PC Res 3951RESOLUTION NO. 3951
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL GRANTING A 12-MONTH EXTENSION
(PLN2009-48) FOR A PREVIOUSLY APPROVED PLANNED
DEVELOPMENT PERMIT (PLN2006-165) TO CONSTRUCT A
MIXED-USE DEVELOPMENT CONSISTING OF 99 SENIOR
RENTAL APARTMENTS, 28 NON-AGE RESTRICTED
APARTMENTS, A 21-UNIT DEMENTIA FACILITY AND 16,043
SQUARE FEET OF RETAIL/RESTAURANT USE ON PROERTY
OWNED BY MERRILL GARDENS AT CAMPBELL, LLC, LOCATED
AT 2041-2127 S. WINCHESTER BOULEVARD IN A P-D (PLANNED
DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR.
RYAN LEONG, ON BEHALF OF MERRILL GARDENS AT
CAMPBELL, LLC. FILE NO.: PLN2009-48.
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 Planning Commission did find as
follows with respect to application PLN2009-48:
1. The unforeseen collapse of the housing and lending markets has limited the ability of
the applicant to successfully secure the finances necessary to begin construction of the
approved project by the original Planned Development Permit expiration date.
2. The proposed mixed-use will result in a use that is consistent with the Central
Commercial General Plan land use designation.
3. The proposed mixed-use project is consistent with the P-D (Planned Development)
Zoning District.
4. The site plan proposes the construction of two 3-story mixed-use buildings, one 3-story
residential building, and one 2-story mixed use building consisting of 16,043 square feet
of retail space and 127 apartment units, 21 dementia units, 182 parking spaces, and
associated landscaping.
5. The project site consists of a 3.69 gross acres, developed with 67,816 square feet of
total building coverage, 35,295 square feet of landscaping, and 57,489 square feet of
paving (includes the courtyard, patios, and walkways).
6. The project provides one parking space per each 200 square feet of retail floor area, for
a total of 81 retail parking spaces, one parking space for every 3 senior housing units,
one space for every 2 beds in the dementia units, 1.85 parking spaces per non age-
restricted residential units, or 96 residential parking spaces, and 5 extra parking spaces
for a total of 182 off-street parking spaces.
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7. The project has a Floor Area Ratio (FAR) of .11 per General Plan Policies and the
Zoning Ordinance.
8. Land uses surrounding the project site includes commercial to the north, south, and
east, and residential to the west.
9. The design of the building utilizes varied, high quality building materials as architectural
treatments.
10. The concession or incentive requesting the City waive Public Works fees for the 19
affordable units is not required in order to provide for affordable housing costs, as
defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted
units as defined in Section 50053 of the Health and Safety Code.
11. The project site will generate approximately 1,067 daily trips.
12. Comparing the proposed land use with the existing land use, a net difference of an
addition of (37) A.M. peak hour trips and an addition of (11) P.M. peak hour trips would
occur.
13. Based on the net difference of vehicle trips generated between the existing and
proposed use, the addition of traffic generated by the proposed project will not result in
significant changes to the intersection Levels of Service (LOS).
14. The project will not exceed, either individually or cumulatively, a LOS standard
established by the Congestion Management Program for designated roads or
highways.
15. A Mitigated Negative Declaration was adopted for this project concluding that there are
no significant unmitigated impacts associated with this project, pursuant to the
California Environmental Quality Act (CEQA).
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. The applicant has provided through a letter of request evidence that the applicant has
made a good faith effort to fulfill all the requirements of the permit approval.
2. The proposed development will result in a more desirable environment and use of the
land than would be possible under any other zoning classification.
3. The development will be compatible with the General Plan of the City and will aid in the
harmonious development of the immediate area.
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4. The development will be compatible with the Zoning Code of the City.
5. The proposed development will not be detrimental to the health, safety or welfare of the
neighborhood or the City as a whole.
6. There is a reasonable relationship and a rough proportionality between the conditions
of approval and the impacts of the project.
7. There is a reasonable relationship between the use of the fees imposed upon the
project and the type of development project.
