Campbell City Council
May 16, 2023

Separately, a year earlier, the City and the Chamber signed a Promissory Note related to prior Chamber events whose outstanding invoices for Permit fees had not yet been paid to the City . Specifically, the Promissory Note provid ed that the Chamber would pay to the City Permit fees for the events listed below, minus $30,000 for payments due from the City to the Chamber related to an annual information and referral contract the City had with the Chamber, as follows:

• 2019 Oktoberfest = $41,939.81 (amount due after 25% waiver applied) • 2021 Boogie Event = $29,599.75 (amount due after 50% waiver applied) • 2021 Oktoberfest = $52,809.63 (amount due after 25% waiver applied) • 2022 Boogie Event = $48,649.52 (amount due after 25% waiver applied) Subtotal = $172,998.71

• Referral Contract = - $30,000.00
Total = $142,998.71

The Promissory Note also provided that the Chamber would pay the balance of $142,998.71 in monthly installments.

On April 10, 2023, t he Chamber requested that the Permit fee s due for these prior events also be reduced to a not -to-exceed amount of $25,000 per event. The current balance due on the Promissory Note at the time of the Chamber’s request was approximately $112,000.

DISCUSSION

On May 2, 2023, the City Council approved the Chamber’s request for a Downtown Special Event Permit and determined that based on the information the Chamber shared, the Chamber had met all the requirements to support a fee waiver for its 2023 Boogie event. The City Council then granted the Chamber’s request for a fee waiver with a not-to-exceed Permit fee of $25,000.

The City Council also consid ered the Chamber’s profits and losses for the Chamber’s Boogie and Oktoberfest events dating back to calendar year 2017 and based on this documentation, the losses the Chamber experienced during COVID -19, and the representations the Chamber made regarding steps it was taking to cover the Chamber’s operational costs, partially granted the Chamber’s request to amend the Promissory Note to reflect a “not -to-exceed” Permit fee amount. Specifically, the City Council approved an amendment to the Promissory Note to reflect a not-to-exceed Permit fee of $25,000 for the 2021 and 2022 Boogie events and a not -to-exceed Permit fee of $35,000 for the 2019 and 2021 Oktoberfest events.

The attached resolution memorializes the City Council’s actions of May 2, 2023.

FISCAL IMPACT
16 Packet Pg. 170
Resolution Approving Special Event Permit, Fee Waiver & Amended Promissory Note for Chamber

The City’s estimated cost for this year’s Boogie event is estimated at $65,000. A not -to- exceed Permit fee of $25,000 would result in a loss to the City of an estimated $40,000.

In addition, an amendment to the Promissory Note with a not-to-exceed amount of $25,000 for the 20 21 and 2022 Boogie events and a not -to-exceed amount of $35,000 for the 2019 and 2021 Oktoberfest events would result in a further estimated loss to the City of approximately $53.000.

Prepared by:

Brian Loventhal, City Manager
Approved by:

Brian Loventhal, City Manager
Attachment:
a. Resolution Approving Downtown Special Event Permit and Fee Waiver and Amendment to Promissory Note_Chamber
16 Packet Pg. 171
RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL

AUTHORIZING THE ISSUANCE OF A DOWNTOWN SPECIAL EVENT

PERMIT TO THE CAMPBELL CHAMBER OF COMMERCE, AUTHORIZING A FEE WAIVER FOR A NOT-TO-EXCEED AMOUNT OF $25,000 IN PERMIT

FEES, AND APPROVING AN AMENDMENT TO THE PROMISSORY NOTE

BETWEEN THE CITY OF CAMPBELL AND THE CAMPBELL CHAMBER OF

COMMERCE FOR A DECREASE IN PERMIT FEES DUE

WHEREAS, on April 10, 2023, the Campbell Chamber of Commerce (Chamber) applied to the City of Campbell (City) for a Downtown Special Event Permit (Permit) that would allow the Chamber to hold its Boogie Music Festival (Boogie) in Downtown Campbell from Saturday May 20, 2023 through Sunday May 21, 2023; and

WHEREAS, t he Chamber also request ed the City grant a fee waiver for the Permit fees charged by the City such that the fees not exceed $25,000; and

WHEREAS, the City Council determined that based on the in formation the Chamber provided , the Chamber had met all the requirements to support the issuance of a Downtown Special Event Permit as well as a fee waiver with a not- to-exceed Permit fee of $25,000 for its 2023 Boogie event; and

WHEREAS, separately, in May 2022, the City and the Chamber had signed a Promissory Note related to prior Chamber events whose outstanding invoices for Permit fees totaling $172,998.71 had not yet been paid to the City; and

WHEREAS, the Promissory Note also included amounts the Ci ty owed to the Chamber for an information and referral contract for a total of $30,000; and

WHEREAS, the parties ultimately agreed in the Promissory No te that the Chamber would pay to the City the balance of $142,998.71 in monthly installments; and

WHEREAS, on April 10, 2023, the Chamber requested that the Permit fees due under the Prom issory Note for these prior events also be reduc ed to a not -to- exceed amount of $25,000 per event; and

WHEREAS, on May 2, 2023, the City Council considered the Chamber’s profits and losses for the Chamber’s Boogie and Oktoberfest events dating back to calendar year 201 7 and based on this documentation, the losses the Chamber experienced during COVID -19, and the representations the Chamber made regarding steps it was taking to cover the Chamber’s operational costs, and determined that an amendment to the Promissory Note to reflect a not-to-exceed Permit fee of $25,000 for the 2021 and 2022 Boogie events and a not-to-exceed Permit fee of $35,000 for the 2019 and 2021 Oktoberfest events was reasonable.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell hereby authorizes the issuance of a Downtown Special Events Permit for the Chamber ’s 2023 Boogie event , authorizes a not-to exceed Permit fee of $25,000 for the 2023 Boogie event, and approves an amen dment to the

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Packet Pg. 172
Attachment: Resolution Approving Downtown Special Event Permit and Fee Waiver and Amendment to Promissory Note_Chamber (Resolution Promissory Note to reflect a not-to-exceed Permit fee of $25,000 for the 2021 and 2022 Boogie events and a not-to-exceed Permit fee of $35,000 for the 2019 and 2021 Oktoberfest events.

PASSED AND ADOPTED this day of May, 2023 by the following roll call vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED:

________________________
Anne Bybee, Mayor

ATTEST:

_______________________
Andrea Sanders, City Clerk

16.a
Packet Pg. 173
Attachment: Resolution Approving Downtown Special Event Permit and Fee Waiver and Amendment to Promissory Note_Chamber (Resolution

City
Council
Report

TITLE: Resolution Commending Officer James Cooper for Over 7 Years of Service to the City of Campbell (Resolution/Roll Call Vote)

RECOMMENDED ACTION

That the City Council adopt a resolution commending Officer James Cooper for his over 7 years of service to the City of Campbell.

BACKGROUND

Officer James Cooper retired from the City of Campbell (City) Police Department on April 5, 2023. At this time, it would be app ropriate for the City Council to adopt a Resolution commending Officer James Cooper for his outstanding service to the City.

DISCUSSION

Officer James Cooper began working for the City on December 15, 2015. Officer Cooper first began his law enforcement career with the Hillsborough Police Department in 1987. After serving over seven years with the Hillsborough Police Department, Officer Cooper served over twenty years with the San Jose Police Department prior to joining the Campbell Police Department.

During his time with the Campbell Police Department, Officer Cooper served as a Patrol Officer, Field Training Officer, Bike Patrol Team member, and Financial Crimes Detective. Having previously served in the Mounted Unit at the San Jose Police Department, Officer Cooper created the first Mounted collateral assignment, proudly representing the Campbell Police Department at memorial services and ceremonies throughout the state.

Officer Cooper’s contributions to the Campbell Police Department, and the relationships he developed within the Campbell community have been an asset to th e Campbell Police department and to the City.

FISCAL IMPACT

There is no fiscal impact associated with this commendation.

Item: 17
Category: CONSENT CALENDAR
Meeting Date: May 16, 2023
17 Packet Pg. 174
Commending Officer James Cooper for Over 7 Years of Service Page 2 of 2

Prepared by:

Dan Livingston, Police Captain

Reviewed by:

Gary Berg, Police Chief

Approved by:

Angelique Gaeta, Assistant City
Manager

Attachment:
a. Officer James Cooper resolution
17 Packet Pg. 175
RESOLUTION NO. _____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL COMMENDING OFFICER JAMES COOPER ON HIS OVER 7 YEARS OF SERVICE TO THE CITY OF CAMPBELL AND HIS 35 YEARS OF DEDICATED SERVICE TO THE

LAW ENFORCEMENT PROFESSION

WHEREAS, Officer James Cooper became a Police Officer for the City of Campbell in December 2015; and

WHEREAS, Officer Cooper previously served as Police Officer for the Town of Hillsborough and the City of San Jose prior to beginning his career with the City of Campbell; and

WHEREAS, Officer Cooper served the City of Campbell as a Patrol Officer, Financial Crimes Investigator, Bike Patrol Team member and Field Training Officer; and

WHEREAS, Officer Cooper proudly represented the Campbell Police Department as a Mounted Unit Officer throughout the state at memorial services and ceremonies in addition to supporting other agency’s Mounted Unit operations; and

WHEREAS, Officer Cooper has always had a commitment to providing excellent service to the Campbell community.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell recognizes and c ommends Officer James Cooper on his retirement from the City of Campbell after over 7 years of service and after 35 years of dedicated service to the law enforcement profession.

PASSED AND ADOPTED this day of May, 2023 by the following roll call vote:

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers

APPROVED:

________________________
Anne Bybee, Mayor
ATTEST:

____________________________________
Andrea Sanders, City Clerk

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Packet Pg. 176
Attachment: Officer James Cooper resolution (Commending Officer James Cooper for Over 7 Years of Service) City
Council
Report
TITLE: Resolution Commending Agent Martin Rivera for Over 26 Years of Service to the City of Campbell(Resolution/Roll Call Vote)

RECOMMENDED ACTION
That the City Co uncil adopt a resolution commending Agent Martin Rivera for his over 26 years of service to the City of Campbell.

BACKGROUND
Agent Martin Rivera retired from the City of Campbell (City) Police Department on May 12, 2023. At this time, it would be appropriate for the City Council to adopt a Resolution commending Agent Martin Rivera for his outstanding service to the City.

DISCUSSION
Agent Martin Rivera began employment with the City of Campbell on July 1, 1996.

During his time with the Police Departmen t, Agent Rivera served in many capacities as both an Officer and an Agent. Agent Rivera was assigned as a Field Training Officer, Task Force Agent at the Santa Clara County Specialized Enforcement Team, Patrol Watch Commander, Investigation’s Agent, Major Accident Investigations Team member, Sexual Assault Detective, Traffic Supervisor, Crime Scene Response Team member, and Bike Patrol Team member.

Agent Rivera was also a member of the Special Weapons and Tactics (SWAT) team for over 12 years, where he served as a SWAT team member and sniper.

Agent Rivera’s contributions to the Police D epartment, and the relationships he developed within the Campbell community have been an asset to th e Police Department and to the City.

FISCAL IMPACT
There is no fiscal impact associated with this commendation.

Item: 18
Category: CONSENT CALENDAR
Meeting Date: May 16, 2023
18 Packet Pg. 177
Commending Agent Martin Rivera for Over 26 Years of Service Page 2 of 2 Prepared by:

Dan Livingston, Police Captain
Reviewed by:

Gary Berg, Police Chief
Approved by:

Angelique Gaeta, Assistant City
Manager
Attachment:
a. Agent Martin Rivera resolution
18 Packet Pg. 178

RESOLUTION NO. _____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL COMMENDING AGENT MARTIN RIVERA ON HIS OVER 26 YEARS OF SERVICE TO

THE CITY OF CAMPBELL

WHEREAS, Agent Martin Rivera became a Police Officer in July 1996; and

WHEREAS, Agent Rivera has served as a Patrol Officer, Agent, Traffic Supervisor, Watch Commander, Detective, and Investigation’s Agent; and

WHEREAS, Agent Rivera has served in many specialty assignments including Field Training Officer, Major Accident Investigation Team member, Bike Patrol Team member, and Crime Scene Response Team member; and

WHEREAS, Agent Rivera was assigned to the Santa Clara County Specialized Enforcement Team as a Narcotics Detective; and

WHEREAS, Agent Rivera honorably served as a member of and sniper for the Special Weapons and Tactics (SWAT) Team for over 12 years; and

WHEREAS, Agent Rivera has always had a commitment to providing excellent service to the Campbell community.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell recognizes and commends Agent Martin Rivera on his retirement from the City of Campbell after over 26 years of service.

PASSED AND ADOPTED this day of May, 2023 by the following roll call vote:

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers

APPROVED:

________________________
Anne Bybee, Mayor
ATTEST:

____________________________________
Andrea Sanders, City Clerk

18.a
Packet Pg. 179
Attachment: Agent Martin Rivera resolution (Commending Agent Martin Rivera for Over 26 Years of Service)

City
Council
Report

TITLE: Public Hearing to Consider the Request of Loretz Construction, Inc. on Behalf of David M. Foulkes, Trustee, for a Zoning Exceptio n to Allow an Approximately 666 Square -Foot Expansion (Inclusive of a 557 Square -Foot Garage Addition and 109 Square -Foot Living Area Addition) of an Existing Accessory Dwelling Unit ("Carriage House") Previously Approved by a Conditional Use Permit (UP 96 -04), on a Landmark Property Listed on the Campbell Historic Resource Inventory (HRI), Commonly Known as the Littleton -Martin House, Located at 1690 Littleton Place in the R -1-9-H (Single -Family Residential / Historic Overlay) Combining Zoning District), I ncluding Exceedance of the Maximum Allowable Size for an Accessory Dwelling Unit, an Exception to the Expansion Prohibition for Legal Non-Conforming Structures, and Exceptions to the Special Provisions for Accessory Dwelling Units Located on Historic Properties. (Resolution/Roll Call Vote)

RECOMMENDED ACTION

The Planning Commission and Historic Preservation Board recommend that the City Council adopt a Resolution approving a Zoning Exception to allow an approximately 666 square-foot expansion of an existing accessory dwelling unit ("carriage house").

