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CC Ordinance 2125 ORDINANCE NO. 2125 BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL GRANTING A TWO-YEAR EXTENSION OF APPROVAL (PLN2009-78) FOR THE PREVIOUSLY APPROVED PLANNED DEVELOPMENT PERMIT (PLN2006-128); TENTATIVE SUBDIVISION MAP (PLN2006-127); AND TREE REMOVAL PERMIT (PLN2006-129) TO ALLOW THE CONSTRUCTION OF A MIXED-USE DEVELOPMENT CONSISTING OF 123 CONDOMINIUM UNITS, 14.045 SQUARE FEET OF RETAIL SPACE AND RELATED PARKING/ LANDSCAPING FACLlTIES ON PROPERTY OWNED BY BASCOM FINANCIAL, LLC, LOCATED AT 1677 S. BASCOM AVENUE IN A C-PD (CONDOMINIUM-PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. ANTHONY HO, ON BEHALF OF LPMD ARCHITECTS. FILE NO.: PLN2009-78. 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 PLN2009-78: 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 PermitlTentative Subdivision MaplTree Removal Permit expiration dates. 2. The proposed mixed-use will result in a use that is consistent with the Commercial/Professional Office/Residential (up to 27 units per gross acres) General Plan land use designation. 3. The proposed mixed-use project is consistent with the C-PD (Condominium Planned Development) Zoning District. 4. The site plan proposes the construction of one new four-story mixed-use building consisting of 14,045 square feet of retail space, 123 condominium units, 402 parking spaces, and associated landscaping. 5. The project site consists of a 4.59 gross acre site, developed with 72,063 square feet of total building coverage, 43,052 square feet of landscaping, and 59,547 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 72 retail parking spaces, and 2.6 parking spaces per residential unit, or 330 residential parking spaces, for a total of 402 off-street parking spaces. City Council Ordinance PLN2009-78 - Extension of Approval- Planned Development Permit, Tentative Subdivision Map and Tree Removal Permit Page 2 7. Land uses surrounding the project site includes mixed commercial to the north, multi-family residential to the south, mixed commercial to the east, and office buildings to the west. 8. The design of the building utilizes varied, high quality building materials as architectural treatments. 9. The project is located within % mile of the Vasona Light Rail Hamilton Station. 10. The project site will generate approximately 1,398 daily trips. 11. Comparing the proposed land use with the existing land use, a net difference of an addition of 60 A.M. peak hour trips and an addition of 40 P.M. peak hour trips would occur. 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). 12. The project will not exceed, either individually or cumulatively, a LOS standard established by the Congestion Management Program for designated roads or highways. 13. A Mitigated Negative Declaration was prepared 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 City Council 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. 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. City Council Ordinance PLN2009-78 - Extension of Approval- Planned Development Permit, Tentative Subdivision Map and Tree Removal Permit Page 3 7. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. SECTION ONE: That this Ordinance be adopted to approve a two-year Extension of Approval (PLN2009-78) for the previously approved Planned Development Permit (PLN2006-128); Tentative Subdivision Map (PLN2006-127) and Tree Removal Permit (PLN2006-129) to allow the construction of a mixed-use development consisting of 123 condominium units, 14,045 square feet of retail space and related parking/landscaping facilities on property owned by Bascom Financial, LLC, located at 1677 S. Bascom Avenue in a C-PD (Condominium-Planned Development) Zoning District 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 call vote: 3rd day of November ,2009, by the following roll AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Kotowski, Furtado, Baker, Kennedy None None Low ATTEST: ~ nne Bybee, City Clerk - . · ..ll'#~ e P. Kennedy, Mayor Attachment A - Conditions of Approval PLN2009-78 - 1677 S. Bascom Avenue - Extension of Time Page 1 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 City Council approval, the applicant shall sign the final, approved set of Conditions of Approval. Until said Conditions are signed, the proposed Planned Development PermitfTentative Subdivision MapfTree Removal Permit shall not be valid for any permits sought from the City. Acknowledged & Accepted: Anthony Ho, on behalf of LPMD, Architects, Applicant 2. Approved Proiect: Approval is granted to construct a new four-story mixed-use building at 1677 S. Bascom Avenue. 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 LPMD Architects and dated as received by the Planning Division on July 2, 2007, site plan, floor plans, building elevations, and sections. b. Color/material board submitted by LPMD Architects. c. Revised Conceptual Landscape Plan prepared by Thomas Baak & Associates and dated as received by the Planning Division on July 2, 2007. *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 Permitrrentative Subdivision MapfTree Removal Permit is valid for a period of 24 months from the date of the original expiration or October 4, 2009 and will expire on October 4, 2011. A building permit must be obtained within this 24 month period or the Planned Development PermitfTree Removal shall be void. Attachment A - Conditions of Approval PLN2009-78 - 1677 S. Bascom Avenue - Extension of Time Page 2 4. Tentative Subdivision Map: The Planned Development Permit approval is contingent upon recordation of the Final Subdivision Map to divide the subject property. The Final Subdivision Map shall be recorded prior to the issuance of building permits. 