% density bonus (10 additional units) and multiple waivers, and removal of five (5) trees. 2. The Project Site is an approximately 1.15 (gross) acre assemblage of six adjacent parcels located southwest of the Gilman Avenue/East Campbell Avenue intersection, and is currently developed with two vacant single-family residences and a variety of commercial and light industrial uses that will be demolished. 3. The Proposed Project was submitted under an SB-330 preliminary application filed in compliance with Government Code § 65941.1 on March 20, 2023, predating the June 2, 2023, implementation date of the new General Plan, revised Zoning Code, and Multi- Family Development and Design Standards (MFDDS). 4. Due to the aforementioned preliminary application, the application is not subject to any objective design standards nor any zoning district specific development standards. 5. The Project Site was designated at the time of pre-application submittal as Central Commercial (60 Dillon Avenue) and Commercial/Medium Density Residential (Remaining Parcels) and zoned P-D (Planned Development), as shown on the Planning Commission Resolution No. 469_ Page 2 of 9 PLN-2023-125 – P-D Permit, Tentative Map, Density Bonus Request, & Tree Removal Permit 57 – 101 Gilman Avenue & 60 Dillon Avenue former Campbell General Plan and Zoning Maps, respectively. 6. The Project site at the time of pre-application was subject to the East Campbell Avenue Master Plan (60 Dillon Avenue) and the South of Campbell Avenue (SOCA) Plan (remaining parcels). 7. The allowable conforming unit count for the Proposed Project is 25 units (25.894 units, rounded down per CMC Sec. 21.02.020.D), calculated by adding the allowable unit count for the 60 Dillon Avenue parcel located within the East Campbell Avenue Master Plan (0.242 gr. acres × 27 units/gr. acre = 6.534 units) and the remaining parcels within the South of Campbell Avenue (SOCA) Plan (1.2103 gr. acres × 16 units.gr. acre = 19.36 units) together. The allowable density range for the SOCA Plan is based on the Sub-Area 3 density table, where the net lot area of the SOCA parcels is 41,328 square-feet, which is within the allowable 12-16 units/gr. acre density range for projects with a net lot size equal to a greater than ½ acre but less than one acre. 8. With 25 conforming units, the Proposed Project's 15% Inclusionary Housing obligation is 4 units (3.75 units, rounded up per CMC Sec. 21.24.040.A). Consistent with the conforming unit count distribution of 40% of rental units (10 units ÷ 25 total units) and 60% of for-sale units (15 units ÷ 25 units), the proportional distribution of BMR is two (2) rental units (4 units × 40% = 1.66 units = 2 units) and two (2) for-sale units (4 units × 60% = 2.4 units = 2 units). Consistent with the distribution requirements for inclusionary units provided in CMC Sec. 21.24.040.D and 21.24.040.E, one (1) Very-Low-Income rental unit, one (1) Low-Income rental unit, one (1) Low-Income for-sale unit, and one (1) Moderate-Income for-sale unit shall be required. 9. The Proposed Project includes provision of two (2) Very-Low-Income rental units, one (1) Moderate for-sale unit, and one (1) Very-Low-Income for-sale unit, satisfying the aforementioned 15% Inclusionary Housing requirement. Further, the three (3) Very-Low-Income units also constitute the "target" units for the requested Density Bonus. Specifically, the three (3) "target" units equal 12% (11.5% rounded up) of the 26 allowable "base" units (25.894 units rounded up). Provision of 12% of Very-Low- Income "target" units qualifies the Proposed Project for a 38.75% density bonus allowing for eleven (11) "density" bonus units (26 "base" units x 38.75%, rounded up). The eleven (11) "bonus" units are permitted in addition to the otherwise allowable 25 "conforming" units (25.894 units, rounded down per CMC Sec. 21.02.020.D) for a total allowable unit count of 36 units. The Proposed Project includes ten (10) "bonus" units for a total unit count of 35 units, exercising only a 35% density bonus (26 "base units" units x 35%, rounded up). The Proposed Project is therefore consistent with the requested Density Bonus. 10. The Proposed Project's 35 units would result in a density of 24 units/gr. acre (35 units ÷ 1.452 gr. acre), consistent with the density range of the applicable Central Commercial (60 Dillon Avenue) and Commercial/Medium Density Residential (Remaining Parcels) designations, with the requested Density Bonus. Planning Commission Resolution No. 469_ Page 3 of 9 PLN-2023-125 – P-D Permit, Tentative Map, Density Bonus Request, & Tree Removal Permit 57 – 101 Gilman Avenue & 60 Dillon Avenue 11. The Proposed Project includes provision for interior junior accessory dwelling units, fulfilling the City's accessory dwelling unit (ADU) "Development Policy" (CMC Section 21.23.090) that requires twenty percent (20%) percent of new dwellings within a residential subdivision with five or more parcels to be designed to allow for future creation of an accessory dwelling unit, or alternatively, include an accessory dwelling unit. 12. Junior accessory dwelling units are not considered dwelling units for purposes of residential density or the Inclusionary Housing Ordinance pursuant to former CMC Section 21.04.020, Table 2-1, Note (1), and Section 21.24.030 – Definition of "Residential Project," respectively. 13. The proposed Planned Development Permit would be adopted by City Council ordinance as also required by former CMC Section 21.12.030.H.10.c(1), because the project consists of the construction of more than twenty thousand square feet of gross floor area. 14. The Proposed Project is a "housing development project" 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. 15. The Proposed Project would be consistent with the following General Plan policies and strategies: • Strategy LUT-3.1c: High Density Residential: Allow higher residential densities in the North of Campbell Area (NOCA), South of Campbell Area (SOCA), and areas near the Light Rail stations as an incentive to redevelop older, less intensive uses. • 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. • 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-9.3d: Building Design: Design buildings to revitalize streets Planning Commission Resolution No. 469_ Page 4 of 9 PLN-2023-125 – P-D Permit, Tentative Map, Density Bonus Request, & Tree Removal Permit 57 – 101 Gilman Avenue & 60 Dillon Avenue and public spaces by orienting the building to the street, including human scale details and massing that engages the pedestrian. • 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-9.3f: Development Orientation: Orient new development toward public and private amenities or open space, • Policy LUT-10.1: Landscaping: Encourage the retention and planting of landscaping to enhance the natural and built environment. • Policy LUT-10.2: Roadway Landscaping: Landscape public roadways to define the character of districts and neighborhoods. • Policy LUT-16.1: Land Use: Allow commercial, industrial and / or residential land uses in accordance with the adopted plan for each SOCA subarea. • Policy CNR-4.1: Tree Planting: Plant additional trees to maintain and enhance the City’s suburban forest. • Policy CNR-11.2: Effects of Development on Air Quality: Use the City’s development review process and the California Environmental Quality Act to evaluate and mitigate the local and cumulative effects of new development on air quality. • Policy H-3.1: Inclusionary Housing: Support the development of additional affordable housing by nonprofit and for-profit developers through financial assistance and/or regulatory incentives. Ensure that new residential development in Campbell integrates units affordable to lower- and moderate- income households or contributes funds to support affordable housing activities (when funding is available). Create additional levels of affordability within the Inclusionary Housing Ordinance in a way that does not create a governmental constraint to housing production. 