ENVIRONMENTAL DETERMINATION
Staff recommends that the City Council accept the determination that this application is Categorically Exempt under Section 15331, Class 31 of the California Environment Quality Act (CEQA), pertaining to projects involving the maintenance, rehabilitation, restoration, preservation, or reconstruction of historical resources, provided that the activity is consistent with The Secretary of the Interior's Standards for the Treatment of Historic Properties.

PROJECT DATA
Zoning Designation: R-1-9-H (Single-Family Residential / Historic Overlay) General Plan Designation: Low-Density Residential (less than 4.5 units/gr. acre) Net Lot Area: 25,996 square-feet 9,000 square -feet (Min.

Required)
Item: 19
Category: PUBLIC HEARINGS AND

INTRODUCTION OF

ORDINANCES
Meeting Date: May 16, 2023
19 Packet Pg. 180
PLN-2022-158 ~ 1690 Littleton Pl. - Zoning Exception Page 2 of 13 Density: 1.5 units/gr. acre 4.5 units/gr. acre. (Max.

Allowed)
Building Height ("Carriage House"): 25-feet (Max. Height) | 18-feet (Proposed Addition) Building Square Footage
"Carriage House" (ADU):

Existing Living Area (1st-flr): 916 square feet
Existing Living Area (2nd-flr): 515 square feet
Proposed Living Area (1st-flr): 109 square feet
Proposed Attached Garage: 557 square feet
2,096 square feet (Total "Carriage House")
Primary Residence (Landmark)
Existing Living Area (1st-flr): 2,037 square feet
Existing Living Area (2nd-flr): 2,042 square feet
4,089 square feet (Total Primary Residence)
Floor Area Ratio (FAR): .25 ± .45 (Max. Allowed) Building (Lot) Coverage: 15% ± 40% (Max. Allowed)
Parking: 2 spaces (covered) 2 spaces required
Setbacks ("Carriage House"): Proposed Required
Front (north): 70 feet 20 feet
Side (east): 7 feet 4 feet
Side (west): 105 feet 4 feet
Rear (south): 6 feet 4 feet

DISCUSSION
Project Site: The 0.60 acre project site is located along Littleton Place, a small cul -de- sac off Harriet Avenue, between Westmont and Hacienda Avenues, within the San Tomas Area, as shown on the aerial map, below. The property is surrounded by residences on all sides.
19 Packet Pg. 181
PLN-2022-158 ~ 1690 Littleton Pl. - Zoning Exception Page 3 of 13

The property is developed with a single -family residence in a neo -classical style constructed circa 1905, commonly known as the Littleton -Martin House (reference Attachment B – Site Photographs). The house was designated as a landmark by the City Council on February 19, 1991, through adoption of Ordinance No. 1831 (reference Attachment C )1. According to the City's DPR form (reference Attachment D ), the home was constructed by the Littletons, an English couple who sold the property shortly thereafter to A.J. and Harriet Martin (for whom Harriet Avenue is named). A more detailed synopsis of the property's origin and history is provided in the Project Evaluation prepared by Mark Sandoval Architects, Inc., and submitted by the applicant, included as Attachment E.

Property Background : The property is currently developed with the Littleton -Martin House along with a secondary structure colloquially referred to as the "carriage h ouse".

The "carriage house," and a separate barn structure were part of the original estate but became separated from the principal residence when the property was subdivided shortly after its landmark designation. Although the City allowed demolition of b oth the "carriage house" and the barn structure, the "carriage house" was ultimately preserved by its relocation onto the same newly created parcel as the Littleton-Martin House.

The use of the "carriage house" as a legal second dwelling was formalized to what today would be classified as an accessory dwelling unit (ADU) by the Planning Commission's approval of a Conditional Use Permit (UP 96 -04 ) on June 11, 1996 (reference Attachment F – PC Resolution No. 3031). During this period, ADUs were not ministeri al and instead required approval of a Conditional Use Permit and were limited to a height of 14-feet. In addition, the Planning Commission approved a Variance (V 96-01) that allowed an exceedance to the 14-foot building height maximum to allow a

1 Prior to the estate's subdivision, the property had been addressed as1228 Harriet Avenue 19 Packet Pg. 182
PLN-2022-158 ~ 1690 Littleton Pl. - Zoning Exception Page 4 of 13 25-foot bu ilding height, in recognition of the unusual circumstances of the Landmark property.

Additionally, during this period ADUs were also limited to a maximum living area of 640 square-feet, compared to the current standard of 1,200 square -feet. However, the Zoning Code had also provided an exception to the 640 square -foot maximum for properties that exceeded 250% the minimum lot area of their zoning district (e.g., a 15,000 square-foot lot in an R -1-6 Zoning District). Such properties were permitted to have an ADU as large as the applicable floor -area-ratio (FAR) and Building Lot Coverage would allow. As such, the 1,431 square-foot "carriage house" was permissible without a Variance for its size in 1996. This exception was eliminated when the City adopted its modern ADU ordinance in 2016 largely due to its very limited use.2 Proposal: The application for a Zoning Exception would allow an approximately 666 square-foot expansion of the existing "carriage house," including the proposed 557 square-foot garage and 109 square-foot additional living area accommodating a walk -in closet and additional bathroom (reference Attachment G – Project Plans). The project would include removal of an existing deck located to the rear of the "carriage house," and construction of a co ncrete driveway to replace existing asphalt through the interior of the property.

Administrative Procedure : The following explains the need for the requested Zoning Exception and why neither a Historic Resource Alteration Permit nor a Tree Removal Permit are required for the project.
• Zoning Exception : Listed under the "Incentives for preserving Historic Resources" section of the Historic Preservation Ordinance (CMC Sec.

21.33.150), a Zoning Exception is a land use permit intended to "provide a degree of fl exibility from the Zoning Ordinance as necessary to minimize impact to the historic character of a historic resource." This mechanism may be utilized to consider a deviation from any zoning code standard, provided that the City Council, as the decision -making body, can affirmatively establish the findings for approval, as discussed under 'Analysis'.

The Zoning Exception was restructured in the 2018 Historic Preservation Ordinance update having previously been called a "Historic Exception". Although the Zoning Exception process in its current iteration has yet to be used, the City did approve two Historic Exceptions prior to 2018.

This included a 2015 Historic Exception approval that allowed an increase of the maximum FAR to permit an expansion of a mezzanine into a full-level floor within

2 Additionally, per California Government Code § 65589.5, in cases where the general plan and zoning ordinance do not match, a project is only required to comply with t he general plan. As such, properties with an R-1 "single-family" zoning designation that are sufficiently large to accommodate two dwellings on a gross acre basis per their General Plan designation are permitted to construct two primary dwelling units. As a result, there is no need to grant a special allowance to overly -sized properties to allow for larger ADUs.
19 Packet Pg. 183
PLN-2022-158 ~ 1690 Littleton Pl. - Zoning Exception Page 5 of 13 the Grower's National Bank Building. In 2017, a Historic Exception approval allowed an addition to the single-family residence located at 20 Alice Avenue that resulted in a 5 -ft building separation between the house and deta ched garage where 10-feet would normally be required.

Because of the 2016 ADU Ordinance update, the "carriage house" is now a legal non-conforming structure because it exceeds the current living area maximum of 1,200 square-feet (CMC Sec. 21.23.030.G). It also became non-conforming with regard to the placement, height, and design requirements for ADUs on historic properties (CMC Sec. 21.23.060), adopted as part of the 2019 ADU Ordinance update. As a result, any additional living area or attachment of a gara ge, no matter the size, is prohibited under the Zoning Code's non -conforming ("grandfathered") provisions (CMC Sec. 21.58.050.D.1). The requested Zoning Exception would allow exceptions to these limitations to allow the proposed addition. Note that the pro posed Zoning Exception request does not include a setback exception because the proposed addition exceeds the State requirement of 4-feet for ADUs.
• Historic Resource Alteration Permit : The Historic Preservation Ordinance specifies that " any alteration to a landmark or historic district property" must be approved through a Historic Resource Alteration Permit request (CMC Sec.

21.33.080). The definition for the term "alteration," below, makes reference to changes to the "historic resource," which itself is de fined as the "building or structure or portion thereof or assemblage thereof…" located on a designated property.
"Alteration (alter)" means any exterior modification or change to a historic resource, including, but not limited to, material change, additio n, and new construction. Alteration shall not include ordinary maintenance and repair.

"Historic Resource " means a structure of merit, landmark, or historic district property that has been officially designated on the historic resources inventory as havi ng aesthetic, architectural, cultural, or engineering interest or value of a historical nature in accordance with the provisions of this chapter, and supported under city, state, or national review criteria (e.g., completed DPR 523 Forms, architectural que stionnaire). A historic resource can be a building or structure or portion thereof or assemblage thereof , object, site, place, district or contributing member to a district, sign, landscape, natural feature.

This application was initially accepted as an ap plication for a Tier 1 Historic Resource Alteration Permit under the assumption that the "carriage house" structure was a defined component of the property's landmark designation.

However, the City Council's landmark designation —per Ordinance No. 1831 — was limited to the Littleton -Martin House only, not any ancillary structures or the grounds. This was specifically noted in a July 11, 1994, HPB Staff Report to consider the historical assessment of the Littleton -Martin House that stated, "the 19 Packet Pg. 184
PLN-2022-158 ~ 1690 Littleton Pl. - Zoning Exception Page 6 of 13 carriage house, barn, and the property surrounding the historic landmark were not included in the historic landmark designation." As such, this proposal does not require a Historic Resource Alteration Permit because the "carriage house" is not considered a component of the designated historic resource. • Tree Removal Permit : This application proposes to remove nine (9) trees, as listed in the applicant's tree inventory table (of trees in the immediate area of the proposed addition):

The City's Tree Preservation Ordinance e stablishes two sets of rules governing the specific types of trees that are considered "protected" and therefore require approval of a Tree Removal Permit to remove. The general rule is that the removal of any tree (excepting Eucalyptus) larger than 12 -inches in diameter (DBH) requires a permit, except for "developed single -family residential properties," as defined, below, where only Oak, Redwood, Cedar, and Ash trees are "protected."
"Developed single -family residential property" means any legal lot of record with a minimum net lot area of six thousand square feet that is developed with a main dwelling unit and zoned either "single -family" (R-1), or "planned development" (PD), and cannot be further subdivided into additional lots under its current zoning designation.

Although the definition of developed a "single -family residential property" would generally exclude a property as large as the project site, due to the potential for further subdivision, the property's landmark designation actually precludes its subdivision without an amendment to the landmark boundary, which would constitute a Zoning Map Amendment. As a result, the subject property is defined 19 Packet Pg. 185
PLN-2022-158 ~ 1690 Littleton Pl. - Zoning Exception Page 7 of 13 as "developed single -family residential property," such that none of the trees proposed for removal require a Tree Removal Permit.

ANALYSIS
Findings for Approval : In order to approve the Zoning Exception, the Council must affirmatively determine the project meets the findings for approval. Findings establish the evidentiary basis for a City's decision to grant or deny a land use approval and to impose conditions of approval necessary to meet the findings. The applicant has submitted a statement (reference Attachment H ) that provides a background of the property, the personal basis for the request, and his assessment of the required findings for a Zoning Exception. The following identifies each finding in italics, followed by the applicant's statements and staff's assessment:

1. The zoning exception will facilitate development and use of a historic resource in a manner that is more consistent with its historic character than would be possible under strict compliance with the Zoning Ordinance; Applicant Statement : The proposed location of the garage would have no impact on the historical character of the home or carriage house for the following reasons:
• My property is unique, having the original house now backwards on the property with the dramatic front of the house facing the back yard. Next to it the carriage house is facing the street, so to preserve the two h istoric vantage points, I cannot put a garage in front of the carriage house nor behind the main house.
• The property has a 300 plus year old heritage oak tree on the property and with the canopy and root system takes up a large part of the yard which otherwise could house a garage.
• There is an easement running through the property from one side to the other for storm drain access by the city, so that cannot be built on, eliminating the other corner of the property.
• Given those restrictions, there is no plac e on the property that a garage can be built without impacting the character of the house except the small notch of land behind the carriage house – which is now a rickety and relatively recently build deck.
• The location of the garage would not impact the historic views of either house. It would not obstruct any historic characteristics of the carriage house as the rear of the house was remodeled and changed sometime in the 1970’s.
• The neighbors would not be impacted as their garages line both sides of the notch property – one being 2 feet from my fence line and the other being around 4 feet. Our project would have a larger setback that either of those with landscaping to hide the garage from the neighbors. 19 Packet Pg. 186
PLN-2022-158 ~ 1690 Littleton Pl. - Zoning Exception Page 8 of 13 • Finally, as the carriage house originally held carr iages and subsequently cars, it would be returning to its original function, in the same location vis a vis the building where the carriages/cars would have been historically – before the carriage house was moved onto the current parcel from across the street.

Staff Assessment: At question with this finding is, could the applicant construct the proposed garage (the primary purpose of the proposal), as a detached structure, in a manner consistent with the applicable zoning standards without impairing the landmark structure. Several factors weigh in this question:

• Firstly, the property is encumbered by a 15-foot storm-drain easement that crosses the extent of the property, limiting a wide -swath of property from development.
• Secondly, the Zoning Code preclude s placement of accessory structures in the front half of the lot and/or in front of the main house, requiring such structures to be placed behind (or to the side of) the main house and on the rear half of the lot.

