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PC Res 3994RESOLUTION NO. 3994 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING THAT THE CITY COUNCIL GRANT ATWO-YEAR EXTENSION OF APPROVAL (PLN2010-91) TO EXTEND A PREVIOUSLY APPROVED PLANNED DEVELOPMENT PERMIT (PLN2007-44) FOR THE CONSTRUCTION OF A FIVE-UNIT TOWNHOME DEVELOPMENT IN CONJUNCTION WITH A PREVIOUSLY APPROVED ZONE CHANGE (PLN2007-43) AND TENTATIVE SUBDIVISION MAP (PLN2007-45) ON PROPERTY OWNED BY HERITAGE REALTY GROUP LOCATED AT 258/268 UNION AVENUE IN A (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. JEFF MAR, ON BEHALF OF HERITAGE REALTY GROUP. FILE NO: PLN2010-91. After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. The Planning Commission finds as follows with regard to File No. PLN2010-91: Environmental Finding 1. 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). Evidentiary Findings The density of the proposed project site is 11.2 units per gross acre, which is consistent with the General Plan land use designation of High Density Residential (21-27 units per gross acre). 2. The Zoning District for this property is P-D (Planned Development). 3. The proposed project is consistent with the Planned Development Zoning Ordinance. 4. The site plan proposes the construction of a five-unit townhome development, each on individual lots. All of the residences would take vehicular access from a common access driveway off of Union Avenue. 5. The project provides a total of 17 parking spaces, where 18 spaces are required. 6. The completed project would consist of five new residences with a building coverage of 34%, landscaping coverage of 29% and paving coverage of 37%. Planning Commission Resolution No. 3994 PLN2010-91 - 258/268 Union Avenue -Extension of Approval - PD Permit Paae 2 _ 7. The proposed project will have a floor area ratio of 0.54. 8. Each of the units has a minimum of a private front porch area and/or an enclosed second story patio for private open space and the project has common open space the exceeds the 500 square foot per unit minimum for an equivalent condominium project. 9. The subject properties are located on the east side of Union Avenue, between Apricot Avenue and West Valley Drive and are surrounded by residential uses on all sides. 10. The project was originally approved by the City Council as a Planned Development Permit (PLN2007-44) on June 3, 2008 by City Council Resolution No. 10918. 11. The Conditions of Approval of this Extension of Approval will incorporate and supersede the Conditions of Approval of past City development permits. 12. The unforeseen collapse of the economy has depressed the market for construction loans for residential projects throughout the Silicon Valley. 13. The applicant is seeking a 2-year extension of the project approval. The applicant's statement of justification describes the great difficulty of obtaining the financing necessary to complete the project. 14. Campbell Municipal Code Section 21.56.030 allows the decision-making body to approve an extension of approval for any period of time deemed commensurate with the justification for the extension as allowed by the Conditions of Approval. However, this section also sets a standard of 24-month increments for extensions of approval. 15. Incremental extensions of approval permit the City to ensure continued compliance with the Municipal Code. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The applicant has established, with substantial evidence, that a good faith effort to fulfill all the requirements of the permit approval has been made. 2. The applicant has, furthermore, with substantial evidence, provided justification for extension of the permit. Planning Commission Resolution No. 3994 PLN2010-91 - 258/268 Union Avenue -Extension of Approval - PD Permit Page 3 THEREFORE, BE IT RESOLVED that the Planning Commission recommends that the City Council grant a two-year Extension of Approval (PLN2010-91) to extend a previously approved Planned Development Permit (PLN2007-44) for the construction of a five-unit townhome development in conjunction with a previously approved Zone Change (PLN2007-43) and Tentative Subdivision Map (PLN2007-45) on property owned by Heritage Realty Group located at 258/268 Union Avenue in a P-D (Planned Development) Zoning District, subject to the attached modified conditions of approval (Exhibit A). PASSED AND ADOPTED this 13th day of July, 2010, by the following roll call vote: AYES: Commissioners NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: Alster, Cristina, Ebner, Gibbons, Reynolds, Rocha and Roseberry None None None ~ ~Y _ ,L APPROVE ~"~~~ ~r,~~°~ i abeth Gibbons, Chair ATTEST: Ki c Heinr chs, Secretary Exhibit A -Conditions of Approval PLN2010-91 - 258/268 Union Avenue -Extension of Approval - PD Permit Page 1 The applicant is hereby notified, as part of this application, that (s)he is required to meet the following conditions in accordance with the ordinances of the City of Campbell and the State of California. The lead department with which the applicant will work is identified on each condition where necessary. 