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CC Resolution 11395 RESOLUTION NO. 11395 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A PLANNED DEVELOPMENT PERMIT (PLN2011-168) THAT INCLUDES A PARKING MODIFICATION (PLN2012-69) FOR THE CONSTRUCTION OF a 6,698 SQUARE FOOT INDUSTRIAL BUILDING ON PROPERTY LOCATED AT 1075 FLORENCE WAY IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT. FILE NO.: PLN2011-168. 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 PLN2011-168: Environmental Findinq 1. The project qualifies as Categorically Exempt under Section 15332, Class 32, of the California Environmental Quality Act (CEQA), pertaining to infill development and under Section 15315, Class 15, pertaining to the division of property in urbanized areas into four or fewer parcels. Evidentiary Findinqs 1. The proposed industrial building will allow for a use that is consistent with the General Commercial General Plan land use designation. 2. The construction of an industrial building is consistent with the P-D (Planned Development) Zoning District with approval of a Planned Development Permit. 3. The project site consists of a vacant .39 net acre portion of an existing .83 acre parcel to be subdivided into two lots. 4. The project provides 12 parking spaces for future Parcel 2 and 15 parking spaces for the currently development future Parcel 1. The parking provided for Parcel 2 satisfies the parking requirement for automotive repair uses, and the parking provide for Parcel 1 would satisfy the parking requirement of the existing development with the approval of a Parking Modification Permit. 5. The proposed project is well designed and is architecturally compatible with the surrounding neighborhood. 6. The project proposal will greatly enhance the appearance of the site. City Council Resolution PLN2011-168 - 1075 Florence Way - Planned Development Permit Page 2 7. The proposed project is consistent with other developments and uses in the surrounding area. 8. The design of the building utilizes varied building materials as architectural treatments. Based upon the foregoing findings of fact, the City Council further finds and concludes that: 1. The proposed development will result in a more desirable environment and use of the land than would be possible under any other zoning classification. 2. The development will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. 3. The development will be compatible with the Zoning Code of the City of Campbell. 4. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. 5. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. 6. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. 7. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required Conditions of Approval will have a significant adverse impact on the environment. THEREFORE, BE IT RESOLVED that the City Council approves a Planned Development Permit (PLN2011-168) that includes a Parking Modification (PLN2012-69) for the construction of a 6,698 square foot industrial building on property located at 1075 Florence Way. The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions in accordance with the ordinances of the City of Campbell and the State of California. Where approval by the Community Development Director, 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: City Council Resolution PLN2011-168 - 1075 Florence Way - Planned Development Permit Page 3 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division: 1. Approved Proiect: Approval is granted for a Planned Development Permit to allow the construction of a 6,698 square foot speculative industrial building in conjunction with a Zoning Change (PLN2011-166), Tentative Parcel Map (PLN2011-167), and Parking Modification Permit (PLN2012-69) on property located at 1075 Florence Way. 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. Project plans prepared by Banducci Associates Architects, Inc., and stamped as received by the Planning Division on March 29, 2012. b. Color and material sheet prepared by Banducci Associates Architects, Inc., and stamped as received by the Planning Division on March 29, 2012. c. Civil Plans prepared by Carroll Engineering, as part of the project plans stamped as received by the Planning Division on March 29, 2012. d. Tentative Parcel Map prepared by Sierra West Land Surveying, Inc. and stamped as received by the Planning Division on March 29, 2012. 2. Permit Expiration: The Planned Development Permit is valid for a period of two years from the date of final City Council approval. A building permit must be obtained within this two-year period or the Planned Development Permit shall be void. 3. Parcel Map: The Planned Development Permit approval is contingent upon recordation of the Parcel Map to divide the subject property. The Parcel Map shall be recorded prior to the issuance of building permits. 4. Planninq Final Required: 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. 5. Administrative Planned Development Permit: An Administrative Planned Development Permit shall be required prior to establishing a new use within the speculative industrial building or at time of any change of use. 6. Propertv Maintenance: The owner/operator of the subject property shall maintain all exterior areas of the business free from graffiti, trash, rubbish, posters and stickers placed on the property. 7. Outdoor Storaqe: No equipment, materials or business vehicles shall be parked and/or stored outside the building or within the parking lot without approval of an Administrative Planned Development Permit. City Council Resolution PLN2011-168 - 1075 Florence Way - Planned Development Permit Page 4 8. 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. 