8. No substantial evidence has been presented from which a reasonable argument could
be made that shows that the project, as currently presented and subject to the required
conditions of approval, will have a significant adverse impact on the environment.
THEREFORE, BE IT RESOLVED that the Planning Commission grants a 12-month
Extension (PLN2009-48) for a previously approved Planned Development Permit
(PLN2006-165) to construct amixed-use development consisting of 99 senior rental
apartments, 28 non-age restricted apartments, a 21-unit dementia facility and 16,043
square feet of retail/restaurant use on property owned by Merrill Gardens at Campbell,
LLC, located at 2041-2127 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 the Planning
Commission approval, the applicant shall sign the final, approved set of Conditions of
Approval. Until said Conditions are signed, the proposed Site and Architectural Review
Permit shall not be valid for any permits sought from the City.
Acknowledged 8~ Accepted:
Ryan eong, on behalf of Merrill Gardens at Campbell LLC., Applicant
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2. A~oroved Project: Approval is granted fora 12 month time extension of the Planned
Development Permit (PLN2006-165) 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. Conditions of Approval of the Conditional Use Permit (PLN2007-13) as approved by
City Council (Resolution No.10841) and incorporated herein
*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 Time Extension of the Planned Development Permit is valid for
a period of 12 months from the date of the original expiration or January 4, 2011. A
building permit must be obtained within this 12 month period or the Planned
Development Permit shall be void.
4. Revocation/Modification of Permit: Operation of the use in violation of the Planned
Development Permit or any standards, codes, or ordinances of the City of Campbell
shall be grounds for consideration of either the modification or revocation of the
Planned Development Permit by the City Council.
5. Dementia Unit/Convalescent Operational Hours: The business operational hours for
the dementia unit/convalescent facility are restricted to 6:00 a.m. to 11:00 p.m., daily.
Monday through Saturday. 24 hour on-site medical staff will be available for the
convalescent unit residents.
6. Maximum Number of Convalescent Facility Residents: The maximum number of
residents of the convalescent/dementia unit is 21. Staffing levels shall meet or exceed
the State of California requirements for a licensed convalescent facility. There shall be
24-hour on-site licensed medical personnel (nurse) available for.the residents.
7. 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
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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 is waived as a concession allowed by the Density Bonus Law.
8. Density Bonus/Affordable Housina Units: The proposed project qualifies fora 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.
9. Non-age Restricted Housina: 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.
10. 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:
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.
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f. New street trees shall be added to provide a continuous tree planting along the
street frontage as required by the Community Development Director.
11. Landscape Maintenance: The owner/operator of the property shall provide on-going
maintenance of the required landscaping for the project.
12. 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 any
on-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]
13. Trash and Recycling Enclosure: The applicant shall submit details regarding the design
and location of a trash and recycling enclosure(s) to the Planning Division for review
and approval by the Community Development Director prior to the issuance of building
permits for the project.
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.
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.
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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.
14. Parking and Driveways: 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.
15. Residential/Commercial Parking Garage 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.
16. Alternative Transportation Methods: The applicant shall develop and provide incentives
to encourage the use of alternative transportation methods, which shall be reviewed
and approved by the Community Development Director prior to issuance of any building
permits for the project.
17. 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.
18. 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.
19. 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
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material and method shall require review and approval by the Community Development
Director prior to installation of such mechanical equipment screening.
20. Outdoor Storage: 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.
21. On-site Lighting: 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.
22. Signs: 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.
23. Operational Hours: Operational hours shall be limited to 6 a.m. to 11 p.m. daily for retail
uses.
24. Deliver and Garbage 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.
25. 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]
26. Property 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
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be demolished or removed from the property (Section 11.201 and 11.414, 1985 Ed.
Uniform Fire Code).
27. Graffiti Removal: The property owner shall be responsible for the removal of any graffiti
from walls, fences or structures on the project site within one week of notification by the
Community Development Director or their designate.
28. 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. Washwater
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.
29. Utility 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.
30. Construction Mitigation Measures: The following practices should be followed during all
phases of site preparation and construction activities:
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]
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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]
31. Contractor Contact Information Postina: 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 the contractor
can be made aware of noise complaints. The minimum size of the sign for posting shall
be 4 feet x 8 feet.