However, placement of a detached garage be hind the house would obscure the view of the structure's principal frontage by restricting the ability of a viewer to see structure head -on. This placement could, arguably, diminish the historic integrity of the landmark structure in a manner that could be seen as inconsistent with The Secretary of the Interior's Standards , which speaks to the need to not overly disturb the relationship between buildings and site features on a property. • Lastly, a large "protected" Oak tree at the southwest corner of the property would make it challenging to construct a detached garage in that location due to the need to stay away from the critical root zone of the tree.

As illustrated, below, the combination of these factors restricts placement of a detached garage on the property, such that the applicant's proposed location would be more consistent with the landmark's historic character than would be possible under strict compliance with the Zoning Ordinance. 19 Packet Pg. 187
PLN-2022-158 ~ 1690 Littleton Pl. - Zoning Exception Page 9 of 13

2. The zoning exception will not adversely impact property or public rights -of-way in the surrounding neighborhood or within a historic district; Applicant Statement : The original home was a large farm with a large b arn and carriage house in the back of the property which is now the cul -de-sac and other homes. With the carriage house moved onto the current property and the house now backwards facing the back yard – the goal of this project would be to unify the proper ty and reincorporate the carriage house and yard into a seamless and beautiful homestead.

With the addition of the garage – my historic cars would be preserved and visible while not creating an eyesore on the property or something out of character. I would be able to then remove a great deal of pavement in the yard and return it to the wonderful gardens it once was. The carriage house would lose its “separate” identity with gates and a separate entrance (currently making it appear to be a separate property) and be unified with the main house. This would return both homes in a single unified property as it had been in the past.

Strict compl iance with the current zoning is inconsistent with any of the surrounding homes, and would diminish rather than enhance t he views of the historic home and its functionality.

Staff Assessment : The proposed addition would not be generally visible from the right-of-way, given its placement to the rear of the "carriage house". Although the project would result in a structure clo ser to the rear property line, State law has already established the permissibility for ADUs to be located as close as 4 - feet against side and rear property lines.

In comparison, the proposed addition would result in a 6 -ft+ setback, comparable to the set back requirement for detached accessory structures under the San Tomas Area Neighborhood Plan (STANP).
19 Packet Pg. 188
PLN-2022-158 ~ 1690 Littleton Pl. - Zoning Exception Page 10 of 13

3. The zoning exception will not negatively impact the integrity or historic characteristics of the historic resource;
Applicant Statement: As mentioned abo ve, the historic aspects of the carriage house are the front and sides with the original architectural features and siding. The rear of the property where the garage would be added was re -done in the 1970’s with aluminum windows and non -original siding. Th e deck off the house is poor newer construction.

None of the historic features of the house would be damaged, the new roof and painting would do much to protect the entire structure from the decay is it currently experiencing, and the addition would have architectural features which match the historic nature of the building while meeting all of the Secretary of the Interior’s guidelines for additions.

Staff Assessment : The proposed project would not physically alter the Landmark structure. And as noted, in Finding No. 1, the proposal would not obscure the view of this resource, in keeping with the guidance of The Secretary of the Interior's Standards for the Treatment of Historic Properties.

4. The zoning exception is the minimum departure from the requirements of the Zoning Ordinance; and
Applicant Statement: We have spent several months with my architect who specializes in historic preservation and restoration looking for the absolute best way to minimize impact on the property and to meet the zoning ordinance . I believe this plan achieves those goals.

As mentioned, we would have a much larger setback than either of the garages that currently line the fence where the garage would be located. The dimensions of the garage are necessary to fit the cars, and my mot her’s need for a closet, but do not go beyond that. Our original plans for a 4 -car garage were scrapped because of the impact on the property.

Of the 6 properties that connect to my fence line – none of them meeting current zoning requirements. We are aski ng for the minimum needed in the only feasible space on my larger than ½ acre property to allow me to bring my cars home.

Staff Assessment: As noted, the requested Zoning Exception is only required because the City's 2016 and 2019 ADU Ordinance updates rendered the "carriage house" a non -conforming structure, preventing any expansion. To the extent the request allows a modest expansion of the structure that otherwise would have been permitted prior to 2016, which complies with current setback and height requirements for an ADU, and with the property's FAR and Lot Coverage maximums, this proposal can be said to be a minimum departure from the requirements of the Zoning Ordinance.

Moreover, the exceedance of the maximum 1,200 square -foot ADU area is nominal because attached garages are not included against this maximum, only living area is. In this regard, the 109 square feet addition for the walk -in closet and bathroom would only increase the "carriage house" living area by 7.5%, from 19 Packet Pg. 189
PLN-2022-158 ~ 1690 Littleton Pl. - Zoning Exception Page 11 of 13 1,431 square -feet to 1,5 40 square -feet, which is also minimum departure from current requirements.

5. The zoning exception is in conformance with the General Plan, adopted area plan, and applicable design guidelines.

Applicant Statement : The carriage house was moved onto the propert y from its original site across the street and treated by the city as an ADU before current ADU guidelines were established. Thus, it was grandfathered in. The setbacks for the garage exceed any of the setbacks for other garages that abut my property.

The General Plan and design guidelines for Campbell require that this project be located in the area behind the carriage house as any other location on the lot would have a much greater violation of the city’s guidelines. Thus, the need for the zoning exception.

Staff Assessment : As an ADU, the proposed structure is not subject to the design standards of the San Tomas Area Neighborhood Plan. However, one of the requested deviations of the Zoning Exception is relief from the design standards for ADUs on historic properties:
• Type. Only detached and interior accessory dwelling units shall be permitted.

The current "carriage house" would continue to comply with this requirement.
• Placement. A detached accessory dwelling unit shall be placed behind the primary dwelling unit and be located on the rear half of the lot.

The existing "carriage house" is already situated on the property in a manner inconsistent with standard, such that an expansion to the rear of the structure would not result in a materially different rel ationship between the structures or the visibility of the "carriage house" from the street. • Height. A detached accessory dwelling unit shall be a maximum of eighteen feet in height and not exceed one story.

The proposed addition would comply with this standard.
• Design. The design of the detached accessory dwelling unit shall maintain the appearance of the primary dwelling unit, by using similar wall cladding, trim detail, roofing material, building color(s), window frames/trim and divisions, and the predominant roof form and roof pitch.

The "carriage house" already had a distinct architectural style from the landmark structure. The proposed garage addition would maintain this 19 Packet Pg. 190
PLN-2022-158 ~ 1690 Littleton Pl. - Zoning Exception Page 12 of 13 distinction in order to ensure that the addition is architecturally consistent with the "carriage house".

Historic Preservation Board Review : The Board reviewed this application at its March 22, 2023 meeting and recommended approval on a 3 -0-1-1 vote (Board Member Foulkes abstaining, and Board Member Corteway absent). The Board’s discuss ion was brief, with a question as to why the Board was reviewing the application since the “carriage house” was not a component of the landmark designation (reference Attachment I – Meeting Minutes).

Planning Commission Review: The Commission reviewed this application at its April 25, 2023, meeting and recommended approval on a 7-0 vote. The Commission's discussion was also brief, with questions focused on the nature of the request, and concern about tree removal (Zisser). During public comment, the applica nt provided an expanded explanation for the basis of his request. A neighboring resident, Leonid Sapozhnikov, also spoke in opposition to the project (reference Attachment J – Meeting Minutes).

Public Comment: One email was received from a neighbor in oppo sition to the project (reference Attachment K).

FISCAL IMPACT
There is no fiscal impact associated with this action.

Prepared by:

Daniel Fama, Senior Planner
Reviewed by:

Rob Eastwood, Community
Development Director
Approved by:

Brian Loventhal, City Manager
19 Packet Pg. 191

PLN-2022-158 ~ 1690 Littleton Pl. - Zoning Exception Page 13 of 13 Attachment:
a. Draft Resolution
b. Site Photographs
c. Ordinance No. 1831
d. DPR Form
e. Historic Project Evaluation, MSA
f. PC Resol No. 3031
g. Project Plans
h. Applicant Statement
i. HPB Meeting Minutes
j. PC Meeting Minutes
k. Neighbor Email
19 Packet Pg. 192
RESOLUTION NO. ___

BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CAMPBELL APPROVING A ZONING EXCEPTION TO ALLOW AN
APPROXIMATELY 666 SQUARE-FOOT EXPANSION (INCLUSIVE OF
A 557 SQUARE-FOOT GARAGE ADDITION AND 109 SQUARE-FOOT

LIVING AREA ADDITION) OF AN EXISTING ACCESSORY
DWELLING UNIT ("CARRIAGE HOUSE") PREVIOUSLY APPROVED
BY A CONDITIONAL USE PERMIT (UP 96 -04), ON A LANDMARK

PROPERTY LISTED ON THE CAMPBELL HISTORIC RESOURCE

INVENTORY (HRI), COMMONLY KNOWN AS THE LITTLETON -
MARTIN HOUSE, LOCATED AT 1 690 LITTLETON PLACE IN THE R- 1-9-H (SINGLE -FAMILY RESIDENTIAL / HISTORIC OVERLAY)

COMBINING Z ONING DISTRICT) , INCLUDING EXCEEDANCE OF

THE MAXIMUM ALLOWABLE SIZE FOR AN ACCESSORY

DWELLING UNIT, AN EXCEPTION TO THE EXPANSION

PROHIBITION FOR LEGAL NON -CONFORMING STRUCTURES,

AND EXCEPTIONS TO THE SPECIAL PROVISIONS FOR

ACCESSORY DWELLING UNITS LOCATED ON HISTORIC
PROPERTIES. FILE NO.: PLN-2022-158
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 City Council finds as follows with regard to file number PLN-2022-158:

1. The Project Site is zoned R-1-9-H (Single -Family Residential / Historic Overlay) Combining Zoning District), on the City of Campbell Zoning Map and within the boundaries of the San Tomas Area Neighborhood Plan (STANP).

2. The Project Site is designated Low Density Residential (< 4.5 units/gr. acre) on the City of Campbell General Plan Land Use diagram.

3. The Project Site is an approximately 26 ,000 square-foot parcel located along Littleton Place, a s mall cul -de-sac off Harriet Avenue, between Westmont and Hacienda Avenues.

4. The Project Site is developed with a single-family residence in a neo -classical style constructed circa 1905, commonly known as the Littleton -Martin House , a designated Landmark on the City of Campbell Historic Preservation Inventory.

5. The Landmark designation was granted by the City Council on February 19, 1991, through adoption of Ordinance No. 183 1. This designation was limited to the principal structure—the Littleton-Martin House—and did not extend to the "carriage house", barn, or grounds.

6. On June 11, 1996, the Planning Commission adopted Resolution No. 3031 approving a Conditional Use Permit to allow use of the "carriage house" as a n "additional living unit" (Accessory Dwelling Unit).

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Attachment: Draft Resolution (PLN-2022-158 ~ 1690 Littleton Pl. - Zoning Exception) City Council Resolution Page 2 of 4
PLN-2022-158 ~ 1690 Littleton Pl. – Zoning Exception

7. Due to changes to the City's Accessory Dwelling Unit (ADU) requirement made in 2016 and 2019, the "carriage house" ADU was rendered a non -conforming structure because it now exceeds the current living area maximum of 1,200 square- feet (CMC Sec. 21.23.030.G) and with regard to the placement, height, and design requirements for ADUs on historic properties (CMC Sec. 21.23.060) , respectively.

As a result, any additional living area or attachment of a garage, no matter the size, is prohibited under the Zoning Code's non -conforming provisions (CMC Sec.

21.58.050.D.1).

8. The Proposed Project is an application for a Zoning Exception to allow an approximately 666 square -foot expansion (inclusive of a 557 square -foot garage addition and 109 square -foot living area addition) of the "carriage house" ADU, including exceedance of the maximum allowable size for an accessory dwelling unit, an exception to the expansion prohibition for legal non -conforming structures, and exceptions to the speci al provisions for accessory dwelling units located on historic properties.

9. The Proposed Project does not include a Tier 1 Historic Resource Alteration Permit because the alteration to the "carriage house" does not directly affect the "historic resource," which per Ordinance No. 1831 is limited to the principal structure only.

10. The Proposed Project is limited in such a way that construction of a garage as a detached structure cannot reasonably be achieved in a manner consistent with the applicable zoning standards without impairing the landmark structure in that the subject property is encumbered by a 15-foot storm-drain easement that crosses the extent of the property ; the Zoning Code precludes placement of accessory structures in the front half of the lot and/or in front of the main house, requiring such structures to be placed behind (or to the side of) the main house and on the rear half of the lot; placement of a detached garage behind the house would obscure the view of the structure's principa l frontage by restricting the ability of a viewer to see structure head -on, diminishing the historic integrity of the landmark structure in a manner that could be seen as inconsistent with The Secretary of the Interior's Standard; and a large "protected" O ak tree at the southwest corner of the property restricts construction activity due to the need to avoid the critical root zone of the tree.

11. The proposed project would be consistent with the following General Plan policies:

Policy LUT-8.1: Historic Buildings, Landmarks and Districts and Cultural Resources :

Preserve, rehabilitate or restore the City’s historic buildings, landmarks, districts and cultural resources and retain the architectural integrity of established building patterns within historic residential neighborhoods to preserve the cultural heritage of the community.

Policy CNR-1.1: Historic Resource Preservation : Ensure that the City and its citizens preserve historic resources as much as possible.

Strategy LUT-9.3j: Landmark Preservation : Encourage preservation of existing landmark features on buildings and on building sites.