5. 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 recordation of the Final Subdivision Map, 75% of this fee is due. The remaining 25% is due prior to issuance of a certificate of building occupancy. 6. Below Market Rate Housinq: In accordance with the City of Campbell Inclusionary Housing Ordinance, the applicant shall comply with the City's Inclusionary Housing Ordinance and shall enter into an Inclusionary Housing Agreement prior to the issuance of a building permit. Distribution and location of BMR units shall be to the satisfaction of the Community Development Director that shall provide for a minimum of eight affordable units on site with the additional requirement met off site through the provision of an in-lieu fee. 7. Covenants. Codes and Restrictions: The applicant shall submit a draft copy of the Covenants, Conditions and Restrictions (CC&R's) to the Planning Division for approval by the Community Development Director and City Attorney, prior to the recordation of the Final Subdivision Map, which provide for: a. Formation of a Homeowner's Association to ensure the long-term maintenance of buildings and property; b. Continued architectural controls to ensure the architectural integrity of the project; c. Definition of common areas to be maintained and provision of maintenance for these areas; d. Provision of a funding mechanism to ensure maintenance and upkeep of common areas and shared building walls and roofs to be repaired, repainted, and/or replaced as necessary; e. Provision to provide on-going maintenance of the required landscaping for the project; f. Provision for the availability of interior garage space for the parking of vehicles at all times; g. Provision to prohibit the use of parking spaces for storage purposes, including boats, trailers and recreational vehicles; h. Provision to control and enforce parking for the residential and commercial uses. I. Provision to ensure that the tandem parking spaces will be grouped with the standard space in front of it and assigned to the same unit so that the tandem spaces will not have to be shared by more than one household; and J. Prohibition of building mounted antennae. k. Requirement of white window coverings (as viewed from building exterior). Attachment A - Conditions of Approval PLN2009-78 - 1677 S. Bascom Avenue - Extension of Time Page 3 8. Buildinq Elevations. Details and Colors: The applicant shall submit detailed building elevations and exhibits depicting architectural details. Detailed elevations and exhibits shall be reviewed by the Site and Architectural Review Committee and approved by the Community Development Director prior to the issuance of building permits. 9. 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. f. New street trees shall be added to provide a continuous tree planting along the street frontage as required by the Community Development Director. 10. Landscape Maintenance: The owner/operator of the property shall provide on-going maintenance of the required landscaping for the project. 11. Riparian Corridor: The area along the western property line (bordering the Los Gatos Creek Trail) shall be planted with native plants, shrubs and trees to create a buffer between the riparian area and the project site. [Mitigation Measure Biological Resources -1] 12. Liqhtinq: Lighting should be sited to avoid glare impacts to the adjacent riparian corridor. [Mitigation Measure Biological Resources -1] Attachment A - Conditions of Approval PLN2009-78 - 1677 S. Bascom Avenue - Extension of Time Page 4 13. Bioswales: The use of bioswales will be incorporated into the project design and will be located along the southwestern portion of the property. Grasses used in the design of the bioswale will be dwarf tall fescue, a native grass. [Mitigation Measure Biological Resources -1 and Hydrology and Water Quality-1] 14. 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 CUL T-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 CUL T-2] 15. Trash and Recvclinq 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. 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. Attachment A - Conditions of Approval PLN2009-78 -1677 S. Bascom Avenue - Extension of Time Page 5 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. 16. 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. a. Property owner and/or operator shall maintain a minimum of 72 retail parking spaces, and 330 residential spaces. b. The retail use shall at no time exceed the demand for the required amount of retail parking spaces. 17. ParkinQ Stall MarkinQs: The applicant shall indicate on the building plans that all compact parking stalls are painted to identify them as compact spaces prior to the issuance of a building permit. 