16. 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. 17. 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 and satisfying the "exception to access requirement" for lots without frontage upon a public street pursuant to CMC Sec. 20.16.035. 18. The proposed Planned Development Permit 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 Planning Commission Resolution No. 469_ Page 5 of 9 PLN-2023-125 – P-D Permit, Tentative Map, Density Bonus Request, & Tree Removal Permit 57 – 101 Gilman Avenue & 60 Dillon Avenue streetlight(s). 19. The proposed Tentative 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, and street tree(s). 20. In review of the proposed project, the Planning Commission considered the site circulation, traffic congestion, and traffic safety effects of the project, including the effect of the site development plan on traffic conditions on abutting streets; the layout of the site with respect to locations and dimensions of vehicular and pedestrian entrances, exit driveways, and walkways; the arrangement and adequacy of off-street parking facilities to prevent traffic congestion; the location, arrangement, and dimensions of truck loading and unloading facilities; the circulation patterns within the boundaries of the development, and the surfacing and lighting of the off- street parking facilities. 21. The Planning Commission further considered the landscaping design of the proposed project, including the location, height, and material of fences, walls, hedges, and screen plantings to ensure harmony with adjacent development or to conceal storage areas, utility installations, and other unsightly aspects of the development; the planting of groundcover or other surfacing to prevent dust and erosion; and the preservation of existing healthy trees. 22. The Planning Commission further considered the proposed project's architectural and site layout, including the general silhouette and mass, including location on the site, elevations, and relation to natural plant coverage, all in relationship to the surrounding neighborhood; the exterior design in relation to adjoining structures in terms of area, bulk, height, openings, and breaks in the facade facing the street; and appropriateness and compatibility of the proposed uses in relation to the adjacent uses and the area as a whole. 23. 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. 24. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. 25. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. Based upon the foregoing findings of fact and in consideration of the entire administrative record, the Planning Commission further finds and concludes that: Planned Development Permit Findings (CMC Sec. 21.12.030.H.6): 1. The proposed development will clearly result in a more desirable environment and use of the land than would be possible under any other zoning district classification; Planning Commission Resolution No. 469_ Page 6 of 9 PLN-2023-125 – P-D Permit, Tentative Map, Density Bonus Request, & Tree Removal Permit 57 – 101 Gilman Avenue & 60 Dillon Avenue 2. The proposed development will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area; 3. The proposed development will not result in allowing more residential units than would be allowed by other residential zoning districts, which are consistent with the General Plan designation of the property; 4. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole; Tentative Subdivision Map Findings (Govt. Code § 66410 et seq.): 1. The proposed map is consistent with applicable general and specific plans; 2. The design or improvement of the proposed subdivision is consistent with applicable general and specific plans; 3. The site is physically suitable for the type of development; 4. The site is physically suitable for the proposed density of development; 5. The design of the subdivision or the propose improvements are not likely to 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; and 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; Tree Removal Permit Finding(s) (CMC Sec. 21.32.080.A): 1. 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); Density Bonus Finding(s) (CMC Sec. 21.20.140.2): 1. 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; Planning Commission Resolution No. 469_ Page 7 of 9 PLN-2023-125 – P-D Permit, Tentative Map, Density Bonus Request, & Tree Removal Permit 57 – 101 Gilman Avenue & 60 Dillon Avenue 2. Any requested incentive or concession will result in identifiable, financially sufficient, and actual cost reductions based upon appropriate financial analysis and documentation if required by Section 21.20.110; 3. If the density bonus is based all or in part on dedication of land, the approval body has made the findings included in Government Code Section 65915(h); 4. If the density bonus, incentive, or concession is based all or in part on the inclusion of a childcare facility, the approval body has made the finding included in Government Code Section 65915(i); 5. If the incentive or concession includes mixed use buildings or developments, the approval body has made the finding included in Section 21.20.110(4)(g); 6. If a waiver or modification is requested, the applicant has shown that the waiver or modification is 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. Environmental Findings (CMC Sec. 21.38.050): 1. The Project Site is not listed on the Hazardous Waste and Substances Sites List as set forth in Government Code Section 65962.5. 2. The Community Development Department has prepared an Initial Study and approved for circulation a Mitigated Negative Declaration for the Project in accordance with the requirements of the California Environmental Quality Act of 1970, together with state and local guidelines implementing said Act, all as amended to date (collectively "CEQA"). 3. The City of Campbell is the lead agency on the Proposed Project, and the City Council is the decision-making body, upon recommendation by the Planning Commission, that may grant approval to undertake the Proposed Project. 