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 items under review. Additionally, the applicant is hereby notified that (s)he is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified: COMMUNITY DEVELOPMENT DEPARTMENT Planning Division: 1. Approved Project: Approval is granted for an Extension of Time for a previously approved Planned Development Permit (PLN2010-91) to allow the construction of a five-unit townhome development located at 258/268 Union 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, including colored elevation, prepared by Ko Architects, Inc. and stamped as received by the Planning Division on February 19, 2008. b. Revised landscape plan prepared by Greg g. Ing & Associates and stamped as received by the Planning Division on February 19, 2008. c. Color and Material board submitted by Ko Architects, Inc. received by the Planning Division on October 12, 2007. d. Tentative Subdivision Map prepared by Lea & Braze Engineering, Inc. and stamped as received by the Planning Division on February 19, 2008, as modified under City Council Resolution No. 10919. 2. Approval Expiration: The Extension of Tentative Subdivision Map approval is valid for a period of two years from the date of final City Council approval, unless an extension is granted prior to the expiration date. 3. Privacy Impacts: In order to mitigate potential privacy impacts, the applicant shall revise the project plans to remove the second story master bedroom balconies along the north elevation. The applicant shall provide frosted glass or clerestory windows for all second story bathroom windows. 4. Porch Details: The applicant shall provide a detail of the porch entry way and porch columns showing that the columns do not overhang the porch for review and approval of the Community Development Director prior to Building Permit issuance. Exhibit A -Conditions of Approval PLN2010-91 - 258/268 Union Avenue -Extension of Approval - PD Permit Page 2 5. Permit Expiration: The Planned Development Permit shall be valid until June 3, 2012. A building permit must be obtained prior to June 3, 2012, or the Planned Development Permit shall be void. 6. Final Map: The Planned Development Permit approval is contingent upon recordation of the Final Map to divide the subject property. The Final Map shall be recorded prior to the issuance of building permits. 7. Revision to Final Map: Revise the Tentative Subdivision Map to show five private lots surrounded by one common lot. The common lot shall consist of the common access driveway, shared parking spaces, landscaping and common open space. 8. Park Impact Fee: A park impact fee, based on a density range of six to thirteen units per gross acre, is due upon development of the site. Credit shall be given for any legally established existing residential units to be demolished. Prior to recordation of the Subdivision Map, 75% of this fee is due. The remaining 25% is due prior to issuance of a certificate of building occupancy. 9. Demolition of Structures: Prior to recordation of the Subdivision Map the applicant shall obtain a building permit for the demolition of all non-conforming structures. 10. 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 be demolished or removed from the property. 11. 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)/HOA and shall include routine pruning of trees and shrubs, maintenance of the automatic irrigation system and the replacement of damaged or Exhibit A -Conditions of Approval PLN2010-91 - 258/268 Union Avenue -Extension of Approval - PD Permit Page 3 diseased plant materials. 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. 12. Tree Protection Plan: The applicant shall submit a tree protection plan for all protected trees to be retained on site or on adjacent lots that are impacted by the project, and shall contain specific information about the preservation of the trees during any grading or building on site. Such tree protection measures shall be installed prior to any demolition, grading, or building on the project site. No construction or trenching shall take place within the drip line of trees and a fence constructed of temporary cyclone fencing or wire mesh securely attached to poles driven into the ground shall be installed around the drip line of the tree. All trimming or branch removal from protected trees shall be completed by a certified arborist. The tree protection plan shall be submitted to the Planning Division for review and approval by the Community Development Director prior to the issuance of building permits. 13. Parking and Driveways: Applicant shall submit a driveway and walkway detail and color sheet showing upgraded colored, stamped and textured concrete for review and approval by Community Development Director prior to the issuance of a building permit. 14. Premises Identification: The applicant shall submit a premises identification detail sheet showing the material type and location for review and approval by the Community Development prior to the issuance of Building Permits. 15. Fences & Retaining Walls: All new fencing shall be agood-neighbor style wood fence and shall comply with all the provisions of Section 21.18.060 of the Campbell Municipal Code. Grade changes shall be supported with masonry retaining walls. The design and location of all fences and retaining walls shall be reviewed and approved by the Community Development Director prior to issuance of any building permits for the project. Fencing along the property lines shall be replaced at the expense of the applicant, unless it is determined to be in good condition by the Community Development Director. 