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Attachment: Draft Resolution (PLN-2022-158 ~ 1690 Littleton Pl. - Zoning Exception) City Council Resolution Page 3 of 4 PLN-2022-158 ~ 1690 Littleton Pl. – Zoning Exception

12. Approval of a Zoning Exception does not relieve the property owners from the requirements of the Chapter 21.23 (Accessory Dwelling Units) of the Campbell Municipal Code.

13. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project.

14. No substantial evidence has been presented which shows that the Proposed Project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment.

Based upon the foregoing findings of fact the City Council further finds and concludes that:

1. The zoning exception will facilitate development and use of a historic resource in a manner that is more consistent with its historic character than would be possible under strict compliance with the Zoning Ordinance;

2. The zoning exception will not adversely impact property or public rights-of-way in the surrounding neighborhood or within a historic district;

3. The zoning exception will not negatively impact the integrity or historic characteristics of the historic resource;

4. The zoning exception is the minimum departure from the requirements of the Zoning Ordinance;

5. The zoning exception is in conformance with the General Plan, adopted area plan, and applicable design guidelines; and

6. This project is Categorically Exempt under Section 15331, Class 31 of the California Environment Quality Act (CEQA), pertaining to projects involving the maintenance, rehabilitation, restoration, preservation, or reconstruction of historical resources, provided that the a ctivity is consistent with The Secretary of the Interior's Standards for the Treatment of Historic Properties.

THEREFORE, BE IT RESOLVED that the City Council approves a Zoning Exception to allow an approximately 666 square -foot expansion (inclusive of a 557 square -foot garage addition and 109 square -foot living area addition) of an existing accessory dwelling unit ("carriage house") previously approved by a Conditional Us e Permit (UP 96-04), on a Landmark Property listed on the Campbell Historic Resource Inventory (HRI), commonly known as the Littleton -Martin House, located at 1690 Littleton Place in the R-1-9-H (Single-Family Residential / Historic Overlay) Combining Zoni ng District), including exceedance of the maximum allowable size for an accessory dwelling unit, an exception to the expansion prohibition for legal non -conforming structures, and exceptions to the special provisions for accessory dwelling units located on historic properties, subject to the attached Conditions of Approval (attached Exhibit “A”).

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Attachment: Draft Resolution (PLN-2022-158 ~ 1690 Littleton Pl. - Zoning Exception) City Council Resolution Page 4 of 4 PLN-2022-158 ~ 1690 Littleton Pl. – Zoning Exception

PASSED AND ADOPTED this _______ day of ________________, 2023, by the following roll call vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

Anne Bybee, Mayor

ATTEST:

Andrea Sanders, City Clerk

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Attachment: Draft Resolution (PLN-2022-158 ~ 1690 Littleton Pl. - Zoning Exception)

CONDITIONS OF APPROVAL
Zoning Exception
PLN-2022-158
Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney or Fire Department is required, that re view 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. Approved Project: Approval is granted for a Zoning Exception to allow an approximately 666 square -foot expansion (inclusive of a 557 square -foot garage addition and 109 square -foot living area addition) of an existing accessory dwelling unit ("carriage house") previously approved by a Conditional Use Permit (UP 96 -04), on a Landmark Property listed on the Campbell Historic Resource Inventory (HRI), commonly known as the Littleton -Martin House, located at 1690 Littleton Place , including exceedance of the maximum allo wable size for an accessory dwelling unit, an exception to the expansion prohibition for legal non -conforming structures, and exceptions to the special provisions for accessory dwelling units located on historic properties. The project shall substantially conform to the Project Plans included as Attachment 'G' in the City Council Staff Report dated May 16, 2023, except as may be modified by conditions of approval contained herein.

2. Permit Expiration: The Zoning Exception ("Approval") shall be valid for one (1) year from the effective date of City Council approval (expiring May 16, 2024). Within this one-year period a Building Permit for the project must be issued pursuant to CMC Sec. 21.56.030.B.1. Failure to meet this deadline or expiration of an issued Building Permit shall result in the Approval being rendered void.

3. Previous Conditions of Approval : The previously approved Conditions of Approval provided in Planning Commission Resolution No. 3031 (UP 96-04/V 96 -01) are hereby void and permanently superseded in their entirety by the Conditions of Approval specified herein.

4. Minor Revisions : Architectural refinements and other minor revisions to the Approved Project Plans may be administratively approved by the Community Development Director pursuant to CMC Sec. 21.56.060.

5. Rough Framing and Planning Final Required : Planning Division clearance is required prior to rough framing and final Building Permit clearance. Construction not in substantial compliance with the approved project plans shall not be approved without prior authorization of the necessary approving body.

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Attachment: Draft Resolution (PLN-2022-158 ~ 1690 Littleton Pl. - Zoning Exception) Exhibit A - Conditions of Approval Page 2 of 3 PLN-2022-158 ~ 1690 Littleton Pl.

6. Deed Restriction: Prior to issuance of a building permit, the property owner shall sign a new deed restriction in conformance with Chapter 21.23 (Accessory Dwelling Units) of the Campbell Municipal Code.

7. Fences/Walls: Except as noted below, a ny newly proposed fencing and/or walls shall comply with Campbell Municipal Code Section 21.18.060 and shall be submitted for review and approval by the Community Development Department.

8. Water Efficient Landscape Standards : As a new construction project with a total project landscape area equal to or less than 2,500 squ are feet , this project is subject to the updated California Model Water Efficient Landscape Ordinance (MWELO) and may comply with the Prescriptive Compliance Option in Appendix D.

This document is available on the City of Campbell's website at:
http://www.cityofcampbell.com/DocumentCenter/View/176 or on the Planning Division’s Zoning and Land Use webpage through www.cityofcampbell.com. The building permit application submittal shall demonstrate compliance with the applicable MWELO and landscaping requirements and shall include the following:

a. Planting and Irrigation Pla ns that meet all requirements of the Prescriptive Compliance Option in Appendix D.
b. A completed Landscape Information Form.
c. A note on the Cover Sheet in minimum 1/2” high lettering stating “Planning Final Required. The new landscaping indicated on the plan s must be installed prior to final inspection. Changes to the landscaping plan require Planning approval.”
Note: If the project landscape area increases during the course of the project, additional requirements will apply.

9. On-Site Lighting : On -site lightin g 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 p rior 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.

10. 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 the issuance of building permits.

11. Construction Activities : The applicant shall abide by the following requirements during construction:

a. 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.
b. 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

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Attachment: Draft Resolution (PLN-2022-158 ~ 1690 Littleton Pl. - Zoning Exception) Exhibit A - Conditions of Approval Page 3 of 3 PLN-2022-158 ~ 1690 Littleton Pl.

shall take place on Sundays or holidays unless an exception is granted by the Building Official.
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. Use standard dust and erosion control measures that comply with the adopted Best Management Practices for the City of Campbell.

Building Division:

12. Permit Required : A building permit application shall be required for the proposed project. The building permit shall include Electrical/Plumbing/ Mechanical fees when such work is part of the permit.

13. Conditions of Approval : The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit.

14. Construction Fencing : This project shall be properly enclosed with construction fencing to prevent unauthorized access to the site during construction . The construction site shall be secured to prevent vandalism and/or theft during hours when no work is being done. All protected trees shall be fenc ed to prevent damage to root systems.

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Attachment: Draft Resolution (PLN-2022-158 ~ 1690 Littleton Pl. - Zoning Exception)

19.b
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Attachment: Site Photographs (PLN-2022-158 ~ 1690 Littleton Pl. - Zoning Exception)

19.c
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Attachment: Ordinance No. 1831 (PLN-2022-158 ~ 1690 Littleton Pl. - Zoning Exception)

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Attachment: Ordinance No. 1831 (PLN-2022-158 ~ 1690 Littleton Pl. - Zoning Exception)

P1. Other Identifier: Campbell Landmark
*P2. Location:  Not for Publication  Unrestricted *a. County Santa Clara and (P2c, P2e, and P2b or P2d. Attach a Location Map as necessary.)
*b. USGS 7.5' Quad Date T; R ; ¼ of ¼ of Sec ; B.M.
c. Address 1228 Harriet Ave. (now 1690 Littleton Place) City Campbell Zip 95008 d. UTM: (Give more than one for large and/or linear resources) Zone , mE/ mN e. Other Locational Data: (e.g., parcel #, directions to resource, elevation, etc., as appropriate) APN: 403-13-129
*P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries)
Two story house, red brick foundation, with wood shiplap exterior siding. Low gable composition shingled roof, with monumental triangular pediment over main entrance. Boxed cornices, plain, with enclosed rafter ends. Half-round window over entry, which consists of glass door, framed by narrow rectangular windows at either side. Balcony over open front porch area; pediment is supported by four large round columns.

*P3b. Resource Attributes:
(List attributes and codes) HP2 Single Family Residence *P4. Resources Present:  Building Structure Object Site District Element of District Other (Isolates,
etc.)

P5b. Description of Photo: (view,
date, accession #) Front Façade,
07/24/07

*P6. Date Constructed/Age
and Source: 
Historic  Prehistoric
 Both
Estimated 1905

*P7. Owner and Address:

*P8. Recorded by: (Name,
affiliation, and address)
Peggy Coats
Campbell Museum
51 N. Central
Campbell, CA 95008
*P9. Date Recorded: May 1986

*P10. Survey Type: (Describe)

*P11. Report Citation: (Cite
survey report and other sources, or
enter "none.")
Inventory Update

*Attachments: NONE Location Map Continuation Sheet  Building, Structure, and Object Record Archaeological Record District Record Linear Feature Record Milling Station Record Rock Art Record
Artifact Record Photograph Record  Other (List):

State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI #
PRIMARY RECORD Trinomial
NRHP Status Code

Other Listings
Review Code Reviewer Date

P5a. Photograph or Drawing (Photograph required for buildings, structures, and objects.)

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Attachment: DPR Form (PLN-2022-158 ~ 1690 Littleton Pl. - Zoning Exception)

*NRHP Status Code

B1. Historic Name: Littleton House – A.J. and Harriet Martin House B2. Common Name: Littleton- Martin House

B3. Original Use: Farm House B4. Present Use: Residential *B5. Architectural Style: Portico suggests shades of classical Greek revival, and Victorian Gothic characteristics, the rest of the house is “traditional Clapboard”

*B6. Construction History: (Construction date, alterations, and date of alterations)

*B7. Moved? No Yes Unknown Date: Original Location: 1228 Harriet Ave

*B8. Related Features: Many ancient oak trees, and two carriage houses.

B9a. Architect: b. Builder: J. W. Littletons
*B10. Significance: Theme Architecture Area

Period of Significance Property Type Residential Applicable Criteria
(Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity.)

This house was built around 1905 on a 26 acre site owned by the Littletons, and English couple, who occupied it for only a short while before returning to England, reported due to displeasure over the noise emanating from the Vasona Junction cutoff railroad (built 1907) near Pollard road. Harriet and A.J. Martin then purchased the place, where she lived after his death prior to 1936. Harriet Avenue in Campbell was named after her. In 1936, Mrs. Martin married Arthur Michael Roesch, and the house was sold in 1938.

B11. Additional Resource Attributes: (List attributes and codes)

*B12. References:

Staff Report – Historic Preservation Board Meeting of July 11, 1994

Telephone Interview with Mrs. Ralph (Mary Barbara
Roesch)

B13. Remarks:

*B14. Evaluator:

See P8
*Date of Evaluation: See P9
State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI#

BUILDING, STRUCTURE, AND OBJECT RECORD
(This space reserved for official comments.)

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Attachment: DPR Form (PLN-2022-158 ~ 1690 Littleton Pl. - Zoning Exception) New
Garage Addition
To the Existing
Littleton/Martin Carriage
House Located at
1690 Littleton Place
Campbell, CA
Project Evaluation
Prepared for Mike Foulkes
1690 Littleton Place
Campbell, CA 95008
Da
te: 11/5/22

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Attachment: Historic Project Evaluation, MSA (PLN-2022-158 ~ 1690 Littleton Pl. - Zoning Exception) 1690 Littleton Place
Campbell, CA

Project Evaluation M. SANDOVAL ARCHITECTS, INC.

Date November 5 2022
Page: 1

SUMMARY OF THE PROJECT
The current owner of the property located at 1690 Littleton Place wishes to add a two-car garage, walk-in closet, and small bathroom to an existing one-and-a-half-story residence that shares the property with the Historic Littleton/Martin House. Improvements shall include both restoration work to existing areas of the small structure affected by the new addition, including replacement of the roof, limited electrical and plumbing upgrades, and painting of the exterior of the building, along with site work and new driveway improvements. All new construction work including the proposed new garage addition will be located at the rear of the building, and shall be attached to the single-story portion of the building that is not original.

LITTLETON/MARTIN HOUSE (HISTORICAL CONTEXT)
The subject property is located on a relatively flat 0.6-acre lot situated on the western side of Littleton Place between Westmont Avenue and Harriet Avenue in the City of Campbell. The largest of the six individual family lots found within this subdivision, the lot is occupied by two residential structures.

The first is a very large two-story historic neoclassical-styled farmhouse designed by the notable San Jose architectural firm of Frank Wolfe and Charles McKenzie in the early 1900s and is also a City Historic Landmark known as the Littleton/Martin House (designated in 1989). The second is a smaller one-and-a-half-story residential structure, also referred to as the “Carriage House.” Records show, albeit not necessarily conclusively, that both residential structures, along with a barn (previously demolished), may have been constructed around the same time by Augustus W. Littleton as part of his original 15-acre estate property, which he had purchased from Ella and George Beaver in 1901.

It is believed that Littleton began to acquire additional adjacent properties, eventually acquiring an estate totaling over 70 acres. The noise from the newly constructed railroad line, however, apparently disturbed Mrs. Littleton’s peaceful recuperations, and when she could no longer tolerate the noise of the trains passing by the nearby Vasona Junction, the Littletons sold the property to Mr. W. J.