4. The Initial Study/Mitigated Negative Declaration represents the independent judgment and analysis of the City of Campbell as lead agency for the Project. 5. The Initial Study/Mitigated Negative Declaration concluded that implementation of the Project could result in potentially significant effects on the environment and identified mitigation measures that would reduce the significant effects to a less- than-significant level. 6. The Proposed Project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the California Department of Fish and Game Code. 7. There are no responsible agencies or trustee agencies responsible for resources Planning Commission Resolution No. 469_ Page 8 of 9 PLN-2023-125 – P-D Permit, Tentative Map, Density Bonus Request, & Tree Removal Permit 57 – 101 Gilman Avenue & 60 Dillon Avenue affected by the project. 8. In connection with the approval of a project involving the preparation of an Initial Study/Mitigated Negative Declaration that identifies one or more significant environmental effects, CEQA requires the decision-making body of the lead agency to incorporate feasible mitigation measures that would reduce those significant environment effects to a less-than-significant level. 9. Whenever a lead agency approves a project requiring the implementation of measures to mitigate or avoid significant effects on the environment, CEQA also requires a lead agency to adopt a mitigation monitoring and reporting program to ensure compliance with the mitigation measures during project implementation, and such a mitigation monitoring and reporting program has been prepared for the Project for consideration by the decision- maker of the lead agency as attached to the Mitigated Negative Declaration. 10. The mitigation measures identified in the Mitigated Negative Declaration are included as Conditions of Approval of the Planned Development Permit. 11. The Notice of Intent to adopt a Mitigated Negative Declaration was published in the Metro Silicon Valley, a local newspaper of general circulation; provided by mailed notice to those individuals and organizations requesting notification; posted with the Clerk-Recorder of the County of Santa Clara; and made available on the City's website. 12. The City of Campbell provided a 20-day public review period of the Mitigated Negative Declaration pursuant to the California Environmental Quality Act Guidelines. The 20-day public review period was from February 28th, 2024 to March 19th, 2024. 13. As the Mitigated Negative Declaration was circulated after July 1, 2020, transportation impacts of the Proposed Project were evaluated using the vehicle miles traveled (VMT) methodology consistent with SB 743 (2013), codified in Public Resources Code section 21099 and CEQA Guidelines section 15064.3. 14. As included in the administrative record, the Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program for the Project are incorporated into this Resolution. 15. The Initial Study/Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program for the Project are on file with the Campbell Community Development Department, as Custodian, located at Campbell City Hall, 70 North First Street, Campbell, CA 95008 and are available for inspection by any interested person. 16. The Planning Commission has reviewed and considered the Initial Study/Mitigated Negative Declaration and related Mitigation Monitoring and Reporting Program for the Proposed Project and has recommended that the City Council approve the Planning Commission Resolution No. 469_ Page 9 of 9 PLN-2023-125 – P-D Permit, Tentative Map, Density Bonus Request, & Tree Removal Permit 57 – 101 Gilman Avenue & 60 Dillon Avenue Proposed Project in compliance with CEQA. THEREFORE, BE IT RESOLVED that the Planning Commission recommends adoption of a Mitigated Negative Declaration and approval of a Planned Development Permit , Tentative Subdivision Map, Density Bonus Request, and Tree Removal Permit to allow construction of a residential planned development including 25 townhomes with 12 junior accessory dwelling units (JADUs) and one 10-unit apartment building, the creation of 26 private lots and 7 common lots (33 new lots), with use of a 35% density bonus (10 additional units) and waivers from the Zoning Code and East Campbell Avenue Master Plan, and removal of five (5) trees on property located at 57-101 Gilman Avenue and 60 Dillon Avenue, subject to the attached recommended Conditions of Approval (attached Exhibit A and B). PASSED AND ADOPTED this 9th day of April, 2024 by the following roll call vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: APPROVED: Adam Buchbinder, Chair ATTEST: Rob Eastwood, Secretary Alan Zisser (Apr 23, 2024 12:40 PDT) Exhibit A – Recommended Conditions of Approval PLN-2023-125 – P-D Permit, Density Bonus Request 57 – 101 Gilman Avenue & 60 Dillon Avenue Page 1 of 10 RECOMMENDED CONDITIONS OF APPROVAL: PLANNED DEVELOPMENT PERMIT & DENSITY BONUS REQUEST 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 Planned Development Permit with a Density Bonus to allow the construction of a residential planned development including 25 townhomes with 12 junior accessory dwelling units (JADUs) and one 10- unit apartment building, a new private street, and associated site, parking, and landscaping improvements, on property located at 57-101 Gilman Avenue and 60 Dillon Avenue. The Approved Project shall substantially conform to the Approved Project Plans included as Attachment B in the April 9th, 2024 Planning Commission Staff Report, except as may be modified by conditions of approval contained herein. 2. Permit Expiration: Approval of the Planned Development Permit ("Approval") shall be valid for two (2) years from the effective date of City Council action. Within this two- year period a Building Permit for the project must be issued pursuant to CMC Sec. 21.56.030.B.1. Failure to meet this deadline or expiration of an issued Building Permit shall result in the Approval being rendered void. 3. Tract Map: Exercise of this Approval is contingent upon recordation of the Tract Map associated with the Tentative Subdivision Map for the Approved Project. The Tract Map shall be recorded prior to the issuance of building or grading permits. However, the Tract Map may not be recorded if the Planned Development Permit expires or is otherwise rendered void. 4. 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 approved without prior authorization. 5. Minor Revisions: Architectural refinements and other minor revisions to the Approved Project Plans, may be administratively approved by the Community Development Director pursuant to CMC Sec. 21.56.060. 6. Accessory Dwelling Unit Restriction: The applicant shall record deed restrictions on the parcels containing junior accessory dwelling units consistent with CMC Section 21.23.070 prior to the issuance of building permits. 7. On-Site Lighting: On-site lighting shall be shielded away from adjacent properties and Exhibit A – Recommended Conditions of Approval PLN-2023-125 – P-D Permit, Density Bonus Request 57 – 101 Gilman Avenue & 60 Dillon Avenue Page 2 of 10 directed on site in compliance with City of Campbell Lighting Design Standards (CMC 21.18.090). 