16. Utility Boxes and Back-Flow Preventers: The applicant shall submit a plan prior to installation of PG&E utility (transformer) boxes and San Jose Water Company back-flow preventers, indicating the location of the boxes and screening (if the boxes are above ground) for approval by the Community Development Director. Exhibit A -Conditions of Approval PLN2010-91 - 258/268 Union Avenue -Extension of Approval - PD Permit Page 4 17.On-Site Lighting: 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 proposed exterior lighting for the project shall be reviewed and approved by the Community Development Director prior to installation of the lighting for compliance with all applicable Conditions of Approval, ordinances, laws and regulations. Lighting fixtures shall be of a decorative design to be compatible with the residential development and shall incorporate energy saving features. 18. 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-1] 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-1] 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-1] d. Unnecessary idling of internal combustion engines shall be strictly prohibited. [Mitigation Measure Noise-1] 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- 1] 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-1] 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-1] 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 afl 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] Exhibit A -Conditions of Approval PLN2010-91 - 258/268 Union Avenue -Extension of Approval - PD Permit Page 5 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] 19. Parking and Driveways: a. All parking and driveway areas shall be developed in compliance with the approved plans and Chapter 21.28 (Parking and Loading) of the Campbell Municipal Code. b. The applicant shall submit a driveway, uncovered parking area, and walkway detail and color sheet showing upgraded colored, stamped and textured concrete for review and approval by Community Development Director prior to the issuance of a building permit. 20. Covenants Codes and Restrictions (CC&R's): Prior to recordation of the Parcel Map, the applicant shall submit for review and approval by the City a copy of the draft CC&R's which shall include the following: 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 ongoing maintenance of the required landscaping for the project; f. Provision for the availability of interior garage space for the parking of two vehicles at all times; and g. Provision to prohibit the use of outside parking spaces for storage purposes, including boats, trailers, and recreational vehicles. 21. Contractor Contact Information Posting: 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 issuance of building permits. 22. Utilities: All new on-site utilities shall be installed underground per section 21.18.140 (Undergrounding of Utilities) of the Campbell Municipal Code. Exhibit A -Conditions of Approval PLN2010-91 - 258/268 Union Avenue -Extension of Approval - PD Permit Page 6 23. Roof Vents: The applicant shall coordinate mechanical and plumbing plans to minimize the number of roof vents that are visible from the street frontage. The applicant shall provide the location of such vents on the building plan elevations and roof plans, to the satisfaction of the Community Development Director, prior to issuance of building permits. 24. 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] 25. Soils Report: The applicant shall comply with the following requirements: 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-1] Building Division: 26. Permits Required: A building permit application shall be required for the proposed townhome dwelling units. The building permit shall include Electrical/ Plumbing/Mechanical fees when such work is part of the permit. 27. Plan Preparation: This project requires plans prepared under the direction and oversight of a California licensed Engineer or Architect. Plans submitted for building permits shall be "wet stamped" and signed by the qualifying professional person. 28. Construction Plans: The conditions of approval shall be stated in full on the cover sheet of construction plans submitted for building permit. Exhibit A -Conditions of Approval PLN2010-91 - 258/268 Union Avenue -Extension of Approval - PD Permit Page 7 29. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 inches by 36 inches. 30. 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. 31. Site Plan: Application for building permit shall include a competent site plan that identifies property and proposed structures with dimensions and elevations as appropriate. Site plan shall also include site drainage details. 32. Foundation Inspections: A pad certificate prepared by a licensed civil engineer or land surveyor shall be submitted to the project building inspector upon foundation inspection. 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 33. Title 24 Energy Compliance: California Title 24 Energy Compliance forms shall be blue- lined on the construction plans. 8'/2 X 11 calculations shall be submitted as well. 34. Special Inspections: 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 1, Section 106. Please obtain City of Campbell Special Inspection forms from the Building Inspection Division Counter. 35. 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. 36. P.G. & E.: The applicant is advised to contact P.G. &E. 