9. Location of Mechanical Equipment: No roof-mounted mechanical equipment (i.e. air conditioning units, ventilation ducts or vents), shall be added to the proposed building without providing screening of the mechanical equipment from public view and surrounding properties. The screening material and method shall be architecturally compatible with the building and requires review and approval by the Community Development Director and Building Division prior to installation of such screening. 10. 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 review and approval by the Community Development Director. 11. Siqnaqe: No signage is approved as part of the development application approved herein. All signage shall be installed and maintained consistent with the provision of the Sign Ordinance, Chapter 21.30 of the Campbell Municipal Code. 12. Landscape Plan: The applicant shall submit two copies of a landscape plan, prior to the issuance of building permits, for review and approval by the Community Development Director. The plan shall show the type of trees, size of trees and tree planting detail and irrigation details. The landscape plan shall substantially conform to the approved site plan and the City's Water Efficient Landscaping Standards (WELS). The required landscaping shall be installed prior to the final inspection completed by the Planning Department 13. Landscape Maintenance: The owner/operator of the property shall provide on-going maintenance of the existing and proposed on-site landscaping. 14. Parkinq and Drivewavs: All parking and driveway areas shall be maintained in compliance with the standards in Chapter 21.28 (Parking & Loading) of the Campbell Municipal Code. 15. Speculative Industrial Buildinq Parkinq: The proposed speculative industrial building provides for 12 parking spaces, sufficient for an automotive repair use with no building modification. As such, a request to establish any use requires more than 12 parking spaces pursuant to the City's Parking Loading Ordinance may not be allowed, without the submittal of a Parking Modification request for the review and approval of appropriate decision making body. 16. Fences/Walls: All existing and proposed fencing shall comply with the City of Campbell fence ordinance. The maximum height for any existing or proposed fence shall not City Council Resolution PLN2011-168 - 1075 Florence Way - Planned Development Permit Page 5 exceed six feet from finished grade. Fence height shall include any retaining wall or lattice under or attached to the fence. 17. Construction Activities: The applicant shall abide by the following requirements during construction: 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. 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. c. All construction equipment with internal combustion engines used on the project site shall be properly muffled and maintained in good working condition. d. Unnecessary idling of internal combustion engines shall be strictly prohibited. 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. 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. g. Construction equipment, vehicles, and workers associated with the development of the project shall not be permitted to park on any residential streets. h. Use dust-proof chutes for loading construction debris onto trucks. i. Water or cover stockpiles of debris, soil, and other materials that can be blown by the wind. j. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard. k. Sweep daily (with water sweepers) all paved access roads, parking areas, and staging areas at the construction site. I. Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets, as directed by the City Engineer. m. Enclose, cover, water twice daily or, or apply (non-toxic) soil stabilizers to exposed stockpiles (dirt, sand, etc.). City Council Resolution PLN2011-168 - 1075 Florence Way - Planned Development Permit Page 6 18. Pad Certification: Following site grading and prior to preparation of individual building pad forms, the following improvements shall be certified by a licensed land surveyor and reviewed by the Community Development Director to determine consistency with the Planning Commission approved plan (grade, pad and drainage). 19. 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 issuance of building permits. 20. Utilities: All new on-site utilities shall be installed underground per section 21.18.140 (Undergrounding of Utilities) of the Campbell Municipal Code. Building Division: 21. Permits Required: A building permit application shall be required for the proposed new commercial/industrial structure and the parking lot reconfiguration for future Parcel 1. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 22. 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. 23. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 24. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 inches by 36 inches. 25. 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. 26. 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. Elevation bench marks shall be called out at all locations that are identified as "natural grade" and intended for use to determine the height of the proposed structure. 27. Title 24 Enemv Compliance: California Title 24 Energy Compliance forms shall be blue- lined on the construction plans. Compliance with the Standards shall be demonstrated for conditioning of the building envelope and lighting of the building. 28. 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 City Council Resolution PLN2011-168 - 1075 Florence Way - Planned Development Permit Page 7 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 29. 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 Chapter 1, Section 106. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 30. Non-point Pollution Control Proqram: 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. 31. Title 24 Accessibilitv - Commercial: On site general path of travel shall comply with the latest California Title 24 Accessibility Standards. Work shall include but not be limited to accessibility to building entrances from parking facilities and sidewalks. 