18. Residential ParkinQ Garaqe Entrance and Exit: The applicant shall indicate on the building plans that the residential parking garage entrance gate and control post. 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 and City Traffic Engineer prior to issuance of any building permits for the project. 19. Bicvcle Parkinq: The applicant shall provide 12 bicycle racks in the retail parking area and 34 bicycle racks in the garage. 20. 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. 21. 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. 22. 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. Attachment A - Conditions of Approval PLN2009-78 - 1677 S. Bascom Avenue - Extension of Time Page 6 23. 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. 24. 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. 25. On-site Liqhtinq: 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. 26. Siqns: No signage is permitted as part of the development application approved herein. New signage shall not be installed prior to approval of a sign permit as required by Chapter 21.53 of the Campbell Municipal Code. 27. Operational Hours: Operational hours shall be limited to 6 a.m. to 11 p.m. daily for retail uses. 28. Delivery Hours/Noise: Delivery hours shall be restricted to 8 a.m. to 8 p.m. Signing shall be installed at service doors notifying the restriction of delivery hours. 29. Noise: a. The project building plans shall incorporate construction grade dual pane thermal windows and doors at selected locations into the project design. The applicant shall utilize full window (glass and frame), assemblies that have been tested for sound rating, to the satisfaction of the Building Official. Where windows must be closed to achieve the interior noise standard, the CBC requires a "ventilation or air conditioning system to provide a habitable environment." [Mitigation Measures Noise-1] b. The project building plans shall incorporate noise barriers and/or enclosed balconies at selected second through fourth story balconies and ground-level patios such as solid balcony rails, insetting balconies, and/or patio fences that act as acoustically effective sound barriers. [Mitigation Measures Noise-1] c. An Acoustical Disclosure regarding ground floor retail shall be proYided in the Covenant Codes & Restrictions for the project. [Mitigation Measures Noise-1] 30. 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 Attachment A - Conditions of Approval PLN2009-78 - 1677 S. Bascom Avenue - Extension of Time Page 7 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). 31. 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. 32. 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. 33. 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. 34. Construction Mitiqation 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-2] 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-2] 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-2] d. Unnecessary idling of internal combustion engines shall be strictly prohibited. [Mitigation Measure Noise-2] 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-2] Attachment A - Conditions of Approval PLN2009-78 - 1677 S. Bascom Avenue - Extension of Time Page 8 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-2] 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-2] 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] 35. Contractor Contact Information Postinq: The project site shall be posted with the name and contact number of the lead contractor in a location visible from the public street prior to the issuance of building permits. 36. 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. [Mitigation Measure Noise-2] 37. 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. 38. Soils Report: The applicant shall comply with the following requirements: Attachment A - Conditions of Approval PLN2009-78 -1677 S. Bascom Avenue - Extension of Time Page 9 a. The applicant shall comply with the requirements of the Soils Report [Mitigation Measure GEO-1] b. 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] c. Perform four additional boring tests within the western portion of the site to determine the lateral and vertical extent of the fill. [Mitigation Measure GEO-1] d. Perform additional soil-vapor sampling to identify the lateral and vertical extent of the methane gas, including advancing up to eight borings in the western portion of the site. [Mitigation Measure GEO-1] e. Require air monitoring within the buildings adjacent to the fill area. A vapor extraction system will be required at the site to remove and destroy hazardous levels of methane gas within the landfill material beneath the site. [Mitigation Measure GEO-1] f. Prior to development of the property, excavation and remediation of the landfill material must be performed according to state, county and local requirements. [Mitigation Measure GEO-1] 39. Planninq Mitiqation Monitorinq Fee: Prior to building permit issuance, the applicant shall deposit funds to cover the actual staff cost, at the rate of Planner II, to ensure compliance with the mitigation monitoring and with the conditions of approval and not to exceed $8,000. Building Division: 40. 