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. The applicant should also consult with P.G. & E. concerning utility easements, distribution pole locations and required conductor clearances. 37. Construction Fencing: This project shall be properly enclosed with construction fencing to prevent unauthorized access to the site during construction. The construction site shall Exhibit A -Conditions of Approval PLN2010-91 - 258/268 Union Avenue -Extension of Approval - PD Permit Page 8 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. 38. Approvals Required: The project requires the following agency approval prior to issuance of the building permit: a. West Valley Sanitation District (378-2407) b. Santa Clara County Fire Department (378-4010) c. Bay Area Air Quality Management District (Demolitions Only) d. School District: i. Campbell Union School District (378-3405) ii. Campbell Union High School District (371-0960) iii. Moreland School District (379-1370) 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. 39. Build it Green: Applicant shall complete and submit a "Build it Green" inventory of the proposed new multiple family project prior to issuance of building permit. FIRE DEPARTMENT 40. Fire Department Review: Review of the development proposal is limited to acceptability 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 Department all applicable construction permits. 41. Required Fire Ftow: The required fire flow for this project is 1,500 gpm at 20 psi residual pressure. The required fire flow is available from area water mains and fire hydrant(s), which are located at the required spacing. 42.Automatic Fire Sprinkler System Required: Approved automatic sprinklers are required in all new and existing modified building s when the gross floor area exceeds 3,600 square feet or that are 3 or more stories in height. Covered porches, patios, balconies, ant attic spaces may require fire sprinkler coverage. A State of California licensed (C-16) Fire Protection Contractor shall submit plans, calculations, a completed permit application and appropriate fees to the fire department for review and approval prior to beginning their work. CFC Sec. 903.2, as adopted and amended by the City of Campbell Municipal Code. 43. Potable Water Supplies: Potable water supplies shall be protected from contamination caused by fire protection water supplies. It is the responsibility of the applicant and any contractors and subcontractors to contact the water purveyor supplying the site of such project, and to comply with the requirements of that purveyor. Such requirements shall Exhibit A -Conditions of Approval PLN2010-91 - 258/268 Union Avenue -Extension of Approval - PD Permit Page 9 be incorporated into the design of any water-based fire protection systems, and/or fire suppression water supply systems or storage containers that may be physically connected in any manner to an appliance capable of causing contamination of the potable water supply of the purveyor or record. Final approval of the system(s) under consideration will not be granted by the fire department until compliance with the requirements of the water purveyor or record are documented by that purveyor as having been met by the applicant(s). 2007 CFC Sec. 903.3.5 and Health and Safety Code 13114.7. 44. Fire Apparatus (Engine) Access Roads Reauired: Provide access roadways with a paved all weather surface, a minimum unobstructed width of 30 feet, vertical clearance of 13 feet 6 inches, minimum circulating turning radius of 455 feet outside and 31 feet inside, and a maximum slope of 10% and vehicle loading of 75,000 pounds. 45. Fire Ladder Truck Set Up Areas Option: Provide Fire Department Ladder Truck Set Up Areas with a minimum unobstructed width of 30 feet and a minimum length of 60 feet. Area shall support 75,000 pounds of gross vehicle weight. Area shall be paved or other engineered surfaces may be used with Fire Department approval. CFC Sec. 503. 46. Emergency Access: Ground-ladder rescue from second and third floor rooms shall be made possible for fire department operations. With the climbing angle of seventy-five degrees maintained, an approximate walkway width along either side of the building shall be no less than seven feet clear. Landscaping shall not be allowed to interfere with the required access. CFC Sec. 503. 47. 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 Sheet A-6. 48. 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 spaces on an 8 foot width. 49. Timing of Reauired Roadway Installations: asphalt, shall be installed and accepted combustible construction. Required access roads, up through first lift of by the Fire Department prior to the start of 50. 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 background. Exhibit A -Conditions of Approval PLN2010-91 - 258/268 Union Avenue -Extension of Approval - PD Permit Page 10 PUBLIC WORKS DEPARTMENT 51. Parcel Map: Prior to issuance of any grading or building permits for the project, the applicant shall submit a parcel map for recordation upon approval by the City, pay various fees/deposits and submit the map in digital format acceptable to the City. 52. Preliminary Title Report: Upon submittal of the parcel map, the applicant shall provide a current Preliminary Title Report. 53. Right-of-Way for Public Street Purposes: Prior to recordation of the parcel 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 Virginia Avenue frontage to accommodate a 30-foot half street width. The applicant shall submit the necessary documents for approval by the City Engineer, process the submittal with City staff's comments, and fully complete the right-of-way process. