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CC Ordinance 2099 ORDINANCE NO. 2099 BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A PLANNED DEVELOPMENT PERMIT (PLN2006-165) TO ALLOW THE CONSTRUCTION OF A MIXED- USE PROJECT CONSISTING OF 99 SENIOR RENTAL APARTMENT UNITS, 28 NON-AGE RESTRICTED APARTMENT UNITS, A 21-UNIT DEMENTIA UNIT (CONVALESCENT FACILITY) AND 16,043 SQUARE FEET OF RETAIL/RESTAURANT SPACE ON PROPERTY OWNED MERRILL GARDENS AT CAMPBELL LOCATED AT 2041-2043, 2075, 2091, 2105 AND 2127 S. WINCHESTER BOULEVARD IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. RYAN LEONG, ON BEHALF OF SRM DEVELOPMENT. FILE NO: PLN2006-165. After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the City Council did find as follows with respect to application PLN2006-165: SECTION ONE: That this Ordinance be adopted to approve a Planned Development Permit (PLN2007-165) for the construction of 99 senior rental apartment units, 28 non- age restricted apartment units, a 21-unit dementia unit (convalescent facility) and 16,043 square feet of retail/restaurant space on properties located at 2041-2043, 2075, 2091,2105 and 2127 S. Winchester Boulevard with the attached conditions of approval (attached Exhibit A). SECTION TWO: This Ordinance shall become effective thirty (30) days following its passage and adoption and shall be published, one time within fifteen (15) days upon passage and adoption in the Campbell Express, a newspaper of general circulation in the City of Campbell, County of Santa Clara. PASSED AND ADOPTED this 4th day of December ,2007, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Kennedy, Hernandez, Low, Burr, Furtado None None Non APPROVED: Daniel E. Fu ~~ (\tJ;- ~) Exhibit A PLN2006-165 - 2041-2043,2075,2091,2105 & 2127 S. Winchester Boulevard Planned Development Permit - Merrill Gardens at Campbell - Mixed-Use Project Page 1 THEREFORE, BE IT RESOLVED that the City Council approves a Planned Development Permit (PLN2006-165) to allow the construction of a mixed-use project consisting of 99 senior rental apartment units, 28 non-age restricted apartment units, a 21-unit dementia unit (convalescent facility) and 16,043 square feet of retail/restaurant space on property owned by Merrill Gardens at Campbell located at 2041-2043,2075, 2091, 2105 and 2127 S. Winchester Boulevard in a P-D (Planned Development) Zoning District. 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. Declaration of Acceptance of All Conditions: Within thirty (30) days of City Council Planning, the applicant shall sign the final, approved set of Conditions of Approval. Until said Conditions are signed, the proposed Planned Development Permit shall not be valid for any permits sought from the City. 2. Approved Proiect: Approval is granted to construct three 3- story and one 2-story building in conjunction with a new mixed-use development with a senior housing component, and a dementia unit building at 2041-2127 S. Winchester Boulevard. The building design and site design shall substantially conform to the project exhibits listed below, except as may be modified by the Conditions of Approval herein: a. Revised project plans prepared by Runeberg Architecture Group and dated October 10, 2007, site plan, floor plans, building elevations, and as revised by the Building B recessed commercial exhibit dated as received by the City on October 11,2007. b. Revised Conceptual Landscape Plan prepared by Hill Associates dated October 10,2007. c. Program Description for Merrill Gardens at Campbell, received by the City on July 5, 2007. d. Underground Parking Exhaust & Intake Plan. e. Revised Building C footprint and landscaping detail sheet dated November 7, 2007. Exhibit A PLN2006-165 - 2041-2043,2075,2091,2105 & 2127 S. Winchester Boulevard Planned Development Permit - Merrill Gardens at Campbell - Mixed-Use Project Page 2 *Planning sign off is required to prior to Building Permit final. Construction not in substantial compliance with the approved project plans shall not be approved without prior authorization of the necessary approving body. 3. Permit Expiration: The Planned Development Permit is valid for a period of two years from the date of final City Council approval. A building permit must be obtained within this two-year period or the Planned Development Permit shall be void. 4. Park Impact Fee: A Park Impact Fee is due upon development of the site, based on the development density of greater than 21 units per acre, and shall be paid to the City. Prior to building permits submittal, 75% of this fee is due. The remaining 25% is due prior to issuance of a certificate of building occupancy. Credit shall be given for the two existing residences to be demolished and the Park Impact Fees for the 19 affordable units are waived as a concession allowed by the Density Bonus Law. 5. Densitv Bonus/Affordable Housinq Units: The proposed project qualifies for a 35% density bonus for providing 19 affordable rental units to persons who qualify in the very low income range. There shall be 19 rental apartments units designated as affordable to very low income residents as required by the Density Bonus Law. The specific units designated as affordable shall be proportionally distributed though the project by both unit size and age restricted and non age-restricted units. Any future reapportionment proposals, based on community housing needs, shall be forwarded by the Community Development Director to the City Council and shall be considered on the consent agenda. 6. Non-aoe Restricted Housinq: At no time shall there be more than 28 units available for rental to non age-restricted tenants. At least 99 rental units shall be available or occupied by residents who qualify for senior housing. The minimum age requirement for senior housing is 60 years old. Tenants outside of the minimum age of 60 years or older with specific needs requiring assisted living services shall be approved by the City of Campbell Housing Coordinator by a case by case basis. 