32. Construction Staging 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.
33. 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.
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34. 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.
35. 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 report shall be prepared
by a licensed engineer specializing in soils mechanics. [Mitigation Measure GEO-
2]
36. Planning Mitigation Monitoring 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.
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Building Division:
37. 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.
38. 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.
39. Size of Plans: The minimum size of construction plans submitted for building permits
shall be 24 in. X 36 in.
40. 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.
41. 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.
42. 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.
43. 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
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
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44. Title 24 Energy 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.
45. Special Instructions: When a special inspection is required by C.B.C. Chapter 17, 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 C.B.C Appendix Chapter 1, Section 106. Please obtain City of
Campbell, Special Inspection forms from the Building Inspection Division Counter.
46. 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.
47. 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)
48. 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 in the approval
process. Applicant should also consult with P.G. and E. concerning utility easements,
distribution pole locations and required conductor clearances.
49. Construction Fencing: 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
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Public Works Department:
50. 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.
51. Right-of-Way 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 staffs comments, and
fully complete the right-of-way process. The applicant shall cause all documents to be
prepared by a registered civil engineer/land surveyor, as necessary, for the City's
review and recordation.
52. 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.
53. 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.
54. 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.
55. Grading_and Drainage Plan: Prior to issuance of any grading or building permits for the
site, the applicant shall conduct hydrology studies based on a ten-year storm
frequency, prepare an engineered grading and drainage plan, and pay fees required to
obtain necessary grading permits. Prior to occupancy, the design engineer shall provide
written certification that the development has been built per the engineered grading and
drainage plans.
56. 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.
57. 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
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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.
Construction of conforms to existing public and private improvements, as necessary.
Submit final plans in a digital format acceptable to the City.
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.
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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.
58. 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.
59. Maintenance of Landscaping: Owner(s), current and future, are required to maintain the
landscaped park strip and tree wells in the public right of way. This includes, but is not
limited to: trees, lawn, plantings, irrigation, etc. Trees shall not be pruned in a manner
that would not allow the tree to grow to a mature height.
60. 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.
61. Undergrounding Street Frontage 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.
62. Water Meter( 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.
63. 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.
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64. 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.
65. Utility 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.
66. 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.
67. 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.
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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 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.
68. Occupancy: 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.
69. 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.
70. Lot Merger: 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 staffs comments. Should a record of survey be required per Section 8762 of
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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.
71. 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:
72. 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.
73. 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 adjusted 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.
74. 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.
75. 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.
76. Timing 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.
77. 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.
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78. Location of Required Fire Protection System(s) Eauigment: Proposed locations for fire
hydrants, fire sprinkler system(s) control valves (PIV, OS&Y), fire department
connections (FDC), and fire alarm equipment, shall be coordinated with the fire
department and the project planners, prior to submittal of formal designs.
79. 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.
80. Fire Apparatus (Engine) 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. OF 902.2.2
81. Timing of Required Roadway 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.
82. Fire Lane Marking 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.
83. Parking Along Roadways: 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.
84. Emerclenc~Gate/ Access Gate Reauirements: 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.
85. 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 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.
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86. Fire Department Key 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.
87. Timing of Required Roadway 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.
88. 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.
89. Access to Buildings/ Landscaping 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).
90. Fire Lane Marking 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.
91. 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.
92. Fire Department Key Box Required: The building shall be equipped with a permanently
installed emergency access key lock box (Knox), conforming to Fire Department
Standard Detail and Specifications Sheet K-1. At time of final inspection access keys
shall be provided to the fire department.
93. 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.
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94. Conditions of Approval: All conditions of Approval from previous Fire Department Plan
Reviews still apply. Changes to the original Conditions of Approval may be based on
new or updated Codes and Standards in effect at the time of submission of plans to the
Fire Department.
95. 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.
PASSED AND ADOPTED this 23~d day of June, 2009, by the following roll call vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
Alderete, Alster, Ebner, Gairaud and Roseberry
None
Gibbons and Rocha
None
APPROVED:
ATTEST:
Ciddy Worde ,Acting Secretary