Conatser and returned to Oxford, England, in 1908.

The ownership chronology appears to be unavailable between this period and the property’s acquisition by A. J. and Harriet Martin. Oral tradition tells us that around the 1920s, the Martins were credited with constructing a small residence. Although no evidence has surfaced to prove or disprove the notion, this small new residence may have simply been a conversion of the Littletons’ original carriage house, constructed sometime before 1908, into a habitable guest or servant quarters space.

After the death of her husband, Harriet married her widowed next-door neighbor, Arthur M. Roesch, in 1936. Roesch was employed as a supervisor for the Flying A Gas Company and maintained an orchard and a chicken ranch near the intersection of Fawn Avenue and Archer Way. Formally known as Allendale Avenue, Harriet Avenue was dedicated in 1937. Harriet Roesch would sell 15 acres to Felice and Mary Helen Bersano in 1938. The Bersanos were the owners of Villa Felice restaurant in Saratoga. An active member of the Orchid Society, Mrs. Bersano raised orchids on the property in addition to maintaining the orchards.

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Attachment: Historic Project Evaluation, MSA (PLN-2022-158 ~ 1690 Littleton Pl. - Zoning Exception) 1690 Littleton Place
Campbell, CA
M. SANDOVAL ARCHITECTS, INC.

Date November 5, 2022
Page: 2
Project Evaluation
In 1953, the Bersanos sold 5 acres containing the farmhouse, barn, and small residence to James and Louise Tolosano. The Bersanos retained the remaining 10 acres, but as a provision of the sale, they recorded an easement for irrigation and water lines between the two properties. The Tolosanos had resided for many years on North Fourth Street in San Jose, where James worked for a trucking company and Louise worked as an office manager. After their move to Campbell, they also harvested fruit from their small orchard. In the 1960s, the Tolosanos subdivided the property, moing several rental houses on the lots facing Harriet Avenue. In 1977, they sold the property fronting Hacienda Avenue to a townhouse complex. Later, Mrs. Tolosano split the remaining acreage so that she retained a half-acre with the farmhouse and her son James the remaining 1.39 acres of land occupied by the original barn and small residence, in addition to other outbuildings.

In 1992, the City Council approved the subdivision of the property, with the Littleton/Martin neoclassical farmhouse occupying the largest of six individual lots. On July 20, 1994, the Preservation Board for the City of Campbell conditionally approved the demolition of both the barn and the small residence by the then-current owner of the property, James Tolosano, subject to the photo documentation and salvage of the two buildings.

Fortunately, the demolition of this small one-and-a-half-story residence was avoided because of an agreement reached by the developer Bruce Bowen and David Rogers (who owned the lot occupied by the Littleton/Martin Home) to relocate the building to the eastern corner of his 0.6-acre property to be used as a second living unit. In 2011, the property was purchased by Michael Foulkes.

SMALL RESIDENCE/CARRIAGE HOUSE
The one-and-a-half-story residence is similar in form and features a hipped roof with a centered gable.

It also reflects the neoclassical style of the main house, with boxed eaves, a wide frieze band, dentil molding, and tri-lap bungalow wood siding with fluted milled corner boards. Fenestration is mixed with single and paired sashes, with small multi-pane transoms over fixed and operable sash windows, and large multi-pane fixed putty-glazed picture windows that flank the front entrance door to the home. The entrance is placed below a small covered porch supported by vertical wood posts (two posts set next to the wall and three posts at each outer corner). A small open balcony with a wood constructed guardrail is accessed by a five-horizontal-divided-pane French door from the half-story above. In 1963, a single-story addition of a covered carport and shop was added to the building. It was later enclosed and its interior remodeled to add two small bedrooms and a bathroom to this small residential structure.

Other visible building alterations include upper and lower balcony railings on the north exterior elevation; the two larger fixed-putty glazed kitchen and living room windows on the north elevation; the small wood-framed gable roof on the east exterior elevation; the metal stovepipe and flue located on the west elevation; the raised main entry aluminum porch handicap ramp accessing the driveway; and the wood constructed steps, handrails, and deck placed at the rear of the building to the south.

EVALUATION FRAMEWORK: THE CALIFORNIA ENVIRONMENTAL QUALITY ACT

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Campbell, CA

Project Evaluation M. SANDOVAL ARCHITECTS, INC.

Date November 5 2022
Page: 3
The California Environmental Quality Act (CEQA) provides the legal framework by which historical resources are identified and given consideration during the planning process. The law was adopted in 1970 and incorporated in the Public Resources Code §§ 21000–21177. CEQA’s basic functions are to:
• Inform governmental decision-makers and the public about the potential significant environmental effects of proposed activities;
• Identify ways to reduce or avoid adverse impacts;
• Offer alternatives or mitigation measures when feasible; and • Disclose to the public if significant environmental effects are involved in an approved project.

CEQA applies to projects undertaken, funded, or requiring the issuance of a permit by a public agency.

The analysis of a project required by CEQA usually takes the form of an Environmental Impact Report (EIR), Environmental Impact Statement (EIS), Negative Declaration (ND), or Environmental Assessment (EA). Generally, a project that follows the Secretary of the Interior’s guidelines will be considered mitigated to a less than significant level, according to CEQA Guidelines § 15064.5(b)(3).

THE CALIFORNIA REGISTER CRITERIA FOR EVALUATION (CRHR)
The CRHR is the official list of properties, structures, districts, and objects significant at the local, state, or national level. California Register properties must have significance under one of the four following criteria and must retain enough of their historic character or appearance to be recognizable as historical resources and convey the reasons for their significance (i.e., retain integrity). The California Register utilizes the same seven aspects of integrity as the National Register. Properties that are eligible for the National Register are automatically eligible for the California Register. Properties that do not meet the threshold for the National Register may meet the California Register criteria.

1. Criterion 1: (NRHP Criterion A) Associated with events that have made a significant contribution to broad patterns of local or regional history, or the cultural heritage of California or the United States;

2. Criterion 2: (NRHP Criterion B) Associated with the lives of persons important to local, California, or national history;

3. Criterion 3: (NRHP Criterion C) Embodies the distinctive characteristics of a design-type, period, region, or method of construction, or represents the work of a master, or possesses high artistic value; or

4. Criterion 4: (NRHP Criterion D) Yields important information about the prehistory or history of the local area, California, or the nation.

CRHR criteria are similar to the National Register of Historic Places criteria and are tied to CEQA, as any resource that meets the above criteria and retains a sufficient level of historic integrity is considered a historical resource under CEQA. Integrity is the authenticity of a historical resource’s physical identity, evidenced by the survival of characteristics that existed during the resource’s period of significance.

INTEGRITY

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Campbell, CA

M. SANDOVAL ARCHITECTS, INC.

Date November 5, 2022
Page: 4
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When evaluating a potential historic resource, one must determine and clearly state the significance of that resource to American history, architecture, archaeology, engineering, or culture. A resource may be considered individually eligible for listing in the California Register of Historic Resources (CRHR) if it meets one or more of the above-listed criteria for significance and it possesses historic integrity.

Historic properties must retain sufficient historic integrity to convey their significance. The National Register of Historic Places recognizes seven aspects or qualities that define historic integrity. These are also used in evaluations of integrity for the CRHR and are as follows:

Location: The place where the historic property was constructed or the place where the historic event occurred.

Design: The combination of elements that create the form, plan, space, structure, and style of a property.

Setting: The physical environment of a historic property.

Materials: The physical elements that were combined or deposited during a particular period of time and in a particular pattern or configuration to form a historic property.

Workmanship: The physical evidence of the crafts of a particular culture or people during any given period in history or prehistory.

Feeling: A property’s expression of the aesthetic or historic sense of a particular period of time.

Association: The direct link between an important historic event or person and a historic property.

Historical resources eligible for listing in the California Register must meet one of the criteria of significance and retain enough of their historic character or appearance to be recognizable as historical resources and to convey the reasons for their significance. To retain historic integrity, a resource should possess several of the above-mentioned aspects. The retention of specific aspects of integrity is essential for a resource to convey its significance. Resources that are significant, meet the age guidelines, and possess integrity will generally be considered eligible for listing in the CRHR.

Although this structure does retain what are believed to be many of its original historical features, it has unfortunately gone through numerous changes over time, making it difficult to distinguish its original construction features from those which may have been added. When applying the above criteria to this small building, under Criterion 2, if judged independently without the assistance of the neighboring landmark home, this structure does not appear to meet the minimum eligibility threshold needed for its individual listing in the CRHR.

HISTORICAL RESOURCE ASSESSMENT FOR 1222 HARRIET AVENUE IN THE CITY OF CAMPBELL In July of 1993, a historical evaluation and assessment was prepared by Glory Ann Laffey, Principal of Archives and Architecture, on the property located at 1222 Harriet Avenue (APN 403-13-125). At the time, the property was occupied by the two-story farmhouse along with two other buildings, a small

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Attachment: Historic Project Evaluation, MSA (PLN-2022-158 ~ 1690 Littleton Pl. - Zoning Exception) 1690 Littleton Place
Campbell, CA

Project Evaluation M. SANDOVAL ARCHITECTS, INC.

Date November 5 2022
Page: 5
barn and a one-and-a-half-story small residence. The property would eventually become the six-lot subdivision with its own cul-de-sac known as Littleton Place.

At the time, the report’s conclusions and recommendations based on the evaluation of the two subordinate structures indicated that both had limited architectural significance under Criterion B, and based on this evaluation analysis, the following four project options were offered.

No Project.

The no project alternative would leave the barn and the small residence in place and retain what remained of the historic setting of the landmark farmhouse.

Project Redesign and Relocation of the Buildings On-Site.

Redesigning the project to integrate the buildings into the project would provide for the preservation of the buildings but would probably make the project economically unviable.

Relocate the Buildings Off-Site.

Relocation of the buildings would allow the project as presently designed to go forward. It would require, however, that an off-site location be found for the buildings.

Demolition.

Demolition of the barn and the small residence would allow the project to move forward.

MOVING OF BUILDINGS AS A METHOD TO PRESERVE LOCAL HISTORY FOR FUTURE GENERATIONS It is important to point out that, throughout history, buildings have been moved for many reasons, including environmental, personal, and financial, to name a few. In the United States, evidence of building relocation dates to the early 1800s. Moving historical buildings is sometimes the only way to save them from demolition, but such actions are undertaken only as a last resort when all other preservation options have been exhausted. Usually, when a historic building is moved, it loses its integrity of setting and its “sense of place and time”—important aspects of the historic character of a building and its environment. All too often, however, historic and architecturally significant structures are subjected to intense economic or planning pressures, so no reasonable alternatives except relocation may be available.

The one-and-a-half-story small residence mentioned in the above project historical evaluation is an excellent case study for this preservation intervention method. In relocating it to its present location (sharing the same property as the Littleton/Martin House), its original historical association with the original Littleton estate property is still retained.

Furthermore, in recognizing that relocation of historic buildings may be the only reasonable means to preserve and/or readapt them for continued use and function, the U.S. Department of the Interior Heritage Conservation and Recreation Service Technical Preservation Services Division (Washington, D.C.) in 1979 published a technical publication called Moving Historic Buildings, written by John Obed Curtis, to lend assistance if this preservation method must be undertaken when all other alternatives

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Attachment: Historic Project Evaluation, MSA (PLN-2022-158 ~ 1690 Littleton Pl. - Zoning Exception) 1690 Littleton Place
Campbell, CA

M. SANDOVAL ARCHITECTS, INC.

Date November 5, 2022
Page: 6
Project Evaluation
have been exhausted. This publication outlines the many important strategies in addition to precautions and procedures to follow during the relocation process to achieve a successful building relocation with minimum harm to the building’s existing important historical fabric and character- defining features.

Since this small building is the only subordinate structure believed to have been constructed before 1908 as part of the original Littleton estate, even with the many alterations made over the years that may have obscured its original features, any alterations, additions, or other remodeling improvements made to this building should follow the Secretary of the Interior's Standards for the Treatment of Historic Properties.

THE SECRETARY OF THE INTERIOR’S STANDARDS FOR THE TREATMENT OF HISTORIC PROPERTIES The Secretary of the Interior’s Standards for the Treatment of Historic Properties are common-sense historic preservation principles in non-technical language. They promote historic preservation best practices that will help to protect our nation’s irreplaceable cultural resources. These standards offer a series of concepts about maintaining, repairing, and replacing historic materials, as well as designing new additions and making alterations. The guidelines, on the other hand, offer general design and technical recommendations to assist in applying the standards to a specific property. Together, they provide a framework and guidance for decision-making about alterations and/or changes that are to be made to historic properties.

APPLYING THE SECRETARY OF THE INTERIOR’S STANDARDS EVALUATION The ten standards are evaluated below.

1. A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment.

Standard 1: Although the proposed design does add a new garage addition to this small building, it is placed at the rear of the building and will not be visible from the primary street elevation, and it is within the area of the existing structure that was added as a single-car garage and later enclosed sometime in the 1960s. With only minimal changes to what remaining historical character and defining features can be traced back to the building’s original construction period (sometime before 1908), the project appears to conform to this standard.

2. The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided.

Standard 2: The proposed project does not remove any historic materials or features that specifically characterize this property or diminish and/or obscure its historic defining features. Therefore, the project appears in conformance with the above standard.

3. Each property will be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken.

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Campbell, CA
Project EvaluationM. SANDOVAL ARCHITECTS, INC.