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. 41. 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. 42. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. Attachment A - Conditions of Approval PLN2009-78 - 1677 S. Bascom Avenue - Extension of Time Page 10 43. 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. 44. 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. 45. 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. 46. 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 47. 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. 48. 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. 49. 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. 50. Approvals Required: The project requires the following agency approval prior to issuance of the building permit: Attachment A - Conditions of Approval PLN2009-78 -1677 S. Bascom Avenue - Extension of Time Page 11 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) e. Santa Clara County Department of Environmental Health 51. 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. 52. 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: 53. Final Map: Prior to issuance of any grading or building permits for the project, the applicant shall submit a final map for review by the City, have the map be recorded after approval by the City Council, pay various fees/deposits and submit the map in a digital format acceptable to the City. 54. Condominium Plan: Prior to building occupancy, the applicant shall submit a Condominium Plan and submit the map in a digital format acceptable to the City. 55. Preliminary Title Report: Upon submittal of the final map, the applicant shall provide a current (within the past 6 months) Preliminary Title Report. 56. Riqht-of-Wav for Public Street Purposes: Upon recordation of the final map, the applicant shall fully complete the process to cause additional right-of-way to be granted in fee for public street purposes along the S. Bascom Avenue frontage to accommodate 17 feet of right-of-way from curb face to back of walk. 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. Additionally the applicant Attachment A - Conditions of Approval PLN2009-78 - 1677 S. Bascom Avenue - Extension of Time Page 12 shall grant right of way along the Creekside Way frontage to accommodate a 10 foot sidewalk, or as required by the City Engineer. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. 57. Public Easements: Upon recordation of the final map, the applicant shall grant a 10 foot public service easement on private property contiguous with the public right-of-way along the Bascom Avenue frontage. The applicant shall grant a public access easement on private property consistent with the alignment with the renovated/reconfigured pedestrian access to the creek trail. Additionally the applicant shall grant a minimum 20 foot public storm drain easement on private property consistent with the proposed public storm drain modifications. All easements are subject to the City Engineer's review and approval. 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. 58. Private Easements: Upon recordation of the final map, the applicant shall cause private easements to be recorded for private utilities, private storm drains, reciprocal ingress and egress, emergency vehicles, etc. 59. Private Access Easement: Prior to recordation of final map, the applicant shall provide the City with necessary documentation to ascertain the applicant's legal right to use the access easement across the adjacent property along Creekside Way (1777 S. Bascom Avenue) based on the final approved layout for this intersection/driveway. The applicant shall obtain a larger and/or reconfigured access easement from this adjacent property owner. The easement shall increase by adding an additional 10 foot strip to the east along the east side of the existing easement. The increase shall be configured such that the easement matches the actual travel way for appropriate vehicles that may access the site (i.e. fire truck, garbage truck, etc.). The applicant shall provide the City with recorded documents illustrating the larger/reconfigured access easement. 60. Demolition: Prior to recording of the final map the applicant shall obtain a demolition permit and remove any nonconforming structures. 61. Monumentation for Final Map: Prior to recordation of the final map, the applicant shall provide a cash deposit for setting all monuments shown on the map. Monuments shall be set per section 20.76.010 of the Campbell Municipal Code. 62. 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. 63. 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 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 Attachment A - Conditions of Approval PLN2009-78 - 1677 S. Bascom Avenue - Extension of Time Page 13 written certification that the development has been built per the engineered grading and drainage plans. 64. DrainaQe System: Prior to occupancy clearance, the applicant shall refurbish, remodel, and reconstruct the on-site drainage system, as necessary, to demonstrate that the facilities are functioning normally in accordance with the requirements of the City. 65. Storm Drain Area Fee: Prior to recordation of the final map, the applicant shall pay the required Storm Drain Area fee set for commercial land use. 66. 