7. Landscape Plan: The applicant shall submit four (4) sets of a final landscape and irrigation plan to the Planning Division, prior to the issuance of building permits, for review and approval by the Community Development Director. The landscape and irrigation plan shall substantially conform with the approved conceptual landscape plan and the City's Water Efficient Landscaping Standards (WELS). Landscaping shall be designed to minimize irrigation and runoff, promote surface infiltration where appropriate, and minimize the use of fertilizers and pesticides that can contribute to stormwater pollution. Landscaping plans shall include the following: Exhibit A PLN2006-165 - 2041-2043, 2075, 2091,2105 & 2127 S. Winchester Boulevard Planned Development Permit - Merrill Gardens at Campbell - Mixed-Use Project Page 3 a. All trees shall be a minimum 24-inch boxed size and all shrubs shall be a minimum of 5-gallon size. b. Landscape and paving maintenance shall be an on-going responsibility of the property owner(s) and shall include routine pruning of trees and shrubs, maintenance of the automatic irrigation system and the replacement of damaged or diseased plant materials, periodic steam cleaning of walkways and removal of graffiti within twenty-four hours. Applicant shall obtain encroachment permits from the City of Campbell for all work performed within the right-of-way. c. The landscape plan shall illustrate appropriate quantities and sizes of plant materials to ensure buffering of buildings and parking areas. d. All landscape areas shall be protected by 6-inch high poured in place concrete curbs. e. All landscaping shall be installed prior to building occupancy. f. New street trees shall be added to provide a continuous tree planting along the street frontage as required by the Community Development Director. 8. Landscape Maintenance: The owner/operator of the property shall provide on-going maintenance of the required landscaping for the project. 9. Cultural Resources: If archaeological or paleontological resources are encountered during excavation or construction, construction personnel shall be instructed to immediately suspend all activity in the immediate vicinity of the suspected resources and the City and a licensed archeologist or paleontologist shall be contacted to evaluate the situation. A licensed archeologist or paleontologist shall be retained to inspect the discovery and make any necessary recommendations to evaluate the find under current CEQA guidelines prior to the submittal of a resource mitigation plan and monitoring program to the City for review and approval prior to the continuation of anyon-site construction activity. [Mitigation Measure CULT -1] In the event a human burial or skeletal element is identified during excavation or construction, work in that location shall stop immediately until the find can be properly treated. The City and the Santa Clara County Coroner's office shall be notified. If deemed prehistoric, the Coroner's office would notify the Native American Heritage Commission who would identify a "Most Likely Descendant (MLD)." The archeological consultant and MLD, in conjunction with the project sponsor, shall formulate an appropriate treatment plan for the find, which might include, but not be limited to, respectful scientific recording and removal, being left in place, removal and reburial on site, or elsewhere. Associated grave goods are to be treated in the same manner. [Mitigation Measure CULT -2] 10. Trash and Recvclino Enclosure: The applicant shall submit details regarding the design and location of a trash and recycling enclosure(s) to the Planning Division for Exhibit A PLN2006-165 - 2041-2043,2075,2091,2105 & 2127 S. Winchester Boulevard Planned Development Permit - Merrill Gardens at Campbell - Mixed-Use Project Page 4 review and approval by the Community Development Director prior to the issuance of building permits for the project. a. Trash Containers of a size and quantity necessary to serve the new buildings shall be in areas approved by the Fire Department and Community Development Director. b. Unless otherwise noted, enclosures shall consist of a concrete floor surrounded by a six-foot high solid wall and have decorative doors and designed to be architectural compatible to the buildings. The enclosure shall be constructed at grade level and have a level area adjacent to the trash enclosure area to service the containers. Driveways or aisles shall provide unobstructed access for collection vehicles and personnel and provide at least the minimum clearance required by the collection methods and vehicles utilized by the designated collector. The wall, gate and surface inside the enclosure must be kept in sound repair and condition. The refuse and recycling containers shall be kept in the enclosure at all times except when being emptied by collection personnel. c. Areas around trash enclosures, recycling areas, and/or trash compactor enclosures shall not discharge to the storm drain system. Any drains installed in or beneath dumpster and compactor facilities shall be connected to the sanitary sewer. The applicant shall contact the West Valley Sanitation District for specific connection and discharge requirements. 11. Parkinq and Drivewavs: All parking and driveway areas shall be developed in compliance with Chapter 21.28 of the Campbell Municipal Code and the approved project plans with the following revisions: a. Property owner and/or operator shall maintain a minimum of 81 retail parking spaces, and 96 residential spaces. b. The retail use shall at no time exceed the demand for the required amount of retail parking spaces. c. The Rincon Avenue ingress/egress driveway shall be restricted with the appropriate signage, striping and driveway approach prohibiting right turns onto W. Rincon Avenue. 12. Residential/Commercial Parkinq Garaqe Entrance and Exit: The applicant shall indicate on the building plans that provisions shall be made to ensure pedestrian and vehicular safety to the satisfaction of the Community Development Director. Details and information shall be reviewed and approved by the Community Development Director prior to issuance of any building permits for the project. 