8. 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. Any transformers shall be screened with landscaping and/or artistically painted. 9. Fences/Walls: Any newly proposed fencing and/or walls shall comply with CMC Section 21.18.060. 10. Tree Protection Plan: The tree protection measures identified by the "Tree Inventory, Assessment, and Protection Report, Gilman/Dillon Avenue, Campbell, CA 95008” are herein incorporated by reference and shall be implemented prior to issuance of building, grading, or demolition permits. 11. Water Efficient Landscape Standards: This project is subject to the updated California Model Water Efficient Landscape Ordinance (MWELO). The building permit application for grading and on-site improvements shall demonstrate compliance with the applicable MWELO and landscaping requirements and shall include the following. Replacement trees shall be provided consistent with the Conditions of Approval of the associated Tree Removal Permit. a. A Landscape Documentation Package prepared by an authorized and licensed professional demonstrating compliance with the full MWELO requirements with the following required elements: I. Project Information per Section 492.3. II. 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. III. 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). IV. Landscape Design Plan per Section 492.6. V. Irrigation Design Plan per Section 492.7. VI. Grading Design Plan per Section 492.8. i. Note that a Soil Management Report (if not submitted as part of the Landscape Documentation Package) and Certificate of Exhibit A – Recommended Conditions of Approval PLN-2023-125 – P-D Permit, Density Bonus Request 57 – 101 Gilman Avenue & 60 Dillon Avenue Page 3 of 10 Completion will be required prior to permit final. b. A completed Landscape Information Form. c. A note on the Cover Sheet in minimum 1/2” high lettering stating “Planning Final Required. The new landscaping indicated on the plans must be installed prior to final inspection. Changes to the landscaping plan require Planning approval.” 12. Construction Activities: The applicant shall abide by the following requirements during construction and demolition activity: a. General City Requirements: Construction activity shall comply with these general City construction requirements: I. 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. II. 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. III. All construction equipment with internal combustion engines used on the project site shall be properly muffled and maintained in good working condition. IV. Unnecessary idling of internal combustion engines shall be strictly prohibited. V. 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: I. All construction equipment shall be properly maintained in good working order. II. 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. Exhibit A – Recommended Conditions of Approval PLN-2023-125 – P-D Permit, Density Bonus Request 57 – 101 Gilman Avenue & 60 Dillon Avenue Page 4 of 10 III. 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. IV. Locate temporary generators and air compressors (if utilized) as far away from sensitive noise receptors as necessary to reduce noise. c. Construction Hours/Fines/Stop Work Notice: Failure to comply with above requirements that result in verified complaints may result in the issuance of a Stop Work Notice issued to the project with cessation of work for a minimum of seven (7) days from the date of issuance and an Administrative fine of up to $1,000.00. d. 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 13. Mitigation Measures: a. AQ-1: BAAQMD Basic Control Measures: I. Water all active construction areas at least twice daily. II. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard. III. Sweep all paved access roads, parking areas and staging areas at construction sites as required to prevent soil material from being carried onto adjacent streets. IV. All vehicle speeds on unpaved roads shall be limited to 15 miles per hour (mph). V. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). VI. Clear signage shall be provided for construction workers at all access points. VII. All construction equipment shall be maintained and properly tuned in accordance with the manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. VIII. 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. Exhibit A – Recommended Conditions of Approval PLN-2023-125 – P-D Permit, Density Bonus Request 57 – 101 Gilman Avenue & 60 Dillon Avenue Page 5 of 10 IX. All construction equipment larger than 25 horsepower used at the site for more than two continuous days or 20 hours total shall meet U.S. EPA Tier 4 emission standards for particulate matter (PM10 and PM2.5), if feasible, otherwise, use equipment that meets U.S. EPA emission standards for Tier 2 or 3 engines and include particulate matter emissions control equivalent to CARB Level 3 verifiable diesel emission control devices that altogether achieve a 30 percent reduction in particulate matter exhaust in comparison to uncontrolled equipment. X. Alternatively, the applicant may develop another construction operations plan demonstrating that the construction equipment used on-site would achieve a reduction in construction diesel particulate matter emissions by 30 percent or greater. XI. Post a publicly visible sign with the telephone number and person to contact at the Lead Agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s phone number shall also be visible to ensure compliance with applicable regulations. b. CULT-1: Pursuant to the California Health and Safety Code Section 7050.5, and the CEQA Guidelines Section 15064.5, in the event of discovery or recognition of any human remains in any location other than a dedicated cemetery, there shall be no further excavation or disturbance of the site, or any nearby area reasonably suspected to overlay adjacent remains, until the County Coroner has examined the remains. If the coroner determines the remains to be Native American or has reason to believe that they are Native American, the coroner shall contact by telephone within 24-hours of the Native American Heritage Commission to determine the Most Likely Descendent (MLD). c. GEO-1: The Geotechnical Study completed on June 28, 2023, by Geo-Logic Associates includes the following Geotechnical Recommendations which are recommended mitigation measures: I. 5.1 – Earthwork II. 5.2 – Foundations III. 5.3 – Concreate Slabs on Grade IV. 5.4 - Retaining Walls V. 5.5 – Vehicle Pavements VI. 5.6 - Surface and Subsurface Drainage d. GHG-1: Implement the following construction best practices: I. Use zero-emission and hybrid-powered equipment if reasonably Exhibit A – Recommended Conditions of Approval PLN-2023-125 – P-D Permit, Density Bonus Request 57 – 101 Gilman Avenue & 60 Dillon Avenue Page 6 of 10 available, particularly if emissions are occurring near