32. Title 24 Accessibilitv - Commercial: Projects seeking to use the Title 24 Hardship exemption clause shall blue-line completed, City of Campbell "20%" exemption form on submitted construction plans. Form is available at Building Division service counter. 33. 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. 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 school district, contact the offices identified above or visit: http://www.sccoe.k12.ca.us/resourcesfamilies/districtlocator. Obtain the School District payment form from the City Building Division, after the Division has approved the building permit application. 34. 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. City Council Resolution PLN2011-168 - 1075 Florence Way - Planned Development Permit Page 8 The applicant should also consult with P.G. & E. concerning utility easements, distribution pole locations and required conductor clearances. 35. California Green Buildinq Code: This project is subject to the Mandatory Non- Residential requirements of the California Building Code 2010 edition, unless an updated California Green Building Code is adopted prior to building permit submittal. In such a case, the project will be subject to the non-residential requirements of the California Green Building Code in effect at the time of building permit submittal. FIRE DEPARTMENT 36. Fire Review: Review of the project 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. 37. Fire Sprinklers Required: Approved automatic sprinklers in new and existing buildings and structures shall be provided in the locations described in this Section or in Sections 903.2.1 through 903.2.18 whichever is the more restrictive. For the purposes of this section, firewalls used to separate building areas shall be constructed in accordance with the California Building Code and shall be without openings or penetrations. 1. An automatic sprinkler system shall be provided throughout all new buildings and structures. Exception: Group A, B, E, F, I, L, M, S, and U occupancy buildings and structures that do not exceed 1,000 square feet of building area. Note: The owner(s) occupant(s) and any contractor(s) or subcontractor(s) are responsible for consulting with the water purveyor of record in order to determine if nay modification or upgrade of the existing water service is required. A State of California licensed (C-16) Fire Protection Contractor shall submit plans, calculations, a completed permit application and appropriate fees to this department for review and approval prior to beginning their work. CFC Sec. 903.2 as adopted and amended by CBLMC. 38. Potable Water: Potable water supplies shall be protected from contamination cause by fire protection water supplies. It is the responsibility of the applicant and any contractors and subcontractors to contact the water purveyor supplying the site of such project, and to comply with the requirements of that purveyor. Such requirements shall be incorporated into the design of any water-based fire protection systems, and/or fire suppression water supply systems or storage containers that may be physically connected in any manner to an appliance capable of causing contamination of the potable water supply of the purveyor of record. Final approval of the system(s) under consideration will not be granted by this office until compliance with the requirements of the water purveyor or record are documented by that purveyor as having been met by the applicant(s). 2007 CFC Sec. 903.3.5 and H&S Code 13114.7. 39. Construction Site Fire Safetv: All construction sites must comply with applicable provision of the CFC Chapter 14 and our Standard Detail and Specification S 1-7. City Council Resolution PLN2011-168 - 1075 Florence Way - Planned Development Permit Page 9 40. 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. CFC Sec. 505. PUBLIC WORKS DEPARTMENT 41. 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. 42. Preliminary Title Report: Upon submittal of the tract map, the applicant shall provide a current (within the past 6 months) Preliminary Title Report. 43. Riqht-of-Wav for Public Street Purposes: Upon 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 Sunnyoaks Avenue frontage to accommodate 10 feet of right of way from face of curb to back of walk, unless otherwise approved by the City Engineer. The applicant shall submit the necessary documents for approval by the City Engineer, process the submittal with City staff's comments and fully complete the right-of-way process. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. 44. Public Service Easement: Upon recordation of the parcel map, the applicant shall grant a five foot public service easement on private property contiguous with the public right- of-way along the Sunnyoaks Avenue frontage, unless otherwise approved 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. 45. 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. 46. Demolition: Prior to recording of the parcel map, the applicant shall obtain a Demolition Permit and remove any nonconforming structures. 47. 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. 48. 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. 49. 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 City Council Resolution PLN2011-168 - 1075 Florence Way - Planned Development Permit Page 10 written certification that the development has been built per the engineered grading and drainage plans. 50. Storm Drain Area Fee: Prior to recordation of the parcel map, the applicant shall pay the required Storm Drain Area fee currently set at $2,650.00 per net acre, which is $2,180.00. 