13. Alternative Transportation Methods: The applicant shall develop and provide incentives to encourage the use of alternative transportation methods, which shall be Exhibit A PLN2006-165 - 2041-2043, 2075, 2091, 2105 & 2127 S. Winchester Boulevard Planned Development Permit - Merrill Gardens at Campbell - Mixed-Use Project Page 5 reviewed and approved by the Community Development Director prior to issuance of any building permits for the project. 14. Fences: Any newly proposed fencing and/or walls shall comply with Section 21.18.060 of the Campbell Municipal Code and shall be reviewed and approved by the Community Development Director prior to issuance of any building permits for the project. 15. Roof Screen: Prior to issuance of building permits for the applicant shall submit a detailed plan for any roof screens for review and approval by the Community Development Director. The roof screens shall be compatible with the overall design of the building in terms of color and material and must completely screen the equipment from view. The roof screen plan shall be subject to review and approval by the Community Development Director. 16. Location of Mechanical Equipment: No roof-mounted mechanical equipment, i.e. air conditioning units, shall be located on the roof of building without providing screening of the mechanical equipment from public view and surrounding properties. Screening material and method shall require review and approval by the Community Development Director prior to installation of such mechanical equipment screening. 17. Outdoor Storaqe: No outdoor storage is permitted on the property. No construction equipment, construction vehicles, and/or construction debris shall be parked and/or stored on the property. 18. On-site Liohtinq: Any proposed on-site lighting shall be shielded away from adjacent properties and directed on site. The design and type of lighting fixtures and lighting intensity of any exterior lighting shall be reviewed and approved by the Community Development Director, prior to issuance of a building permit. Lighting fixtures shall be of a decorative design to be compatible with the development and shall incorporate energy saving features. 19. Siqns: Signage shall be approved in conformance with the Master Sign Program, as revised through this approval process. New signage shall not be installed prior to approval of a sign permit as required by Chapter 21.53 of the Campbell Municipal Code. 20. Operational Hours: Operational hours shall be limited to 6 a.m. to 11 p.m. daily for retail uses. 21. Delivery and Garbaqe Pick Up Hours/Noise: Delivery and garbage pick up hours shall be restricted to 8 a.m. to 8 p.m. Signing shall be installed at service doors notifying the restriction of delivery and garbage pick up hours. Exhibit A PLN2006-165 - 2041-2043,2075,2091,2105 & 2127 S. Winchester Boulevard Planned Development Permit - Merrill Gardens at Campbell - Mixed-Use Project Page 6 22. Noise: a. The project building plans shall incorporate construction grade dual pane thermal windows and doors rated minimum Sound Transmission Class (STC) 29 for living spaces within 190 feet from the centerline of Winchester Boulevard. The applicant shall utilize full window (glass and frame), assemblies that have been tested for sound rating, to the satisfaction of the Building Official. Since windows must be closed to achieve the interior noise criterion, the CBC requires an alternate method (ventilation or air conditioning system) of supply fresh air for all units within 190 feet from the centerline of Winchester Boulevard. [Mitigation Measures Noise-1] b. Construct 42" high acoustically-effective balcony railings at all balconies within 190 feet of the centerline of Winchester Boulevard and within a direct or side view of the road. The railing height is in reference to the nearest balcony floor elevation. [Mitigation Measures Noise-2] 23. Propertv Maintenance: The property is to be maintained free of any combustible trash, debris and weeds until the time that actual construction commences. All 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). 24. Graffiti Removal: The property owner shall be responsible for the removal of any graffiti from walls, fences or structures on the project site within 72 hours of notification by the Community Development Director or their designate. 25. Sidewalk Maintenance: The owner/operator of the property shall provide on-going maintenance of the sidewalks and shall pressure wash the sidewalks as necessary or as required by the Community Development Director or Director of Public Works to remove all spills, gum and food. Sidewalks and parking lots shall be swept regularly to prevent the accumulation of litter and debris. Debris resulting from pressure washing shall be trapped and collected to prevent entry into the storm drain system. Wash water containing any cleaning agent or degreaser shall be collected and discharged to the sanitary sewer and shall not be discharged to a storm drain. The applicant shall contact the West Valley Sanitation District for specific connection and discharge requirements. 26. Utilitv Boxes and Back-Flow Preventers: The applicant shall submit a plan prior to installation of PG&E transformers and San Jose Water Company back-flow preventers, indicating the location of the facilities and screening (if the facilities are above ground) for approval by the Community Development Director. 27. Construction MitiQation Measures: The following practices should be followed during all phases of site preparation and construction activities: Exhibit A PLN2006-165 - 2041-2043,2075,2091,2105 & 2127 S. Winchester Boulevard Planned Development Permit - Merrill Gardens at Campbell - Mixed-Use Project Page 7 a. 