sensitive receptors or located within a BAAQMD-designated Community Air Risk Evaluation (CARE) area or Assembly Bill 617 community. II. Require all diesel-fueled off-road construction equipment be equipped with EPA Tier 4 Final compliant engines or better as a condition of contract. III. Minimize idling time either by shutting equipment off when not in use or reducing the time of idling to no more than 2 minutes (A 5-minute limit is required by the state airborne toxics control measure [Title 13, Sections 2449(d)(3) and 2485 of the California Code of Regulations]). Provide clear signage that posts this requirement for workers at the entrances to the site and develop an enforceable mechanism to monitor idling time to ensure compliance with this measure. IV. Prohibit off-road diesel-powered equipment from being in the “on” position for more than 10 hours per day. V. Require all construction equipment is maintained and properly tuned in accordance with manufacturer’s specifications. Equipment should be checked by a certified mechanic and determined to be running in proper condition prior to operation. VI. Where grid power is available, prohibit portable diesel engines and provide electrical hook ups for electric construction tools, such as saws, drills and compressors, and using electric tools whenever feasible. VII. Where grid power is not available, use alternative fuels, such as propane or solar electrical power, for generators at construction sites. VIII. Reduce electricity use in the construction office by using LED bulbs, powering off computers every day, and replacing heating and cooling units with more efficient ones. IX. Recycle or salvage nonhazardous construction and demolition debris, with a goal of recycling at least 15% more by weight than the diversion requirement in Title 24. X. Use locally sourced or recycled materials for construction materials (goal of at least 20% based on costs for building materials and based on volume for roadway, parking lot, sidewalk and curb materials). XI. Use low-carbon concrete, minimize the amount of concrete used and produce concrete on-site if it is more efficient and lower emitting than transporting ready-mix. XII. Develop a plan to efficiently use water for adequate dust control since substantial amounts of energy can be consumed during the pumping of Exhibit A – Recommended Conditions of Approval PLN-2023-125 – P-D Permit, Density Bonus Request 57 – 101 Gilman Avenue & 60 Dillon Avenue Page 7 of 10 water. XIII. Include all requirements in applicable bid documents, purchase orders, and contracts, with successful contractors demonstrating the ability to supply the compliant on- or off-road construction equipment for use prior to any ground-disturbing and construction activities. e. NOISE-1: Minimum STC 28 exterior windows and doors will be needed throughout the site. f. NOISE-2: The ventilation system will need to be designed such that it does not compromise sound insulation of the building shell. g. HAZARD-1: Prior to issuance of a grading permit, applicant shall submit a proposal for no further action (NFA) and obtain a NFA determination from the San Francisco Bay Regional Water Quality Control Board. Building Department 14. Permit Required: Building permit applications shall be required for each new dwelling and include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 15. Conditions of Approval: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permits. 16. 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. County Fire District 17. Fire Apparatus Turnaround Required: Provide an approved fire department engine driveway turnaround with a minimum radius of 60 feet outside. Maximum grade in any direction shall be a maximum of 5%. Installations shall conform with 2022 CA Fire Code Appendix D as amended by SCCFD. CFC Sec. 503. Driving surface shall be capable of supporting the imposed load of fire apparatus weighing at least 75,000 pounds (34050 kg). Show a turnaround that accommodates aerial apparatus with minimum outside turning radius of 60 feet. Aerial access is only required for the apartment building on Dillon Avenue. To be addressed at building permit submittal. a. Identify on the plans how the turnaround will be delineated and unobstructed. b. Revise plan to show red curb and sign locations. 18. Fire Lanes Required: The minimum clear width of fire department access roads shall be 26 feet since aerial access is required. Fire apparatus access roads shall be designated and marked as a fire lane as set forth in Section 22500.1 of the California Vehicle Code. The entire 26-foot fire apparatus access roads shall be marked as fire Exhibit A – Recommended Conditions of Approval PLN-2023-125 – P-D Permit, Density Bonus Request 57 – 101 Gilman Avenue & 60 Dillon Avenue Page 8 of 10 lanes. Signs or other approved notices shall be posted. Aerial access is only required for the apartment building on Dillon Avenue. To be at addressed building permit submittal. a. Revise plans to show where red curbs will be provided and marked. b. Revise plans to show where fire lane signs will be provided and installed. 19. Fire Sprinklers Required: 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. To be confirmed at building permit review. a. Revise plans to note on sheet A1-1 that sprinklers will be installed as a deferred submittal. 20. Fire Alarm Requirements: Refer to CFC Sec. 907 and the currently adopted edition of NFPA 72 for fire alarm requirements. To be confirmed at building permit review. a. Revise plans to note on Sheet A1-1 that fire alarm will be installed as a deferred submittal. 21. Two-way Communication System Required: Two-way communication systems shall be designed and installed in accordance with NFPA 72 (2016 edition), the California Electrical Code (2013 edition), the California Fire Code (2016 edition), the California Building Code (2022 edition), and the city ordinances where two-way system is being installed, policies, and standards. To be confirmed at building permit review. a. Revise plans to note on sheet A1-1 that two-way communication system will be installed as a deferred submittal. 22. Required Fire Flow: The fire flow for this project is 3,000 GPM at 20 psi residual pressure. Since an automatic fire sprinkler system will be installed, the fire flow will be reduced by 25%, establishing a required adjusted fire flow of 2,250 GPM at 20 psi residual pressure. Note: The minimum required number and spacing of the hydrants shall be in accordance with CFC Table C102.1. To be confirmed at building permit review. a. Provide a fire flow letter confirming the required fire flow of 2,250 GPM @20 psi. b. Revise plans to state construction type. Construction type was stated in response letter but shall be noted on plans. 23. Fire Hydrant Required: Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, onsite fire hydrants and mains shall be provided where required by the fire code official. [CFC, Section 507.5.1]. To be confirmed at building permit review. Exhibit A – Recommended Conditions of Approval PLN-2023-125 – P-D Permit, Density Bonus Request 57 – 101 Gilman Avenue & 60 Dillon Avenue Page 9 of 10 a. Hydrants shown on sheet C13. b. New hydrant authorization plans shall be approved by SCCFD and San Jose Water. 