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: Bascom Avenue: a. Show location of all existing improvements and utilities including but not limited to utility boxes, covers, poles, transformers, signs, fiber optic lines, street lighting conduits and conductors 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 sidewalk, curb, gutter, trees and driveway approaches along entire project frontage or as determined by City Engineer. d. Installation of Streetscape standards including a 7 foot sidewalk, 10 foot landscaped park strip, curb, gutter, ADA compliant driveway approaches, City approved street trees at 30 feet on center, turf and associated irrigation facilities. e. Modifications to existing storm drainage system in Bascom Avenue to include upsizing and extending the storm drain main line on Bascom Avenue northward, installing City standard manholes, and extending any related storm lateral facilities. Public storm drain lines located on site will need to be removed, relocated and upsized. All modifications shall meet City standards and shall be subject to the review and approval by the City Engineer. Public storm drain easements must be provided on the final map for the approved alignment. f. Installation of asphalt concrete overlay per street pavement restoration plan for utility installation and/or abandonment, as required by the City Engineer. g. Replacement of existing underground utilities, signal interconnect conduits and conductors, street lighting conduits and conductors, fiber optic lines, utility boxes, and protection of existing facilities to remain. 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. Attachment A - Conditions of Approval PLN2009-78 - 1677 S. Bascom Avenue - Extension of Time Page 14 k. Bascom Avenue is scheduled for pavement rehabilitation in the Spring of 2007. Street improvement plans must show the extent of the utility cuts required for the proposed development (see utility coordination plan). The applicant must mitigate the utility cuts through the newly placed overlay as defined in the pavement restoration plan. This will require the removal and replacement the newly placed asphalt concrete overlay with one large re-paving, following the completion of all utility work. The limits of the area of pavement to be removed and replaced will be as defined by the City Engineer, and may extend to the outer limits of all utility work. Creekside Way: Reconstruction of the 1777 S. Bascom Avenue westerly entryway/driveway at Creekside Way and project frontage along Creekside Way. Plans to include: a. Show location of all existing improvements and utilities within the existing public right of way and the access easement from the adjacent parcel. 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 or driveway areas. c. Removal of existing sidewalk, curb, gutter, median barriers, barrier islands and driveway approach, as required by City Engineer. d. Installation of City standard curb, gutter, sidewalk, and ADA compliant driveway approach. Modifications to the entryway to allow for emergency vehicle and solid waste collection vehicle turning movements as required by City Engineer. e. Removal and/or reconstruction of existing barrier islands, signing and striping modifications as approved by the City Engineer. f. Installation of asphalt concrete overlay per street pavement restoration plan, as required by the City Engineer. g. Replacement of existing underground utilities, signal interconnect conduits and conductors, street lighting conduits and conductors, fiber optic lines, utility boxes, and protection of existing facilities to remain. h. Installation of traffic control, stripes and signs. I. Installation of City approved street trees as required by City Engineer. J. Construction of conforms to existing public and private improvements, as necessary. Pedestrian Access to Creek Trail: Reconstruction of Pedestrian Access to Creek Trail which may include: a. Removal of existing concrete ramp and retaining wall and reconstruction of an at grade pedestrian ramp with enhanced landscaping, lighting, installation of a drinking fountain and bench along the creek trail, removal of existing fencing between the creek trail and the proposed development, and removal of existing landscaping and installation of new irrigated landscaping strip between the creek trail and the proposed development. Any alternatives to these modifications must be approved by the City Engineer. Pedestrian access easements must be provided on the final map for the approved alignment. b. Relocation and/or replacement of existing improvement and underground utilities as necessary, and protection of existing facilities to remain. Attachment A - Conditions of Approval PLN2009-78 - 1677 S. Bascom Avenue - Extension of Time Page 15 67. On-site Public Storm Drain Line: As part of the street and on-site grading improvements the applicant shall have plans prepared that show the following: a. Removal of the existing public storm drain system from Bascom Avenue to the Creek outfall and all private connections. b. Construction of a new upsized storm drain line based on a new alignment as required by City Engineer. c. All on-site connections shall be tied into the new public storm drain line at one on- site location. This tie in point shall be approximately 50 feet from existing Creek outfall as required by the City Engineer. 