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. 54. Private Easements: Upon recordation of the parcel map, the applicant shall cause private easements to be recorded for private utilities, private storm drains, reciprocal ingress and egress, emergency vehicles, etc. 55. Demolition: Prior to recording of the Parcel Map, the applicant shall obtain a Demolition Permit to remove any nonconforming structures. 56. Monumentation for Parcel Map: Prior to recordation of the parcel 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. 57. Street Improvements: Prior to recordation of the parcel map, the applicant shall execute a street improvement agreement, shall 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: a. Show location of all existing utilities within the new and existing public right-of-way. b. Show distance from property line to street centerline. c. Relocation of all existing facilities, including utility boxes, covers, poles, etc. outside the sidewalk area. No utility boxes, covers, poles, etc. will be allowed in the sidewalk area. d. Construction of ADA compliant driveway approaches as necessary. e. Construction of curb, gutter, and sidewalk along the property frontage as necessary. f. Installation of street trees and irrigation at 30 feet on center. Exhibit A -Conditions of Approval PLN2010-91 - 258/268 Union Avenue -Extension of Approval - PD Permit Page 11 g. Installation of street lights in accordance with the Street Lighting Policies of the City of Campbell as necessary. h. Installation of traffic controls, stripes, and signs as appropriate. i. Protection and relocation of utilities as necessary. j. Construction of conforms to existing public and private improvements as necessary. 58. Maintenance of Landscaping: Current and future owner(s) are required to maintain the landscaped park strip in the public right-of-way. This includes, but is not limited to: trees, lawn, plantings, irrigation, etc. Trees shall not be pruned in a manner that would not allow the tree to grow to a mature height. 59. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer cleanout(s) shall be installed on private property behind the public right-of-way line. 60. 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 to determine the required pavement section. 61. Utilities: All new 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. 62. 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. 63. 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. This section of Virginia Avenue has not been resurfaced during the last five 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. 64. 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. Exhibit A -Conditions of Approval PLN2010-91 - 258/268 Union Avenue -Extension of Approval - PD Permit Page 12 65.Additional Street Improvements: Should any new utility main lines or other work required to service the development that affects any public improvements, the City may add conditions to the development/project, at the discretion of the City Engineer, to restore pavement or other public improvements to the satisfaction of the City. 66. 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 10 year storm frequency, prepare an engineered grading and drainage plan, and pay fees required to obtain necessary grading permits. The plans shall comply with the 1998 edition of the California Building Code including Chapters 10, 11, 18, 33, and Appendix Chapter 33. 67. Storm Drain Area Fee: Prior to issuance of any grading or building permits for the site, the applicant shall pay the required Storm Drain Area fee of $2,385 per net acre, which is $1,073.00. 68. 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. Prior to occupancy, 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: a. The stormwater management facilities were constructed in compliance with the approved plans. b. The as-built drawings show all pertinent constructed dimensions, elevations, shapes, and materials. c. All variations in construction from the approved design plan have been identified, including omissions to and additions from the approved plan. d. Any changes are in conformance with local, state, or federal regulations. Exhibit A -Conditions of Approval PLN2010-91 - 258/268 Union Avenue -Extension of Approval - PD Permit Page 13 69. Covenants, Conditions, and Restrictions: Provide copies of CC&R's for review by the City prior to recordation of the parcel map and CC&R's. 70. 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. WEST VALLEY SANITATION DISTRICT 71. Sewer connection: The applicant will be required to construct a privately maintained on- site sewer to serve the six new parcels. This private sewer system must be design and constructed in accordance with the district's public sewer standards. Pursuant to district ordinance, code Section 10.130 "TIME OF PAYMENT OF SEWER CONNECTION AND TREATMENT PLANT CAPACITY FEES", THE APPLCIANT IS REQUIRED TO PAY ALL APPLICABLE FEES PRIOR TO THE ISSUANCE OF A "Non-Interference" letter for the recordation of the Final Map. AT&T 72. Public Utility Easement: The applicant will be required to dedicate the common area (that area not designated A1, A2, B1, B2, B3 or porch) as a Public Utility Easement in order to provide service to the individual Lots.