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. [Mitigation Measure Noise-3] b. Truck routes to and from the construction site should be established and submitted to the City for review and approval prior to issuance of a building permit. These truck routes shall avoid access to the project site via residential streets where possible. [Mitigation Measure Noise-3] c. All construction equipment with internal combustion engines used on the project site shall be properly muffled and maintained in good working condition. [Mitigation Measure Noise-3] d. Unnecessary idling of internal combustion engines shall be strictly prohibited. [Mitigation Measure Noise-3] 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. [Mitigation Measure Noise-3] f. Prior to the issuance of building permits, the project site shall be posted with the name and contact number of the lead contractor in a location visible from the public street so that the contractor can be made aware of noise complaints. [Mitigation Measure Noise-3] g. Construction equipment, vehicles, and workers associated with the development of the project shall not be permitted to park on any residential streets. [Mitigation Measure Noise-3] h. Use dust-proof chutes for loading construction debris onto trucks. [Mitigation Measure AIR-1] i. Water or cover stockpiles of debris, soil, and other materials that can be blown by the wind. [Mitigation Measure AIR-1] j. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard. [Mitigation Measure AIR-1] k. Sweep daily (with water sweepers) all paved access roads, parking areas, and staging areas at the construction site. [Mitigation Measure AIR-1] I. Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets, as directed by the City Engineer. [Mitigation Measure AIR-1] m. Enclose, cover, water twice daily or, or apply (non-toxic) soil stabilizers to exposed stockpiles (dirt, sand, etc.). [Mitigation Measure AIR-1] n. Install erosion control measures to prevent runoff from the project site. [Mitigation Measure AIR-1] 28. Contractor Contact Information Postinq: Prior to the issuance of building permits, the project site shall be posted with the name and contact number of the lead contractor and construction hours in a location visible from the public street so that Exhibit A PLN2006-165 - 2041-2043, 2075, 2091,2105 & 2127 S. Winchester Boulevard Planned Development Permit - Merrill Gardens at Campbell - Mixed-Use Project Page 8 the contractor can be made aware of noise complaints. The minimum size of the sign for posting shall be 4 feet x 8 feet. 29. Construction Staqinq Plan: Prior to the issuance of grading or building permits for the project, the applicant shall submit a site plan and narrative description indicating the location, length of time and details of construction staging. The construction staging plan shall be subject to review and approval by the Community Development Director and the Public Works Director. 30. Construction Schedule Plan: Prior to the issuance of grading or building permits for the project, the applicant shall submit a site plan and narrative description indicating the location, length of time and details of construction schedule. The construction schedule plan shall be subject to review and approval by the Community Development Director and the Public Works Director. 31. Soils Report: The applicant shall comply with the following requirements: a. The applicant shall comply with the requirements of the geotechnical analysis [Mitigation Measure GEO-1] b. The proposed structures shall be designed in accordance with the seismic design criteria of the 2001 CBC. [Mitigation Measure GEO-1] c. Prior to issuance of building permits for the project, a registered geotechnical engineer shall prepare a design-specific geotechnical analysis, and all recommendations of the analysis shall be incorporated into the project's final engineering design to minimize the damage from seismic shaking. The project sponsor shall use standard engineering techniques and conform to the requirements of the Uniform Building Code to reduce the potential for seismic damage and risk to future occupants. [Mitigation Measure GEO-1] d. The building pad for Building D shall be over-excavated to a depth of 24 inches below the bottom of the new footings. The over-excavated soils shall be placed back as compacted engineered fill up to the final grades as a measure to improve soil competence and reduce the potential of excessive settlement. [Mitigation Measure GEO-1] e. Loose soils were encountered at depths of about 8 to 12 feet below ground surface in two of the exploratory borings. Therefore, extra care shall be exercised during excavations and prior to the installation of a shoring system due to the caving potential of the loose soil. It is anticipated that soldier beam and lagging with tie-backs will be used for temporary shoring of the parking garage/basement excavations. The shoring system should be capable of supporting the walls safely and without excessive deflection. [Mitigation Measure GEO-1] f. The applicant shall submit two copies of a current soils report containing foundation and retaining wall design recommendations, prepared to the satisfaction of the Building Official, with the building permit application. This Exhibit A PLN2006-165 - 2041-2043,2075,2091,2105 & 2127 S. Winchester Boulevard Planned Development Permit - Merrill Gardens at Campbell - Mixed-Use Project Page 9 report shall be prepared by a licensed engineer specializing in soils mechanics. [Mitigation Measure GEO-2] 32. Planninq Mitiqation Monitorinq Fee: Prior to building permit issuance, the applicant shall pay an $8000.00 deposit to cover the actual staff cost, at the rate of Planner I, to ensure compliance with the mitigation monitoring and with the conditions of approval. Building Division: 33. Permits Required: A building permit application shall be required for the proposed new Mixed-Use (Residential & Commercial) Structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 34. Construction Plans: The Building Division Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. A clear statement of the specific Occupancy and Construction Types and corresponding square footages shall be printed on the cover sheet of the plans. 35. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. 36. Plan Preparation: This project requires plans prepared under the direction and oversight of California licensed Engineers and Architects. Plans submitted for building permits shall be "wet stamped" and signed by the qualifying professional person. 