51. Deferred Street Improvement Aqreement: Prior to recordation of the parcel map, the owner shall execute a deferred street improvement agreement for construction of standard street improvements. Unless otherwise approved by the City Engineer, these improvements shall include, but are not limited to, removal of existing driveway, related sidewalk and curb and gutter and installation of an ADA compliant driveway, sidewalk, and curb and gutter, necessary drainage facilities and necessary conforms to existing improvements. 52. 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. 53. Underqround Street Frontaqe Utilities: All overhead utility lines along the project's public street frontages shall be installed underground per Section 21.18.140 of the Campbell Municipal Code. Applicant shall comply with all utility applications, plan submittals, permitting, and fee requirements of the serving utility companies. In lieu of immediate undergrounding of the public street frontage, the City Engineer may allow the applicant to execute an agreement to participate in an underground utility program, should the City establish such a program within the next seven years. The owner shall post required security with the City to insure participation in the underground utility program. 54. 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. 55. 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. 56. 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. Sunnyoaks Avenue has not been resurfaced during the last five years. The pavement City Council Resolution PLN2011-168 - 1075 Florence Way - Planned Development Permit Page 11 restoration plan shall indicate how the street pavement shall be restored following the installation or abandonment of all utilities necessary for the project. 57. Street Improvements: Prior to recordation of the parcel map, the applicant shall execute a street improvement agreement, cause plans for public street improvements to be prepared by a registered civil engineer, pay various fees and deposits, post security and provide insurance necessary to obtain an encroachment permit for construction of the standard public street improvements, as required by the City Engineer. The plans shall include the following, unless otherwise approved by the City Engineer: a. Show location of all existing utilities within the new and existing public right-of-way. b. Relocation of all existing facilities, including utility boxes, covers, poles, etc. outside the sidewalk area. No utility boxes, covers, poles, etc. will be allowed in the sidewalk area. c. Installation of City approved street trees, tree wells, and irrigation. d. Installation of City standard curb, gutter, sidewalk. e. Installation of street lights, conduits, conductors, and related facilities in accordance with the City of Campbell's Street Lighting Policies. f. Installation of traffic controls, stripes, and signs. g. Construction of conforms to existing public and private improvements as necessary. h. Submit final plans in a digital format acceptable to the City. 59. Maintenance of Landscapinq: Current and future owner(s), are required to maintain the landscaped park strip and tree wells in the public right of way. This includes, but is not limited to: trees, lawn, plantings, irrigation, etc. Trees shall not be pruned in a manner that would not allow the tree to grow to a mature height. 60. 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. 61.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 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. 62. 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, City Council Resolution PLN2011-168 - 1075 Florence Way - Planned Development Permit Page 12 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 tentative vesting map, the applicant shall calculate and submit t 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 parcel map: a. The applicant's designer or engineer shall submit the required certification indicating that sizing, selection, and design of treatment BMP's for the project site has been completed to meet the requirements of the City of Campbell's NPDES permit, No. 01- 119, Provision C.3. b. The applicant shall sign the "Covenants for the Operation and Maintenance of Stormwater Facilities" and submit a Stormwater Management Plan. Prior to occupancy: a. A qualified BMP certifier is required to inspect the stormwater management facilities, submit a complete set of as-built drawings to Public Works Engineering, and certify on these drawings that: 1. The stormwater management facilities were constructed in compliance with the approved plans. 2. The as-built drawings show all pertinent constructed dimensions, elevations, shapes, and materials. 3. All variations in construction from the approved design plan have been identified, including omissions to and additions from the approved plan. 4. Any changes are in conformance with local, state, or federal regulations. b. The applicant shall provide security for the operation and maintenance of stormwater pollution prevention measures installed or provided as a part of this project. The applicant shall also comply with any other or new conditions as required by the City of Campbell's most current NPDES permit. 63. Occupancv and Buildinq Permit Final: Prior to allowing occupancy and/or final building permit signoff for any and/or all buildings, the applicant shall have the required street City Council Resolution PLN2011-168 - 1075 Florence Way - Planned Development Permit Page 13 improvements installed and accepted by the City, and the design engineer shall submit as-built drawings to the City. PASSED AND ADOPTED this 1st call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: day of May ,2012, by the following roll COUNCILMEMBERS: Cristina, Baker, Waterman, Low, Kotowski COUNCILMEMBERS: None COUNCILMEMBERS: COUNCILMEMBERS: APPR~v:M~r.(~ U~~,? t- Michael F. Kotowski, Mayor ) /IU Ii f~!Y~ ' . '/1^- Anne Bybee, City Clerk