24. Fire Apparatus Access Roadway Required: Provide an access roadway. Installations shall conform to Fire Department Standard Details and Specifications sheet A-1. CFC Sec. 503. To be confirmed at building permit review. a. 20 foot roadway to be unobstructed and maintained. b. Turning radii shown on sheet C13 25. Fire Department Connection: The fire department connection (FDC) for the structure in support of the sprinkler system shall be installed at the street on the street address side of the building. It shall be located within 100 feet of a public fire hydrant and within ten (10) feet of the main PIV (unless otherwise approved by the Chief due to practical difficulties). FDC's shall be equipped with a minimum of two (2), two-and-one-half (2- 1/2”) inch national standard threaded inlet couplings. Orientation of the FDC shall be such that hose lines may be readily and conveniently attached to the inlets without interference. FDC's shall be painted safety yellow [SCCFD, SP-2 Standard]. To be confirmed at building permit review. a. FDC shown on sheet C13. 26. Ground ladder Required: Ground-ladder rescue from second and third floor rooms shall be made possible for fire department operations. Climbing angle of seventy five degrees shall be demonstrated on the plans and maintained. Landscaping shall not be allowed to interfere with the required access (CFC Sec. 503 and 1029 NFPA 1932 Sec. 5.1.8 through 5.1.9.2). To be confirmed at building permit review. 27. 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]. To be confirmed at building permit review. 28. Aerial access will be required: 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 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 Exhibit A – Recommended Conditions of Approval PLN-2023-125 – P-D Permit, Density Bonus Request 57 – 101 Gilman Avenue & 60 Dillon Avenue Page 10 of 10 one entire side of the building, as approved by the fire code official [CFC Chp. 5 and SCCFD SD&S A-1]. Building 3A exceeds 30 feet. To be confirmed at building permit review. a. Sheet A-28 shows building/street section views demonstrating how the aerial ladder access will be achieved without obstruction. 29. Trash enclosure: Trash enclosure will need to comply with 2022 CFC section 304. If trash size exceeds 1.5 cubic yards then either a sprinkler system is required or the enclosure will need to be type IA or IIA construction. To be confirmed at building permit review. 30. 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 6 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. To be confirmed at building permit review. 31. 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). 2022 CFC Sec. 903.3.5 and Health and Safety Code 13114.7. To be confirmed at building permit review. 32. Construction Site Fire Safety: All construction sites must comply with applicable provisions of the CFC Chapter 33 and our Standard Detail and Specification S1-7. Provide appropriate notations on subsequent plan submittals, as appropriate to the project. CFC Chp. 33. To be confirmed at building permit review. Exhibit B – Recommended Conditions of Approval PLN-2023-125 – Tentative Subdivision Map, Tree Removal Permit 57 – 101 Gilman Avenue & 60 Dillon Avenue Page 1 of 10 RECOMMENDED CONDITIONS OF APPROVAL: TENTATIVE SUBDIVISION MAP AND TREE REMOVAL PERMIT Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations and accepted engineering practices for the item under review. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified. COMMUNITY DEVELOPMENT DEPARTMENT Planning Division 1. Approved Project: Approval is granted for a Tentative Subdivision Map to allow the creation of 26 private lots and 7 common lots (33 new lots) and removal of five (5) trees on property located at 57 – 101 Gilman Avenue and 60 Dillon Avenue. The Tract Map shall substantially conform to Tentative Vesting Subdivision Map (and associated civil sheets), included as Attachment B in the April 9th, 2024, Planning Commission Staff Report, except as may be modified by conditions of approval contained 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 City Council Ordinance approving the associated Planned Development Permit. 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. 4. Street Name: The tract map shall indicate the street name authorized by the Community Development Director. 5. 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. 6. Tree Protection Plan: The tree protection measures identified by the "Tree Inventory, Assessment, and Protection Report, Gilman/Dillon Avenue, Campbell, CA 95008” are herein incorporated by reference and shall be implemented prior to issuance of permits. 7. Construction Measures: The construction activity requirements identified in Condition of Approval No. 13 of the City Council Ordinance approving the associated Planned Development Permit are herein incorporated by reference and shall be implemented for demolition activity required prior to recordation of the tract map. Exhibit B – Recommended Conditions of Approval PLN-2023-125 – Tentative Subdivision Map, Tree Removal Permit 57 – 101 Gilman Avenue & 60 Dillon Avenue Page 2 of 10 8. Property Maintenance: The property is to be maintained free of any combustible trash, debris, and weeds until the time that actual construction commences. Any vacant existing structures shall be secured, by having windows boarded up and doors sealed shut, or be demolished or removed from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code). 9. 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. 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, 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, with the exception of the trees in front of the apartment building on Dillon Avenue that need to be limited in height to allow aerial access for the Santa Clara County Fire Exhibit B – Recommended Conditions of Approval PLN-2023-125 – Tentative Subdivision Map, Tree Removal Permit 57 – 101 Gilman Avenue & 60 Dillon Avenue Page 3 of 10 District. 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 the availability of interior garage space for the parking of vehicles at all times. l. Provision to prohibit the use of outside parking spaces for storage purposes, including boats, trailers, and recreational vehicles. m. Provision to prohibit vehicle washing, and vehicle repair and maintenance activities in the project site, including, but not limited to garages and common parking areas. n. Provision to reference the project's affordability restrictions and the HOA as the successors in interest. 10. Developer Affordable Housing Agreement: Exercise of this Approval is contingent upon recordation of a "Developer and Affordable Housing Agreement" for the provision of below-market rate housing, as more specifically identified in the City Council Resolution approving the Tentative Vesting Subdivision Map associated with the Planned Development Permit. 