37. Soils Report: Two copies of a current soils report, prepared to the satisfaction of the Building Official, containing foundation and retaining wall design recommendations shall be submitted with the building permit application. This report shall be prepared by a licensed engineer specializing in soils mechanics. This project has potentially been identified as located in an area subject to "Liquefaction" as designated by the California State Geologist. As such, it is subject to all State requirements for geologic reports and investigations. 38. Site Plan: Application for building permit shall include a competent engineered site plan that identifies property and proposed structures with dimensions and elevations as appropriate. Site plan shall also include extensive site drainage details. 39. Foundation Inspection: A pad certificate prepared by a licensed civil engineer or land surveyor shall be submitted to the project building inspector upon foundation inspections. This certificate shall certify compliance with the recommendations as specified in the soils report and the building pad elevation and on-site retaining wall Exhibit A PLN2006-165 - 2041-2043,2075,2091,2105 & 2127 S. Winchester Boulevard Planned Development Permit - Merrill Gardens at Campbell - Mixed-Use Project Page 10 locations and elevations are prepared according to approved plans. Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered civil engineer for the following items: a. pad elevation b. finish floor elevation (first floor) c. foundation corner locations 40. Title 24 Enerqy Compliance: California Title 24 Energy requirements for Commercial and Residential structures apply to this project and shall be provided with application documents at time of submittal. 41. Special Instructions: When a special inspection is required by U.B.C. Section 1701, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the building permits, in accordance with U.B.C Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 42. Non-Point Source Pollution Control: The City of Campbell, standard Santa Clara Valley Non-point Source Pollution Control Program specification sheet shall be part of plan submittal. The specification sheet (size 24" X 36") is available at the Building Division service counter. 43. Approvals Required: The project requires the following agency approval prior to issuance of the building permit: a. West Valley Sanitation District b. Santa Clara County Fire Department c. School District: i) Campbell Union School District (378-3405) ii) Campbell Union High School District (371-0960) iii) Moreland School District (874-2900) iv) Cambrian School District (377-2103) Note: To determine your district, contact the offices identified above. Obtain the School District payment form from the City Building Division, after the Division has approved the building permit application. d. Bay Area Air Quality Management District (Demolitions Only) 44. P.G.& E.: Applicant is advised to contact Pacific Gas and Electric Company as early as possible in the approval process. Service installations, changes and/or relocations may require substantial scheduling time and can cause significant delays Exhibit A PLN2006-165 - 2041-2043, 2075, 2091, 2105 & 2127 S. Winchester Boulevard Planned Development Permit - Merrill Gardens at Campbell - Mixed-Use Project Page 11 in the approval process. Applicant should also consult with P.G. and E. concerning utility easements, distribution pole locations and required conductor clearances. 45. Construction Fencinq: This project shall be properly enclosed with construction fencing to prevent unauthorized access to the site during construction. The construction site shall be secured to prevent vandalism and/or theft during hours when no work is being done. All protected trees shall be fenced to prevent damage to root systems Public Works Department: 46. Preliminary Title Report: (Prior to issuance of any grading or building permits for the site, the applicant shall provide a current (within the past 6 months) Preliminary Title Report. 47. Riqht-of-Wav for Public Street Purposes: Prior to issuance of any grading or building permits for the site, the applicant shall fully complete the process to cause additional right-of-way to be granted in fee for public street purposes along the S. Winchester Blvd. and W. Rincon Ave. frontages to accommodate a 45' half street width and 30' half street width, respectively. The applicant shall submit the necessary documents for approval by the City Engineer, process the submittal with City staff's comments, and fully complete the right-of-way process. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. 48. Public Service Easement: The applicant shall grant a public service easement on private property along S. Winchester Blvd. frontage to accommodate necessary utility facilities. The applicant shall cause all documents to be prepared by registered civil engineer/land surveyor, as necessary, for the City's review and recordation. 49. Private Easements: Prior to issuance of any grading or building permits for the site, the applicant shall provide the City with necessary documentation to ascertain the applicant's legal right to use the easement across the 2053 S. Winchester property for private utility purposes. The applicant shall obtain a private utility easement from this adjacent property owner and provide the City with recorded documents illustrating the private utility easement. 50. Soils Report: Prior to issuance of any grading or building permits for the site, applicant shall provide a soils report prepared by a registered geotechnical or civil engineer. 51. Gradinq and Drainaqe 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 Exhibit A PLN2006-165 - 2041-2043,2075,2091,2105 & 2127 S. Winchester Boulevard Planned Development Permit - Merrill Gardens at Campbell - Mixed-Use Project Page 12 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. 52. Storm Drain Area Fee: Prior to the issuance of any grading or building permits for the site, the applicant shall pay the required Storm Drain Area fee, currently set at $2,650 per net acre, which is $8,334. 