68. Maintenance of Landscapinq: Owner(s), current and future, are required to maintain the landscaped park strip and trees in the public right of way, on Bascom Avenue and along the Los Gatos creek trail frontage. 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. 69. Maintenance of Pedestrian Pathway: Prior to recordation of the final map, the applicant shall execute a maintenance agreement to maintain the enhanced pedestrian pathway joining Creekside Way to the Los Gatos Creek Trail adjacent to the project site. This includes, but is not limited to: lighting, landscaping, irrigation, decorative treatments, walls, fencing, etc. 70. 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. 71. 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. 72. Utilitv 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. 73. 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. Attachment A - Conditions of Approval PLN2009-78 - 1677 S. Bascom Avenue - Extension of Time Page 16 Bascom Avenue is scheduled for resurfacing in the Spring of 2007. 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. 74. 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. 75. 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. 76. 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 has been Attachment A - Conditions of Approval PLN2009-78 - 1677 S. Bascom Avenue - Extension of Time Page 17 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. 77. 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. 78. Santa Clara Valley Water District (SCVWD): Prior to issuance of any permits for grading, landscaping, or building or the recordation of the final map, the applicant shall obtain clearance from the SCVWD. 79. 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. Fire Department: 80. 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 Attachment A - Conditions of Approval PLN2009-78 - 1677 S. Bascom Avenue - Extension of Time Page 18 adopted model codes. Prior to performing any work the applicant shall make application to, and receive from, the Building Division all applicable construction permits. 81. Required Fire Flow: The applicant must submit detailed area calculation totals for each floor level (including all interior common areas) prior to receiving fire flow requirements. 82. 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. 83. Private On-Site Hydrant(s) Required: Provide three (3) private on-site fire hydrants installed per NFPA Std. #24, at locations to be determined by the Fire Department. Maximum hydrant spacing shall be 250 feet, with a minimum acceptable flow of 250 GPM at 20 psi residual pressure. Prior to desiQn, the proiect civil enQineer shall meet with the fire department water supply officer to iointly spot the required fire hydrant locations. 84. EmerQency Gate/Access Gate Requirements: Gate installations shall conform with 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. Public Fire Hydrants(s) Required: Revise site plan to show all existing public hydrants (on the building side of Creekside Way and Bascom Avenue) which service the site. Additional public hydrants may be required. 86. 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 with the Fire Department Standard Details and Specifications sheet A-1. 87. Fire Hvdrant 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. 88. 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. 89. ParkinQ AlonQ 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 Attachment A - Conditions of Approval PLN2009-78 -1677 S. Bascom Avenue - Extension of Time Page 19 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. 90. Emerqencv Gatel Access Gate Requirements: Gate installations shall conform with 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. 91. Standpipes Required: Buildings shall be equipped with standpipes designed per NFPA Std. #14, and be equipped with 2-112" 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. 92. 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. 93. 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. 94. Timinq of Required Water Supplv 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. 95. New Commercial Buildinqs: All new commercial buildings shall comply with standard specification SI-7 for construction site fire safety. 96. Access to Buildinqsl 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). The landscape plans shall provide ladder access at 75 degree angles to all bedrooms at street side of buildings and in the courtyard. The site plan shall show the three access points to the podium deck. The Attachment A - Conditions of Approval PLN2009-78 - 1677 S. Bascom Avenue - Extension of Time Page 20 drawings must clearly show the access points onto the podium deck without having to go into the building. 97. 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. 98. Easements: Provide a copy of the recorded easement which allows egress across the adjacent parcel on to Creekside Way.