Date November 5 2022
Page: 7
Standard 3: The proposed project does not propose features that could create a false sense of historic development or add other more conjectural design elements. The design for the new garage addition does draw somewhat on the primary hip roof that caps the original structure compositionally but stops short of trying to mimic, replicate, or superimpose stylistic elements that are incompatible with the original small building. In doing so, the project under consideration appears to conform to the above standard.

4. Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved.

Standard 4: This standard is not applicable since none of the recent alterations and additions are found to have acquired any historical significance in their own right.

5. Distinctive features, finishes, and construction techniques of fine craftsmanship that characterize a property will be preserved.

Standard 5: This standard is not applicable because the proposed addition is located in an area of the building where no such distinctive features exist.

6. Deteriorated historic features will be repaired rather than replaced. Where the severity of deterioration requires replacements of a distinctive feature, the new feature will match the old in design, color, texture and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence.

Standard 6: This standard does not apply because the new addition is located within an area of the structure that has been significantly altered over time and where no such features exist or are in need of repair.

7. Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible.

Standard 7: This standard is not applicable. The proposed project does not include chemical or physical treatments of the historic property. Any measures taken to clean the existing historic fabric will use the gentlest means possible.

8. Significant archaeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures will be undertaken.

Standard 8: Archaeological resources are outside the scope of this assessment.

9. New additions, exterior alterations or related new construction will not destroy historic materials, features and spatial relationships that characterize the property. The new work will be differentiated from the old and will be compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the property and its environment.

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Attachment: Historic Project Evaluation, MSA (PLN-2022-158 ~ 1690 Littleton Pl. - Zoning Exception) 1690 Littleton Place
Campbell, CA

M. SANDOVAL ARCHITECTS, INC.

Date November 5, 2022
Page: 8
Project Evaluation
Standard 9: The project does not propose the removal of historic materials or features that specifically characterize this property. The new garage addition is designed in a manner that clearly delineates the old from the new areas of the home and is designed in a manner that is compatible in both scale and massing so as to not diminish the historical character or the integrity of this resource. In doing so, the project conforms to the intent of this standard.

10. New additions and adjacent or related new construction will be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.

Standard 10: The new garage addition is designed in such a way that, if it were to be removed, such an undertaking would be possible without destroying the essential form of the original building. If a future owner of this property desired to remove this addition, albeit highly unlikely, it appears that this project conforms to the intent of this standard.

CONCLUSION
To summarize from the above standards: Standards, 4, 5, 6, 7, and 8 are not applicable to the proposed project. The remaining Standards 1, 2, 3, 9, and 10 are applicable to this project for the reasons stated above, and as such, the project appears to comply with the intent of these standards and will not have any substantial or adverse change in its own limited historical significance or that of the adjacent historic Littleton/Martin House that also occupies the same property, which is a designated city landmark and also a historic resource as defined per the California Environmental Quality Act (CEQA).

QUALIFICATIONS
MARK SANDOVAL, AIA, meets the professional qualification requirement for both Architect and Historic Architect used by the National Park Service and as published in the Code of Federal Regulations, 36 CFR Part 61; has been licensed to practice in the State of California since 1993; and is registered as Public Works Contractor with State of California Department of Public Relations. He is a Professional Member of the American Institute of Architects and has served as a past member of the Board of Directors for the Santa Clara Chapter of the American Institute of Architects. Mark has served on the Planning Commission for the City of Larkspur, the Historic Preservation Board for the City of Campbell, and the Historical Commission for the City of Los Altos. He has also had the privilege to lecture before a number of undergraduate classes offered by the Urban Studies Program Department at Stanford University as a guest speaker.

Mr. Sandoval also has extensive experience in repurposing historical buildings and utilizes the Secretary of the Interior’s Standards for the Treatment of Historic Properties, the State of California’s Historic Building Code, and the California Environmental Quality Act (CEQA) in the performance of all historic preservation-related projects. Clients include the City of Los Altos, City of Belvedere, City of Capitola, City of Campbell, City of Mountain View, and Redevelopment Agency of the City of San José, in addition to private groups and organizations such as the Los Altos Community Foundation, the Los Altos History Museum, the Farrington Foundation, and the Community of Rossmoor at Walnut Creek.

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Attachment: Historic Project Evaluation, MSA (PLN-2022-158 ~ 1690 Littleton Pl. - Zoning Exception) 1690 Littleton Place
Campbell, CA

Project Evaluation M. SANDOVAL ARCHITECTS, INC.

Date November 5 2022
Page: 9

REFERENCES
The Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. Washington, D.C.: U.S. Department of the Interior, National Park Service, Preservation Assistance Division, rev. 1990.

The Secretary of the Interior’s Standards for Rehabilitation & Illustrated Guidelines for Rehabilitating Historic Buildings. (Authors: W. Brown Morton III, Gary L. Hume, Kay D. Weeks, and H. Ward Jandl.

Project Directors: Anne E. Grimmer and Kay D. Weeks.) Washington, D.C.: U.S. Department of the Interior, National Park Service, Preservation Assistance Division, 1992. Online at www.nps.gov/tps/.

Espinola, George. Cottages, Flats, Buildings & Bungalows: 102 Designs from Wolf & McKenzie 1907.

San Jose, CA: Bay & Valley Publishers, 2004.

Preservation Brief 14, New Exterior Additions to Historic Buildings: Preservation Concerns. (Authors:

Anne E. Grimmer and Kay D. Weeks) Washington, D.C.: U.S. Department of the Interior, National Park Service, Preservation Assistance Division, 1992. Online at www.nps.gov/tps/how-to- preserve/briefs/14-exterior-additions.

Curtis, John Obed. Moving Historic Buildings. Washington, D.C.: U.S. Department of the Interior, Heritage Conservation and Recreation Service, Technical Preservation Services Division, 1979.

McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 2002.

How to Apply the National Register Criteria for Evaluation. Technical Bulletin No. 15. 1997. Office of Historic Preservation, Department of Parks and Recreation.

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Attachment: Historic Project Evaluation, MSA (PLN-2022-158 ~ 1690 Littleton Pl. - Zoning Exception) 1690 Littleton Place
Campbell, CA
M. SANDOVAL ARCHITECTS, INC.

Date November 5, 2022
Page: 10
Project Evaluation
PPENDIX A: EXISTING CONDITION PHOTOGRAPHS
All pictures taken on 10/26/22 by the Architect
P
hotograph 1: Picture showing part of the east side of the Carriage House as viewed from The front yard

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Attachment: Historic Project Evaluation, MSA (PLN-2022-158 ~ 1690 Littleton Pl. - Zoning Exception) 1690 Littleton Place
Campbell, CA

Project Evaluation M. SANDOVAL ARCHITECTS, INC.

Date November 5 2022
Page: 11
Photograph 2: Picture of the north exterior elevation

Photograph 3: Picture of the west exterior façade as viewed from the driveway

Photograph 4: Picture of the Carriage House south exterior elevation with deck

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Attachment: Historic Project Evaluation, MSA (PLN-2022-158 ~ 1690 Littleton Pl. - Zoning Exception) 1690 Littleton Place
Campbell, CA
M. SANDOVAL ARCHITECTS, INC.

Date November 5, 2022
Page: 12
Project Evaluation
APPENDIX B: DRAWINGS AND EXHIBITS
Fi
gure 1: Proposed Project Site Plan
Fi
gure 2: Proposed Carriage House First Floor Plan First Floor Plan

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Campbell, CA

Project Evaluation M. SANDOVAL ARCHITECTS, INC.

Date November 5 2022
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Figure 3: Proposed Carriage House Second Floor Plan

Figure 4: Proposed Carriage House Roof Plan

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M. SANDOVAL ARCHITECTS, INC.

Date November 5, 2022
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Project Evaluation
F
igure 5: Proposed Carriage House Exterior Elevations
F
igure 6: Proposed Carriage House Exterior Elevations

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ARCH D Size -24x36 STAMP: 21x32 4x3

STATE OF CALIFORNIA
Prescriptive Residential Alterations That Do Not Require HERS Field Verification CEC-CF1R-ALT-05-E (Revised 01/19) CALIFORNIA ENERGY

COMMISSION
CERTIFICATE OF COMPLIANCE CF1R-ALT-05-E
Prescriptive Residential Alterations That Do Not Require HERS Field Verification (Page 1 of 8) Project Name: Page 1 of 8 Date Prepared:

CA Building Energy Efficiency Standards - 2019 Residential Compliance January 2019 This compliance document is only applicable to simple alterations that do not require HERS verification for compliance. When HERS verification is required, a CF1R-ALT-01 shall first be registered with a HERS Provider Data Registry.

Alterations to Space Conditioning Systems that are exempt from HERS verification requirements may use the CF1R-ALT-05 and CF2R- ALT-05 Compliance Documents. Possible exemptions from duct leakage testing include: less than 40 ft of ducts were added or replaced; or the existing duct system was insulated with asbestos; or the existing duct system was previously tested and passed by a HERS Rater. If space conditioning systems are altered and are not exempt from HERS verification, then a CF1R-ALT-02 must be completed and registered with a HERS Provider Data Registry.

Alterations that utilize close Cell Spray Polyurethane Foam (ccSPF) with a density of 1.5 to less than 2.5 pounds per cubic foot having an R-value greater than 5.8 per inch, or Open Cell Spray Polyurethane Foam (ocSPF) with a density of 0.4 to less than 1.5 pounds per cubic foot having an R-value of 3.6 per inch, shall complete and register a CF1R-ALT-01 with a HERS Provider Data Registry.

If more than one person has responsibility for installation of the items on this certificate, each person shall prepare and sign a certificate applicable to the portion of construction for which they are responsible. Alternatively, the person with chief responsibility for construction shall prepare and sign this certificate for the entire construction. All applicable Mandatory Measures shall be met. Temporary labels shall not be removed before verification by the building inspector.

A. General Information
01 Project Name: 02 Date Prepared:
03 Project Location: 04 Building Front Orientation (deg or cardinal):
05 CA City: 06 Number of Altered Dwelling Units:
07 Zip Code: 08 Fuel Type:
09 Climate Zone: 10 Total Conditioned Floor Area (ft 2):
11 Building Type: 12 Slab Area (ft 2):
13 Project Scope:

Foulkes Addition 9-Sept-2022
Foulkes Addition 9-Sept-2022
1690 Littleton Place 338°
Campbell 1
95008 Gas
04 1428
Single Family 0
Replace existing windows throughout the home.

STATE OF CALIFORNIA
Prescriptive Residential Alterations That Do Not Require HERS Field Verification CEC-CF1R-ALT-05-E (Revised 01/19) CALIFORNIA ENERGY

COMMISSION
CERTIFICATE OF COMPLIANCE CF1R-ALT-05-E
Prescriptive Residential Alterations That Do Not Require HERS Field Verification (Page 2 of 8) Project Name: Page 2 of 8 Date Prepared:

CA Building Energy Efficiency Standards - 2019 Residential Compliance January 2019 B. Building Insulation Details (Section 150.2(b)1)
01 02 03 04 05 06 07 08 09 10 11
Tag/ID Assembly Type
Frame
Type
Frame
Depth
(inches)
Frame
Spacing
(inches)
Proposed Required
Comments
Cavity
R-value
Continuous
Insulation
R-value U-factor
Appendix JA4
Reference
U-Factor
from Table
150.1-A or
BTable Cell
Foulkes Addition 9-Sept-2022

STATE OF CALIFORNIA
Prescriptive Residential Alterations That Do Not Require HERS Field Verification CEC-CF1R-ALT-05-E (Revised 01/19) CALIFORNIA ENERGY

COMMISSION
CERTIFICATE OF COMPLIANCE CF1R-ALT-05-E
Prescriptive Residential Alterations That Do Not Require HERS Field Verification (Page 3 of 8) Project Name: Page 3 of 8 Date Prepared:

CA Building Energy Efficiency Standards - 2019 Residential Compliance January 2019 C. Roof Replacement (Prescriptive Alteration, Section 150.2(b)1H) 01 02 03 04 05 06 07 08 09 10 11 12 13
Method of
Compliance
Roof
Pitch Exception
CRRC Product ID
Number Product Type
ĞĐŬ
/ŶƐƵůĂƚŝŽŶ
ZͲsĂůƵĞ
Proposed Minimum Required
Initial Solar
ZĞĨůĞĐƚĂŶĐĞ
Aged Solar
ZĞĨůĞĐƚĂŶĐĞ
Thermal

ŵŝƚƚĂŶĐĞ
SRI
;KƉƚŝŽŶĂůͿ
Aged Solar
ZĞĨůĞĐƚĂŶĐĞ
Thermal

ŵŝƚƚĂŶĐĞ
NOTES:
x Roof area covered by building integrated photovoltaic panels and solar thermal panels are exempt from the above Cool Roof requirements. x Liquid field applied coatings must comply with installation criteria from Section 110.8(i)4.