53. Street Improvements: Prior to recordation of the final map, the applicant shall execute a street improvement agreement, cause plans for public street improvements to be prepared by a registered civil engineer, pay various fees and deposits, post security and provide insurance necessary to obtain an encroachment permit for construction of the standard public street improvements, as required by the City Engineer. The plans shall include the following, unless otherwise is approved by the City Engineer: Winchester Blvd: 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, transformers, signs, etc. outside of future sidewalk area. No utility boxes, covers, poles, cabinets, etc. will be allowed in the sidewalk area. c. Removal of existing driveway approaches, sidewalk, curb ramp, curb and gutter. d. Installation of City approved street trees, tree wells and irrigation at 30 feet on center. e. Installation of City standard curb, gutter, sidewalk, ADA compliant curb ramp and ADA complaint driveway approaches. f. Installation of asphalt concrete overlay per street pavement restoration plan for utility installation and/or abandonment, as required by the City Engineer. g. Installation of streetlights, conduits, conductors and related facilities in accordance with the City of Campbell's Street Lighting Policies. h. Installation of traffic control, stripes and signs. i. Construction of conforms to existing public and private improvements, as necessary. j. Submit final plans in a digital format acceptable to the City. k. Removal of the existing pavement structural section related to the bulb out or as required by the City Engineer. I. Installation of a City approved corner bulb out at the northwest corner of W. Rincon Avenue and Winchester Boulevard. The corner bulb out shall be configured and meet the City Engineer's design requirements. m. At bulb out location, grind pavement to centerline and install new pavement. Installation of new pavement structural section may be required depending upon Exhibit A PLN2006-165 - 2041-2043,2075,2091,2105 & 2127 S. Winchester Boulevard Planned Development Permit - Merrill Gardens at Campbell - Mixed-Use Project Page 13 the amount of grinding needed. Additional paving beyond bulb out may also be required. n. Install new drainage structures to accommodate bulb out. o. Reconfigure signal facilities at the northwest corner of Winchester and Rincon. Rincon Ave.: a. Show location of all existing improvements and 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 and driveway areas. No utility boxes, covers, etc. will be allowed in the sidewalk area. c. Removal of existing driveway approaches, sidewalk, curb and gutter. d. Installation of City approved street trees, tree wells and irrigation at 20 feet on center. e. Installation of City standard curb, gutter, sidewalk and ADA complaint driveway approach. f. Modification to existing storm drain system on W. Rincon Avenue to include upsizing the existing storm drain main line on W. Rincon Avenue eastward to Winchester Blvd. and extending any related storm lateral facilities as necessary. All modifications shall meet City standards and shall be subject to the review and approval by the City Engineer. g. Installation of asphalt concrete overlay per street pavement restoration plan for utility installation and/or abandonment, as required by the City Engineer. h. Installation of 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. I. Removal of the existing pavement structural section related to the bulb out or as required by the City Engineer. m. Installation of a City approved corner bulb out at the northwest corner of W. Rincon Avenue and Winchester Boulevard. The corner bulb out shall be configured and meet the City Engineer's design requirements. n. At bulb out location, grind pavement to centerline and install new pavement. Installation of new pavement structural section may be required depending upon the amount of grinding needed. Additional paving beyond bulb out may also be required. o. Install new drainage structures to accommodate bulb out. p. Reconfigure signal facilities at the northwest corner of Winchester and Rincon. Exhibit A PLN2006-165 - 2041-2043,2075,2091,2105 & 2127 S. Winchester Boulevard Planned Development Permit - Merrill Gardens at Campbell - Mixed-Use Project Page 14 54. Bulb Outs: Provide bulb outs and all associated improvements at the northwest and northeast corners of Winchester and Rincon Avenue to the satisfaction of the Public Works Director and at a construction cost not to exceed $225,000, but at a minimum covering the full cost of the design and construction of the bulb out of the northwest corner. The applicant shall provide a comprehensive design and cost estimate prepared by a civil engineer for review and approval by the City Engineer. 55. Maintenance of Landscapinq: Owner(s), current and future, are required to maintain the landscaped park strip and tree wells in the public right of way. This includes, but is not limited to: trees, lawn, plantings, irrigation, etc. Trees shall not be pruned in a manner that would not allow the tree to grow to a mature height. 56. 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. 57. Underqroundinq Street Frontaqe Utilities: All overhead utility lines along the project's public street frontages shall be installed underground per Section 21.18.140 of the Campbell Municipal Code. Applicant shall comply with all utility applications, plan submittals, permitting, and fee requirements of the serving utility companies. 58. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer c1eanout(s) shall be relocated or installed on private property behind the public right-of-way line. 59. 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. 