11. Affordable Housing Agreement: The developer shall comply with the following requirements: a. The applicant shall enter into a developer affordable housing agreement ("Agreement") with the City pursuant to CMC Sec. 21.20.150. The Agreement shall be recorded prior to final map approval and run with the land and bind all future owners and successors in interest. b. The Agreement shall designate four (4) below-market-rate (BMR) units within the Proposed Project as depicted on Sheet C17 (Below Market Rate Housing Plan) of the Approved Project Plans, including specifically two (2) Very-Low- Income rental units, one (1) Moderate for-sale unit, and one (1) Very-Low- Income for-sale unit. 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. c. Agreement that will be in a form provided by the city and shall include, without limitation, the following: 1) The total number of units approved for the residential project; 2) The number, location, and level of affordability of the target units and the inclusionary units; 3) The number of replacement units in accordance with Section 21.20.080 Exhibit B – Recommended Conditions of Approval PLN-2023-125 – Tentative Subdivision Map, Tree Removal Permit 57 – 101 Gilman Avenue & 60 Dillon Avenue Page 4 of 10 of this Chapter; 4) Standards for determining affordable rent or affordable ownership cost for the target units and any inclusionary units; 5) The location, unit size in square feet, and number of bedrooms of target units and any inclusionary units; 6) Provisions to ensure initial and continuing affordability in accordance with the requirements of this chapter and Chapter 21.24, including the execution and recordation of subsequent agreements ensuring continued affordability pursuant to Sections 21.20.120 and 21.24.060; 7) A schedule for completion and occupancy of target units and inclusionary units in relation to construction of market rate units; 8) A description of any incentives, concessions, waivers, or reductions being provided by the city; 9) A description of remedies for breach of the agreement by either party. The city may identify tenants or qualified purchasers as third party beneficiaries under the agreement; 10) Procedures for qualifying tenants and prospective purchasers of target units, including preferences; 11) Provisions requiring maintenance of records to demonstrate compliance with this chapter; 12) Other provisions to ensure implementation and compliance with this chapter and Chapter 21.24, if applicable. d. Building permit application shall be accompanied by the processing fees or deposits established by the City's schedule of fees and charges. All fees shall cover the costs of BMR eligibility determination and BMR document preparation, processing and administration, as established in CMC Sec. 21.20.160 and 21.20.180. 12. Continued Affordability and Initial Occupancy: a. The applicant shall agree to, and the city shall ensure, that the initial occupant of all the for-sale Below Market Rate units that qualified the applicant for the award of the density bonus are persons and families of very low, low, or moderate income, as required, and that the units are offered at an affordable housing cost, as that cost is defined in Section 50052.5 of the Health and Safety Code. b. The City shall enforce any equity sharing agreement unless it is in conflict with the requirement of another public funding source or law. The following apply to the equity sharing agreement: Exhibit B – Recommended Conditions of Approval PLN-2023-125 – Tentative Subdivision Map, Tree Removal Permit 57 – 101 Gilman Avenue & 60 Dillon Avenue Page 5 of 10 I. Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation. The city shall recapture any initial subsidy and its proportionate share of appreciation, which amount shall be used within five years for any of the purposes described in subdivision (e) of Section 33334.2 of the Health and Safety Code that promote home ownership. II. The City's initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price to the moderate-income household, plus the amount of any down payment assistance of mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value. III. The City's proportionate share of appreciation shall be equal to the ratio of the city's initial subsidy to the fair market value of the home at the time of initial sale. c. A regulatory agreement, covenant, deed of trust, and/or other documents acceptable to the community development director or the director's designee, shall be recorded against each residential project containing affordable rental units for a minimum term of fifty-five years or more. A longer period of time may be specified if required by any construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program applicable to the residential project. d. No household shall be permitted to begin occupancy of a target unit unless the City or its designee has approved the household's eligibility. If the city or its designee maintains a list of, or otherwise identifies, eligible households, initial and subsequent occupants of target units shall be selected first from the list of identified households, to the maximum extent possible, in accordance with rules approved by the community development director or his or her designee. e. Preference in the rental or purchase of target units shall be given, first (for up to ten percent of all target units subject to this chapter) to income eligible employees of the city of Campbell, second to income eligible existing Campbell residents, and third to income eligible persons employed within the city limits of the city of Campbell. Public Works Department 1. 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- Exhibit B – Recommended Conditions of Approval PLN-2023-125 – Tentative Subdivision Map, Tree Removal Permit 57 – 101 Gilman Avenue & 60 Dillon Avenue Page 6 of 10 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. 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/DocumentCenter/View/1478 2. Tract (Final) Map: Prior to issuance of any grading or building permits for the project, the applicant shall submit a Tract 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. 3. Right-of-Way for Public Street Purposes: Upon recordation of the Tract Map, the applicant shall fully complete the process to cause additional right-of-way to be granted in fee for public street purposes along the Gilman Avenue and Dillon Avenue frontages to accommodate the City standard thirty-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 staff’s comments and fully complete the right-of-way process. The applicant shall have all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City’s review and recordation. 4. Private Easements: Upon recordation of the Tract Map, the applicant shall cause private easements to be recorded for private utilities, reciprocal ingress and egress, emergency vehicles, etc. 5. Monumentation for Tract Map: Prior to recordation of the Tract 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. 