D. Fenestration/Glazing Allowed Areas and Efficiencies (Section 150.2(b)1) 01 02 03 04 05 06 07
Alteration
Type
Maximum
Allowed
Fenestration
Area For All
Orientations
(ft2)
Maximum
Allowed West-
Facing
Fenestration
Area Only
(ft2)
Existing
Fenestration
Area for All
Orientations
(ft2)
Existing
West-Facing
Fenestration
Area
(ft2)
Maximum
Allowed
U-factor
(Windows)
Maximum
Allowed
U-factor
(Skylights)
Maximum
Allowed
SHGC
(Windows)
Maximum
Allowed
SHGC
(Skylights) Comments
SRI
;KƉƚŝŽŶĂůͿ
Foulkes Addition 9-Sept-2022
8:12 G
Add<75sf 285.6 71.4 199.7 51.7 0.30 n/a 0.23 n/a
.05 These don't print

STATE OF CALIFORNIA
Prescriptive Residential Alterations That Do Not Require HERS Field Verification CEC-CF1R-ALT-05-E (Revised 01/19) CALIFORNIA ENERGY

COMMISSION
CERTIFICATE OF COMPLIANCE CF1R-ALT-05-E
Prescriptive Residential Alterations That Do Not Require HERS Field Verification (Page 4 of 8) Project Name: Page 4 of 8 Date Prepared:

CA Building Energy Efficiency Standards - 2019 Residential Compliance January 2019 E. Fenestration Proposed Areas and Efficiencies – Add (Section 150.2(b)1A) Note: Doors with greater than or equal to 25 percent glazed area are considered glazed doors and are treated as fenestration products. 01 02 03 04 05 06 07 08 09 10 11 12 13 14
Tag/ID Fenestration
Type
Frame
Type
Dynamic
Glazing
Orientatio
n

N, S, W, E
Number of
Panes
Proposed
Fenestration
Area ft2
Proposed West
Facing
Fenestration
Area ft2
Proposed
U-factor
Proposed
U-factor
Source
Proposed
SHGC
Proposed
SHGC
Source
Exterior
Shading
Device
Combined
SHGC from
CF1R-ENV-03
15 Total Proposed Fenestration Area
16 Maximum Allowed Fenestration Area
17 Compliance Statement
džŝƐƚŝŶŐнWƌŽƉŽƐĞĚ&ĞŶĞƐƚƌĂƚŝŽŶƌĞĂчDĂdžŝŵƵŵAllowed Fenestration Area Yes No  E ͬ 
18 Total Proposed West-Facing Fenestration Area
19 Maximum Allowed West-Facing Fenestration Area
20 Compliance Statement Existing + Proposed West- &ĂĐŝŶŐ&ĞŶĞƐƚƌĂƚŝŽŶƌĞĂчDĂdžŝŵƵŵůůŽǁĞĚtĞƐƚ-Facing Fenestration Area 21 Proposed Fenestration U-factor (Windows)
22 Required Fenestration U-factor (Windows)
23 Compliance Statement Proposed Fenestration U- ĨĂĐƚŽƌчZĞƋƵŝƌĞĚ&ĞŶĞƐƚƌĂƚŝŽŶh-factor 24 Proposed Fenestration SHGC (Windows)
25 Required Fenestration SHGC (Windows)
26 Compliance Statement WƌŽƉŽƐĞĚ&ĞŶĞƐƚƌĂƚŝŽŶ^,'чZĞƋƵŝƌĞĚ&ĞŶĞƐƚƌĂƚŝŽŶ^,' 27 Proposed Fenestration U-factor (Skylights)
28 Required Fenestration U-factor (Skylights)
29 Compliance Statement Proposed Fenestration U- ĨĂĐƚŽƌчZĞƋƵŝƌĞĚ&ĞŶĞƐƚƌĂƚŝŽŶh-factor 30 Proposed Fenestration SHGC (Skylights)
31 Required Fenestration SHGC (Skylights)
Yes No  E ͬ 
Yes No  E ͬ 
Yes No  E ͬ 
Yes No  E ͬ 
Typical Dual Wood No N 2 98.5 0 0.30 NFRC 0.23 NFRC
No S 2 49.6 0 0.30 NFRC 0.23 NFRC
No E 2 0 0 0.30 NFRC 0.23 NFRC
No W 2 51.7 51.7 0.30 NFRC 0.23 NFRC

51.7 71.4
.30
.30
.23
.23
n/a
n/a
Foulkes Addition 9-Sept-2022
✔
✔
✔
✔
✔

STATE OF CALIFORNIA
Prescriptive Residential Alterations That Do Not Require HERS Field Verification CEC-CF1R-ALT-05-E (Revised 01/19) CALIFORNIA ENERGY

COMMISSION
CERTIFICATE OF COMPLIANCE CF1R-ALT-05-E
Prescriptive Residential Alterations That Do Not Require HERS Field Verification (Page 5 of 8) Project Name: Page 5 of 8 Date Prepared:

CA Building Energy Efficiency Standards - 2019 Residential Compliance January 2019 32 Compliance Statement WƌŽƉŽƐĞĚ&ĞŶĞƐƚƌĂƚŝŽŶ^,'чZĞƋƵŝƌĞĚFenestration SHGC † Yes † No Eͬ F. Fenestration/Glazing Proposed Areas and Efficiencies – Replace (Section 150.2(b)1B) Note: Doors with greater than or equal to 25 percent glazed area are considered glazed doors and are treated as fenestration products. 01 02 03 04 05 06 07 08 9 10 11 12 13 14
Tag/
ID
Fenestration
Type
Frame
Type
Dynamic
Glazing
Orientation

N, S, W, E
Area
Removed
(ft2)
Area
Added
(ft2)
Net
Added
Area (ft2)
Proposed
U-factor
Proposed
U-factor
Source
Proposed
SHGC
Proposed
SHGC
Source
Exterior
Shading
Device
Combined SHGC
from
CF1R-ENV-03
15 Net Added West-facing Fenestration Area
16 /ƐEĞƚĚĚĞĚ&ĞŶĞƐƚƌĂƚŝŽŶƌĞĂчĨŽƌǁĞƐƚ-facing fenestration? † Yes † No
17 Net Added Fenestration Area (all orientations)
18 /ƐEĞƚĚĚĞĚ&ĞŶĞƐƚƌĂƚŝŽŶƌĞĂчϬĨŽƌĂůůŽƌŝĞŶƚĂƚŝŽŶƐ͍ † Yes † No
19 Proposed Fenestration U-factor (Windows)
20 Required Fenestration U-factor (Windows)
21 Is the proposed Fenestration U- ĨĂĐƚŽƌчƚŚĞZĞƋƵŝƌĞĚ&ĞŶĞƐƚƌĂƚŝŽŶh-factor? † Yes † No
22 Proposed Fenestration SHGC (Windows)
23 Required Fenestration SHGC (Windows)
24 /ƐƚŚĞWƌŽƉŽƐĞĚ&ĞŶĞƐƚƌĂƚŝŽŶ^,'чƚŚĞZĞƋƵŝƌĞĚ&ĞŶĞƐƚƌĂƚŝŽŶSHGC? † Yes † No
25 Proposed Fenestration U-factor (Skylights)
26 Required Fenestration U-factor (Skylights)
27 Is the proposed Fenestration U- ĨĂĐƚŽƌчƚŚĞZĞƋƵŝƌĞĚ&ĞŶĞƐƚƌĂƚŝŽŶh-factor? † Yes † No
28 Proposed Fenestration SHGC ;^ŬLJůŝŐŚƚƐͿ
29 Required Fenestration SHGC;^ŬLJůŝŐŚƚƐͿ
30 /ƐƚŚĞWƌŽƉŽƐĞĚ&ĞŶĞƐƚƌĂƚŝŽŶ^,'чƚŚĞZĞƋƵŝƌĞĚ&ĞŶĞƐƚƌĂƚŝŽŶ^,'͍ † Yes † No
0 0
n/a

0.30 n/a

0.23 n/a

0.55 n/a

0.30 Foulkes Addition 9-Sept-2022

STATE OF CALIFORNIA
Prescriptive Residential Alterations That Do Not Require HERS Field Verification CEC-CF1R-ALT-05-E (Revised 01/19) CALIFORNIA ENERGY

COMMISSION
CERTIFICATE OF COMPLIANCE CF1R-ALT-05-E
Prescriptive Residential Alterations That Do Not Require HERS Field Verification (Page 6 of 8) Project Name: Page 6 of 8 Date Prepared:

CA Building Energy Efficiency Standards - 2019 Residential Compliance January 2019 G. Space Conditioning (SC) Systems – Heating/Cooling (Prescriptive Section 150.2(b)) Alterations to Space Conditioning Systems shall be exempt from HERS verification requirements as prerequisite for use of the CF1R-ALT-05 and CF2R- ALT-05 Compliance Documents. If new space conditioning systems are installed or existing systems are altered and are not exempt from HERS verification, then a CF1R-ALT-02 shall be completed and registered with a HERS Provider Data Registry. In each row below for each dwelling unit in the building, check the box that indicates the exemption from HERS verification compliance:
† a: space conditioning system was not altered;
† b: less than 40 ft of ducts were added or replaced;
† c: (exempt from duct leakage testing) if: the existing duct system was insulated with asbestos; † d: (exempt from duct leakage testing) if: the existing duct system was previously tested and passed by a HERS Rater. 01 02 03 04
Dwelling Unit Name SC System Identification or Name SC System Location or Area Served Exemption from HERS Verification † a † b † c † d
† a † b † c † d
† a † b † c † d
† a † b † c † d
† a † b † c † d
† a † b † c † d
† a † b † c † d
† a † b † c † d
† a † b † c † d
ΎZŽŽŵŚĞĂƚƉƵŵƉƐĂƌĞĞdžĞŵƉƚĨƌŽŵ,
Z^ǀĞƌŝĨŝĐĂƚŝŽŶƐ͘
Foulkes Addition 9-Sept-2022

STATE OF CALIFORNIA
Prescriptive Residential Alterations That Do Not Require HERS Field Verification CEC-CF1R-ALT-05-E (Revised 01/19) CALIFORNIA ENERGY

COMMISSION
CERTIFICATE OF COMPLIANCE CF1R-ALT-05-E
Prescriptive Residential Alterations That Do Not Require HERS Field Verification (Page 7 of 8) Project Name: Page 7 of 8 Date Prepared:

CA Building Energy Efficiency Standards - 2019 Residential Compliance January 2019 H. Water Heating Systems (Section 150.2(b)1G)
01 02 03 04 05 06 07 08 09 10 11 12 13 14 15
Dwelling Unit
Name
Water Heating
System
Identification or
Name
Water Heating
System Location
or Area Served
Water
Heating
System
Type
Water
Heater
Type
# of
Water
Heaters
in System
Water
Heater
Storage
Volume
(gal) Fuel Type
Rated
Input
Type
Rated
Input
Value
Heating
Efficiency
Type
Heating
Efficiency
Value
Standby
Loss
(%)
Exterior
Insulation
R-Value
Back-Up
Solar
Savings
Fraction

NO CHANGE
Foulkes Addition 9-Sept-2022

STATE OF CALIFORNIA
Prescriptive Residential Alterations That Do Not Require HERS Field Verification CEC-CF1R-ALT-05-E (Revised 01/19) CALIFORNIA ENERGY

COMMISSION
CERTIFICATE OF COMPLIANCE CF1R-ALT-05-E
Prescriptive Residential Alterations That Do Not Require HERS Field Verification (Page 8 of 8) Project Name: Page 8 of 8 Date Prepared:

CA Building Energy Efficiency Standards - 2019 Residential Compliance January 2019

DOCUMENTATION AUTHOR'S DECLARATION STATEMENT

1. I certify that this Certificate of Compliance documentation is accurate and complete.

Documentation Author Name: Documentation Author Signature:

Company: Signature Date:

Address: CEA/ HERS Certification Identification (if applicable):

City/State/Zip: Phone:

RESPONSIBLE PERSON'S DECLARATION STATEMENT
I certify the following under penalty of perjury, under the laws of the State of California:

1. The information provided on this Certificate of Compliance is true and correct.

2. I am eligible under Division 3 of the Business and Professions Code to accept responsibility for the building design or syste m design identified on this Certificate of Compliance (responsible designer).

3. That the energy features and performance specifications, materials, components, and manufactured devices for the building des ign or system design identified on this Certificate of Compliance conform to the requirements of Title 24, Part 1 and Part 6 of the California Code of Regulations.

4. The building design features or system design features identifi ed on this Certificate of Compliance are consistent with the information provided on other applicable compliance documents, worksheets, calculations, plans and specifications submitted to the enforcement agency for approval with this building permit application.

5. I will ensure that a registered copy of this Certificate of Compliance shall be made available with the building permit(s) is sued for the building, and made available to the enforcement agency for all applicable inspections. I understand that a registered copy of this Certificate of Compliance is required to be included with the documentation the builder provides to the building owner at occupancy.

Responsible Designer Name: Responsible Designer Signature:

Company : Date Signed:

Address: License:

City/State/Zip: Phone:
;ϰϬϴͿ ϮϬϮͲϵϬϳϱ
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ŶĞƌŐLJ^ĞƌǀŝĐĞƐ͕/ŶĐ͘
ϰϲϬtĞƐƚ
ĚŵƵŶĚƐŽŶǀĞŶƵĞ
DŽƌŐĂŶ,ŝůů͕ϵϱϬϯϳ
ĂƌƌĞů<ĞůůLJ
ZϭϲͲϭϱͲϮϬϬϴϱ
Mark S. Sandoval, Architect
MSA, Inc. 9-Sept-2022
145 Corte Madera Town Center #404 C-23926
Corte Madera, CA 94925 (650) 941-8048
9-Sept-2022
Foulkes Addition 9-Sept-2022

FOULKES ALTERATIONS
1690 LITTLETON PLACE
CAMPBELL, CA 95008
09/09/22
DEK
2201-11
10921
T24.1
TITLE 24 ENERGY DOCUMENTATION

19.g
Packet Pg. 250
Attachment: Project Plans (PLN-2022-158 ~ 1690 Littleton Pl. - Zoning Exception) 
ARCH D Size -24x36 STAMP: 21x32 4x3
CA Building Energy Efficiency Standards - 2019 Residential Compliance January 2020 Foulkes Addition 09-Sept-2022

STATE OF CALIFORNIA
Prescriptive Residential Additions That Do Not Require HERS Field Verification CEC-CF1R-ADD-02-E (Revised 01/20) CALIFORNIA ENERGY COMMISSION CERTIFICATE OF COMPLIANCE CF1R-ADD-02-E
Prescriptive Residential Additions That Do Not Require HERS Field Verification Project Name: Date Prepared:

STATE OF CALIFORNIA
Prescriptive Residential Additions That Do Not Require HERS Field Verification CEC-CF1R-ADD-02-E (Revised 01/20) CALIFORNIA ENERGY COMMISSION CERTIFICATE OF COMPLIANCE CF1R-ADD-02-E
Prescriptive Residential Additions That Do Not Require HERS Field Verification Project Name: Date Prepared:

This compliance document is only applicable to additions less than or equal to 1,000 ft2 and do not require HERS field verification for compliance. When HERS verification is required, a CF1R-ADD-01 shall first be registered with a HERS Provider Data Registry.