60. Pavement Restoration: Based on the utility coordination plan, the applicant shall prepare a pavement restoration plan for approval by the City Engineer prior to any utility installation or abandonment. Streets that have been reconstructed or overlaid within the previous five years will require boring and jacking for all new utility installations. Winchester Blvd. was overlaid in 2003. W. Rincon Avenue has not been reconstructed or overlaid in the last 5 years. The pavement restoration plan shall indicate how the street pavement shall be restored following the installation or abandonment of all utilities necessary for the project. Exhibit A PLN2006-165 - 2041-2043,2075,2091,2105 & 2127 S. Winchester Boulevard Planned Development Permit - Merrill Gardens at Campbell - Mixed-Use Project Page 15 61. Utilitv Encroachment Permit: Separate 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. 62. 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. 63. 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. 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. Upon Submission of the preliminary site/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. Prior to recordation of the final map: a. The applicant's designer or engineer shall submit the required certification indicating that sizing, selection, and design of treatment BMP's for the project site Exhibit A PLN2006-165 - 2041-2043,2075,2091,2105 & 2127 S. Winchester Boulevard Planned Development Permit - Merrill Gardens at Campbell - Mixed-Use Project Page 16 has been completed to meet the requirements of the City of Campbell's NPDES permit, No. 01-119, Provision C.3. b. The applicant shall sign the "Covenants for the Operation and Maintenance of Stormwater Facilities" and submit a Stormwater Management Plan. Prior to occupancy: a. A qualified BMP certifier is required to inspect the stormwater management facilities, submit a complete set of as-built drawings to Public Works Engineering, and certify on these drawings that: 1. The stormwater management facilities were constructed in compliance with the approved plans. 2. The as-built drawings show all pertinent constructed dimensions, elevations, shapes, and materials. 3. All variations in construction from the approved design plan have been identified, including omissions to and additions from the approved plan. 4. Any changes are in conformance with local, state, or federal regulations. b. The applicant shall provide security for the operation and maintenance of stormwater pollution prevention measures installed or provided as a part of this project. The applicant shall also comply with any other or new conditions as required by the City of Campbell's most current NPDES permit. 64. Occupancv: Prior to allowing occupancy 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. 65. State General Construction Activitv 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. 66. Lot Merqer: Prior to issuance of any grading or building permits for the site, the applicant shall fully complete the merger of the six (6) lots into one lot. This action can be accomplished with a map or a lot line adjustment. The applicant shall submit the necessary documents, pay the current processing fees and fully process the merger with City staff's comments. Should a record of survey be required per Section 8762 of the Business and Professions Code, a recorded copy of the record of survey shall be submitted prior to issuance of any grading or building permits. Exhibit A PLN2006-165 - 2041-2043,2075,2091,2105 & 2127 S. Winchester Boulevard Planned Development Permit - Merrill Gardens at Campbell - Mixed-Use Project Page 17 67. Monumentation: Prior to recordation of the lot merger, the applicant shall provide a cash deposit for setting all monuments as required by the City Engineer. Fire Department: 68. Formal Plan Review: Review of this development proposal is limited to accessibility of site access and water supply as they pertain to fire department operations, and shall not be construed as a substitute for formal plan review to determine compliance with adopted model codes. Prior to performing any work the applicant shall make application to, and receive from, the Building Division all applicable construction permits. Identify the occupancy classification of the rental units. 69. Required Fire Flow: The fire flow for this project is 7000gpm at 20 psi residual pressure. As an automatic fire sprinkler system will be installed, the fire flow has been reduced by 50% establishing a required adiusted fire flow of 3500gpm at 20 psi residual pressure. The adjusted fire flow is available from are water mains and fire hydrant9s) which are not spaced at the required spacing. 70. Automatic Fire Sprinkler System Required: Buildings requiring a fire flow in excess of 2,000 GPM or, in excess of two stories or 35 feet in height, shall be equipped throughout by an automatic fire sprinkler system, hydraulically designed per National Fire Protection Association (NFPA) Standard #13. A State of California licensed fire protection contractor shall submit plans, calculations, a completed permit application and appropriate fees to the department for review and approval prior to beginning their work. 71. Public Fire Hydrant(s) Required: Provide two (2) public fire hydrant(s) at location(s) to be determined by the Fire Department and San Jose Water Company. Hydrant(s) shall have a minimum single flow of 2000gpm at 20 psi residual, with spacing not to exceed 250 feet. Prior to applying for building permit, provide civil drawings reflecting all fire hydrants serving the site. To prevent building permit delays, the developer shall pay all required fees to the water company ASAP. 72. Timinq of Required Water Supply Installations: Installation of required fire service(s) and fire hydrant(s) shall be tested and accepted by the Fire Department prior to the start of framing or delivery of bulk combustible materials. Building permit issuance may be withheld until installations required installations are completed, tested and accepted. 73. Fire Hydrant Location Identifier: Prior to project final inspection, the general contractor shall ensure that an approved ("Blue Dot") fire hydrant location identifier has been placed in the roadway, as directed by the Fire Department. Exhibit A PLN2006-165 - 2041-2043,2075,2091,2105 & 2127 5. Winchester Boulevard Planned Development Permit - Merrill Gardens at Campbell - Mixed-Use Project Page 18 74. Location of Required Fire Protection Svstem(s) Equipment: Proposed locations for fire hydrants, fire sprinkler system( s) control valves (PIV, 05& V), fire department connections (FDG), and fire alarm equipment, shall be coordinated with the fire department and the project planners, prior to submittal of formal designs. 