6. 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 35 new dwelling units based on the Multi-family rate, less credit for two (2) existing single- family dwellings 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 Tract Map. 7. Demolition: Prior to recordation of the Tract Map the applicant shall obtain a Exhibit B – Recommended Conditions of Approval PLN-2023-125 – Tentative Subdivision Map, Tree Removal Permit 57 – 101 Gilman Avenue & 60 Dillon Avenue Page 7 of 10 demolition permit and remove any nonconforming structures. 8. Soils Report: Upon submittal of the Tract Map, applicant shall provide a soils report prepared by a registered geotechnical or civil engineer. 9. Grading and Drainage Plan: Prior to recordation of the Tract Map, the applicant shall conduct hydrology studies based on a ten-year storm frequency, prepare an engineered grading and drainage plan, and pay fees required to obtain necessary grading permits. Prior to occupancy, the design engineer shall provide written certification that the development has been built per the engineered grading and drainage plans. 10. Storm Drain Area Fee: Prior to recordation of the Tract Map, the applicant shall pay the required Storm Drain Area fee, currently set at $2,385.00 per net acre, which is $2,716.52 (set for R-M land use). 11. 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. 12. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and the Campbell Municipal Code regarding stormwater pollution prevention. Specifically the project must include source control, site design and treatment measures to achieve compliance with Provision C.3. of the NPDES Permit. Measures may include, but are not limited to, minimization of impervious surface area, vegetated swales, infiltration areas, and treatment devices. The primary objectives are to improve the quality and reduce the quantity of stormwater runoff to the bay. a. 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. b. Upon submission of the grading plans, the applicant shall calculate and submit to the City the amount of impervious surface created by the development including the types of stormwater controls to be used. The applicant shall submit preliminary sizing and design showing stormwater controls meet the City’s requirements. Exhibit B – Recommended Conditions of Approval PLN-2023-125 – Tentative Subdivision Map, Tree Removal Permit 57 – 101 Gilman Avenue & 60 Dillon Avenue Page 8 of 10 c. Prior to recordation of the Tract Map: I. 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. II. The applicant shall sign the “Covenants for the Operation and Maintenance of Stormwater Facilities” and submit a Stormwater Management Plan. d. Prior to occupancy: I. 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. II. The as-built drawings show all pertinent constructed dimensions, elevations, shapes, and materials. III. All variations in construction from the approved design plan have been identified, including omissions to and additions from the approved plan. IV. Any changes are in conformance with local, state, or federal regulations. 13. Trash Capture: Install a full trash capture screen (StormTek ST3G or approved equal) in the existing storm drain catchbasin along the Dillon Avenue frontage. 14. 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. 15. 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. 16. 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 Exhibit B – Recommended Conditions of Approval PLN-2023-125 – Tentative Subdivision Map, Tree Removal Permit 57 – 101 Gilman Avenue & 60 Dillon Avenue Page 9 of 10 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. 17. Street Improvement Agreements / Plans / Encroachment Permit / Fees / Deposits: Prior to recordation of the Tract Map, the applicant shall execute a street improvement agreement, cause plans for public street improvements to be prepared by a registered civil engineer, pay various fees and deposits, post security and provide insurance necessary to obtain an encroachment permit for construction of the standard public street improvements, as required by the City 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 the main walking path in the sidewalk area. The PG&E transformer vault proposed along the Dillin frontage in support of the overhead utility undergrounding can be placed behind the curb, in line with the tree wells. c. Removal of existing driveway approaches, curb, gutter and sidewalk. d. Installation of City approved street trees, tree wells and irrigation at 30 feet on center. Tree wells will be sized appropriate to the needs of the tree species selected. The City Arborist recommends the street trees along the Gilman Avenue frontage be a mixture of Natchez Crepe Myrtle and Trident Maple, and the street trees along the Dillon Avenue frontage be Arbutus unedo 'Marina'. Tree species will be finalized during the street improvement plan stage. e. Installation of City standard curb, gutter, sidewalk and ADA compliant driveway approach. The sidewalk along the Dillon Avenue shall be ten (10) feet wide, and along the Gilman Avenue frontage shall be nine (9) feet wide. The new southerly driveway along Gilman Avenue shall be a modified design to accommodate the required Fire truck turning radius requirements. f. Installation of asphalt concrete 2-inch grind and overlay to centerline, as required by the City Engineer. g. Installation of a full trash capture screen (StormTek ST3G or approved equal) in the existing storm drain catchbasin along the Dillon Avenue frontage. h. Installation of streetlights, conduits, conductors and related facilities in accordance with the City of Campbell’s Street Lighting Policies. The need for additional streetlights will be evaluated at the street improvement stage. i. Relocation of existing streetlight service point cabinet on the Gilman Avenue frontage to the back of the new sidewalk. Exhibit B – Recommended Conditions of Approval PLN-2023-125 – Tentative Subdivision Map, Tree Removal Permit 57 – 101 Gilman Avenue & 60 Dillon Avenue Page 10 of 10 j. Add red curb to new Gilman Avenue driveways per City Traffic Engineer requirements. k. Installation of traffic control, stripes and signs. l. Construction of conforms to existing public and private improvements, as necessary. m. Submit final plans in a digital format acceptable to the City. 18. 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 installed and accepted by the City, and the design engineer shall submit as-built drawings to the City. 19. Maintenance of Landscaping: Owner(s), current and future, are required to maintain the landscaped 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, with the exception of the trees in front of the apartment building on Dillon Avenue that need to be limited in height to allow aerial access for the Santa Clara County Fire District. 20. 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. 21. 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.