75. Standpipes Required: Buildings shall be equipped with standpipes designed per NFPA Std. #14, and be equipped with 2-1/2" inch hose valves, at location designated by the fire department. Building C and D shall be equipped with exterior stand pipe system at location designated by the fire department. 76. Fire Apparatus (Enqine) Access Roads Required: Provide access roadways with a paved all weather surface, a minimum unobstructed width of 20 feet, vertical clearance of 13 feet, 6 inches, a minimum circulating turning radius of 36 feet outside and 23 feet inside, and a maximum slope of 15%. Installations shall conform to the Fire Department Standard Details and Specifications sheet A-1. UF 902.2.2 77. Timinq of Required Roadwav Installations: Required access roads, up through first lift of asphalt, shall be installed and accepted by the Fire Department prior to the start of combustible construction. During construction, emergency access roads shall be maintained clear and unimpeded. Note that building permit issuance may be withheld until installations are completed. Temporary access roads maybe approved on a case by case basis. 78. Fire Lane Markinq Required: Provide marking for all roadways within the project. Markings shall be per Fire Department specifications. Installations shall also conform to Local Government Standards and Fire Department Standard Details and Specifications A-6. 79. Parkinq Alonq Roadwavs: The required width of fire access roadways shall not be obstructed in any manner and parking shall not be allowed along roadways less than 28 feet in width. Parking may be permitted along one side of roadways 28-35 feet in width. For roadways equal to or greater than 36 feet, parking will be allowed on both sides of the roadway. Roadway widths shall be measured curb face to curb face, with parking space based on an 8 ft. width. 80. Emerqencv Gate/ Access Gate Requirements: Gate installations shall conform to Fire Department Standard Details and Specification G-1 and when open shall not obstruct any portion of the required width for emergency access roadways or driveways. Locks if provided shall be Fire Department approved prior to installation. 81. Standpipes Required: Buildings shall be equipped with standpipes designed per NFPA Std. #14, and be equipped with 2-1/2" inch hose valves, at location designated by the Fire Department. Standpipes shall be required throughout the Exhibit A PLN2006-165 - 2041-2043, 2075, 2091,2105 & 2127 S. Winchester Boulevard Planned Development Permit - Merrill Gardens at Campbell - Mixed-Use Project Page 19 building and in the interior courtyard at locations to be determined by the fire department. Revised drawings in writing to reflect compliance with this requirement. 82. Fire Department Kev Box Required: The building shall be equipped with a permanently installed emergency access key lock box (Knox) conforming to Fire Department Standard Detail and Specification sheet K-1. At time of final inspection, access keys shall be provided to the Fire Department. 83. TiminQ of Required Roadwav Installations: Required access roads, up through first lift of asphalt, shall be installed and accepted by the Fire Department prior to the start of combustible construction. During construction, emergency access roads shall be maintained clear and unimpeded. Note that building permit issuance may be withheld until installations are completed. Temporary access roads may be approved on a case by case basis. 84. Ground-ladder Rescue: Ground-ladder rescue from the second and third floor rooms shall be made possible for fire department operations for buildings C, D, and back of Building B. With the climbing angle of seventy five (75) degrees maintained, an approximate walkway width along either side of the building shall be no less than ten feet clear. 85. Access to BuildinQs/ Landscapinq Requirements: Landscaping shall not obstruct Fire Department ladder access to buildings. The building permit submittal shall include a landscape drawing which reflects the location of all landscaping, to include how Fire Department ladder access will be provided around all buildings. An approved walkway shall be provided on all sides of the building(s) leading from the fire access roadway to the exterior openings of the building(s). 86. Fire Lane MarkinQ Required: Provide marking for all roadways within the project. Markings shall be per fire department specifications. Installations shall also conform to Local Government Standards and Fire Department Standard Details and Specifications A-6. 87. Required Plans and Permits: Permits are required for the installation of all Private Water Supplies, Tanks, Hydrant Systems and must be issued to contractors prior to the start of installation of such systems. Plans for fire apparatus access roads and fire hydrant systems shall be submitted to the Fire Department for review and approval prior to construction. 88. Fire Department Kev Box Required: The building shall be equipped with a permanently installed emergency access key lock box (Knox), conforming to Fire .. Exhibit A PLN2006-165 - 2041-2043,2075,2091,2105 & 2127 S. Winchester Boulevard Planned Development Permit - Merrill Gardens at Campbell - Mixed-Use Project Page 20 Department Standard Detail and Specifications Sheet K-1. At time of final inspection access keys shall be provided to the fire department. 89. Premises Identification: Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their backgrounds. 90. Conditions of Approval on Plans: Please be advised that the Fire Department's Conditions of Approval are based on the minimum amount of information on the plans. Additional requirements may apply upon submittal of 100% plans. To prevent plan review and inspection delays, the above Conditions of Approval Shall be restated as "notes" on all pending and future plan submittals and any referenced diagrams to be reproduced onto the future plan submittal.