A. General Information (please complete entire table)
01 Project Name: 02 Date Prepared:
03 Project Location: 04 Building Front Orientation (deg):
05 CA City: 06 Number of Dwelling Units with Additions:
07 Zip Code: 08 Fuel Type:
09 Climate Zone: 10 Total Conditioned Floor Area (ft 2) (Addition):
11 Building Type: 12 Slab Area (ft 2):
13 Project Scope:

Foulkes Addition 09-Sept-2022
1690 Littleton Place 338
Campbell 1
95008 Natural Gas
4 57
0 ч 300 ft2
Alterations to Space Conditioning Systems that are exempt from HERS verification requirements may use the CF1R-ADD-02 and CF2R- ADD-02 Compliance Documents. Possible exemptions from duct leakage testing include: less than 40 ft of ducts were added or replaced; or the existing duct system was insulated with asbestos; or the existing duct system was previously tested and passed by a HERS Rater. If space conditioning systems are altered and are not exempt from HERS verification, then a CF1R-ADD-01 and a CF1R-ALT-02 must be completed and registered with a HERS Provider Data Registry.

Additions or alterations that utilize close Cell Spray Polyurethane Foam (ccSPF) with a density of 1.5 to less than 2.5 pounds per cubic foot having an R-value greater than 5.8 per inch, or Open Cell Spray Polyurethane Foam (ocSPF) with a density of 0.4 to less than 1.5 pounds per cubic foot having an R-value of 3.6 per inch, shall complete and register a CF1R ADD-01 with a HERS Provider Data Registry.

If more than one person has responsibility for installation of the items on this certificate, each person shall prepare and sign a certificate applicable to the portion of construction for which they are responsible. Alternatively, the person with chief responsibility for construction shall prepare and sign this certificate for the entire construction. All applicable Mandatory Measures shall be met.

Temporary labels shall not be removed before verification by the building inspector. 14 Addition Wall Type: Framed✔ Non-framed Mass Walls None 15 16
New water heater being installed? Yes No✔
17 Windows being installed? Yes
19 Roof/Ceiling insulation: Option B - Below deck insulation✔ Option C - Ducts & Air handler in conditioned space NoneSteep slope✔ Low slopeRoof Type:

Note: Include mandatory measures? Yes✔
Exceptions to Fenestration U-factor and SHGC
150.1(c)3A:14 NA
20 Are lighting requirements applicable? Yes✔ No
No
No✔ Door(s) being installed? No✔Yes18
CA Building Energy Efficiency Standards - 2019 Residential Compliance January 2020 Foulkes Addition 09-Sept-2022

STATE OF CALIFORNIA
Prescriptive Residential Additions That Do Not Require HERS Field Verification CEC-CF1R-ADD-02-E (Revised 01/20) CALIFORNIA ENERGY COMMISSION CERTIFICATE OF COMPLIANCE CF1R-ADD-02-E
Prescriptive Residential Additions That Do Not Require HERS Field Verification Project Name: Date Prepared:

STATE OF CALIFORNIA
Prescriptive Residential Additions That Do Not Require HERS Field Verification CEC-CF1R-ADD-02-E (Revised 01/20) CALIFORNIA ENERGY COMMISSION CERTIFICATE OF COMPLIANCE CF1R-ADD-02-E
Prescriptive Residential Additions That Do Not Require HERS Field Verification Project Name: Date Prepared:

B. Opaque Surface Details - Framed (Section 150.2(a) and 150.1(c)1) 01 02 03 04 05 06 07 08 09 10 11
Proposed Required
Tag/ID Assembly Type
Frame
Type
Frame Depth
(in)
Frame
Spacing (in)
Cavity
R-value
Continuous
Insulation
R-value U-factor
Appendix JA4
Reference
Table Cell
U-Factor
from Table
150.10A or B Comments
1 Wall Wood 2x4 16 inch OC 15 10 0.045 4.3 4H 0.048
2 Attic Wood 2x6 24 inch OC 38 0 0.026 4.2.1 9-A 0.026
3 Floor Wood 2x6 16 inch OC 19 0 0.037 4.4.1 4A 0.037
Add Row Delete Row
K. Space Conditioning (SC) Systems - Heating/Cooling (Section 150.2(b)) Alterations to Space Conditioning Systems shall be exempt from HERS verification requirements as prerequisite for use of the CF1R-ADD-02 and CF2R-ADD-02 Compliance Documents. If new space conditioning systems are installed or existing systems are altered and are not exempt from HERS verification, then a CF1R-ADD-01 and a CF1R-ALT-02 shall be completed and registered with a HERS Provider Data Registry. In each row below for each dwelling unit in the building, check the box that indicates the exemption from HERS verification compliance:
†  a: space conditioning system was not altered;
†  b: less than 40 ft of ducts were added or replaced; †  c: (exempt from duct leakage testing) if: the existing duct system was insulated with asbestos; †  d: (exempt from duct leakage testing) if: the existing duct system was previously tested and passed by a HERS Rater.  01 02 03 04
Dwelling Unit Name SC System Identification or Name SC System Location or Area Served Exemption from HERS Verification a. b. c. d.

Add Row Delete Row
CA Building Energy Efficiency Standards - 2019 Residential Compliance January 2020 Foulkes Addition 09-Sept-2022

STATE OF CALIFORNIA
Prescriptive Residential Additions That Do Not Require HERS Field Verification CEC-CF1R-ADD-02-E (Revised 01/20) CALIFORNIA ENERGY COMMISSION CERTIFICATE OF COMPLIANCE CF1R-ADD-02-E
Prescriptive Residential Additions That Do Not Require HERS Field Verification Project Name: Date Prepared:

'S DECLARATION STATEMENTDOCUMENTATION AUTHOR

1. I certify that this Certificate of Compliance documentation is accurate and complete.

Documentation Author Name: Documentation Author Signature:

Company: Signature Date:

Address: CEA/ HERS Certification Identification (if applicable):

City/State/Zip: Phone:

RESPONSIBLE PERSON'S DECLARATION STATEMENT
I certify the following under penalty of perjury, under the laws of the State of California:

1. The information provided on this Certificate of Compliance is true and correct.

2. I am eligible under Division 3 of the Business and Professions Code to accept responsibility for the building design or syste m design identified on this Certificate of Compliance (responsible designer).

3. That the energy features and performance specifications, materials, components, and manufactured devices for the building des ign or system design identified on this Certificate of Compliance conform to the requirements of Title 24, Part 1 and Part 6 of the California Code of Regulations.

4. The building design features or system design features identified on this Certificate of Compliance are consistent with the i nformation provided on other applicable compliance documents, worksheets, calculations, plans and specifications submitted to the enforcement agency for approval with this building permit application.

5. I will ensure that a registered copy of this Certificate of Compliance shall be made available with the building permit(s) is sued for the building, and made available to the enforcement agency for all applicable inspections. I understand that a registered copy of this Certificate of Compliance is required to be included with the documentation the builder provides to the building owner at occupancy.

Responsible Designer Name: Responsible Designer Signature:

Company : Date Signed:

Address: License:

City/State/Zip: Phone:
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ŶĞƌŐLJ^ĞƌǀŝĐĞƐ͕/ŶĐ͘
ϰϲϬtĞƐƚ
ĚŵƵŶĚƐŽŶǀĞŶƵĞ
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ĂƌƌĞů<ĞůůLJ
ZϭϲͲϭϱͲϮϬϬϴϱ
Mark S. Sandoval, Architect
MSA, Inc.
145 Corte Madera Town Center #404 C-23926
Corte Madera, CA 94925 (650) 941-8048
2019 Low-Rise Residential Mandatory Measures Summary
NOTE: Low-rise residential buildings subject to the Energy Standards must comply with all applicable mandatory measures, regardless of the compliance approach used. Review the respective section for more information. *Exceptions may apply. (01/2020)
Building Envelope Measures:
§ 110.6(a)1:

Air Leakage. Manufactured fenestration, exterior doors, and exterior pet doors must limit air leakage to 0.3 CFM per square foot or less when tested per NFRC-400, ASTM E283 or AAMA/WDMA/CSA 101/I.S.2/A440-2011.* § 110.6(a)5: Labeling. Fenestration products and exterior doors must have a label meeting the requirements of § 10-111(a). § 110.6(b):

Field fabricated exterior doors and fenestration products must use U-factors and solar heat gain coefficient (SHGC) values from Tables 110.6-A, 110.6-B, or JA4.5 for exterior doors. They must be caulked and/or weather-stripped.* § 110.7:

Air Leakage. All joints, penetrations, and other openings in the building envelope that are potential sources of air leakage must be caulked, gasketed, or weather stripped.
§ 110.8(a): Insulation Certification by Manufacturers. Insulation must be certified by the Department of Consumer Affairs, Bureau of Household Goods and Services (BHGS).
§ 110.8(g): Insulation Requirements for Heated Slab Floors. Heated slab floors must be insulated per the requirements of § 110.8(g). § 110.8(i):

Roofing Products Solar Reflectance and Thermal Emittance. The thermal emittance and aged solar reflectance values of the roofing material must meet the requirements of § 110.8(i) and be labeled per §10-113 when the installation of a cool roof is specified on the CF1R. § 110.8(j): Radiant Barrier. When required, radiant barriers must have an emittance of 0.05 or less and be certified to the Department of Consumer Affairs. § 150.0(a):

Ceiling and Rafter Roof Insulation. Minimum R-22 insulation in wood-frame ceiling; or the weighted average U-factor must not exceed 0.043.

Minimum R-19 or weighted average U-factor of 0.054 or less in a rafter roof alteration. Attic access doors must have permanently attached insulation using adhesive or mechanical fasteners. The attic access must be gasketed to prevent air leakage. Insulation must be installed in direct contact with a continuous roof or ceiling which is sealed to limit infiltration and exfiltration as specified in § 110.7, including but not limited to placing insulation either above or below the roof deck or on top of a drywall ceiling.* § 150.0(b): Loose-fill Insulation. Loose fill insulation must meet the manufacturer’s required density for the labeled R-value. § 150.0(c):

Wall Insulation. Minimum R-13 insulation in 2x4 inch wood framing wall or have a U-factor of 0.102 or less, or R-20 in 2x6 inch wood framing or have a U-factor of 0.071 or less. Opaque non-framed assemblies must have an overall assembly U-factor not exceeding 0.102. Masonry walls must meet Tables 150.1-A or B.*
§ 150.0(d): Raised-floor Insulation. Minimum R-19 insulation in raised wood framed floor or 0.037 maximum U-factor.* § 150.0(f):

Slab Edge Insulation. Slab edge insulation must meet all of the following: have a water absorption rate, for the insulation material alone without facings, no greater than 0.3 percent; have a water vapor permeance no greater than 2.0 perm per inch; be protected from physical damage and UV light deterioration; and, when installed as part of a heated slab floor, meet the requirements of § 110.8(g). § 150.0(g)1:

Vapor Retarder. In climate zones 1 through 16, the earth floor of unvented crawl space must be covered with a Class I or Class II vapor retarder. This requirement also applies to controlled ventilation crawl space for buildings complying with the exception to § 150.0(d). § 150.0(g)2:

Vapor Retarder. In climate zones 14 and 16, a Class I or Class II vapor retarder must be installed on the conditioned space side of all insulation in all exterior walls, vented attics, and unvented attics with air-permeable insulation. § 150.0(q):

Fenestration Products. Fenestration, including skylights, separating conditioned space from unconditioned space or outdoors must have a maximum U-factor of 0.58; or the weighted average U-factor of all fenestration must not exceed 0.58.* Fireplaces, Decorative Gas Appliances, and Gas Log Measures:
§ 110.5(e) Pilot Light. Continuously burning pilot lights are not allowed for indoor and outdoor fireplaces. § 150.0(e)1: Closable Doors. Masonry or factory-built fireplaces must have a closable metal or glass door covering the entire opening of the firebox. § 150.0(e)2:

Combustion Intake. Masonry or factory-built fireplaces must have a combustion outside air intake, which is at least six square inches in area and is equipped with a readily accessible, operable, and tight-fitting damper or combustion-air control device.* § 150.0(e)3: Flue Damper. Masonry or factory-built fireplaces must have a flue damper with a readily accessible control.* Space Conditioning, Water Heating, and Plumbing System Measures:
§ 110.0-§ 110.3:

Certification. Heating, ventilation and air conditioning (HVAC) equipment, water heaters, showerheads, faucets, and all other regulated appliances must be certified by the manufacturer to the California Energy Commission.* § 110.2(a): HVAC Efficiency. Equipment must meet the applicable efficiency requirements in Table 110.2-A through Table 110.2-K.* § 110.2(b):

Controls for Heat Pumps with Supplementary Electric Resistance Heaters. Heat pumps with supplementary electric resistance heaters must have controls that prevent supplementary heater operation when the heating load can be met by the heat pump alone; and in which the cut-on temperature for compression heating is higher than the cut-on temperature for supplementary heating, and the cut-off temperature for compression heating is higher than the cut-off temperature for supplementary heating.* § 110.2(c):

Thermostats. All heating or cooling systems not controlled by a central energy management control system (EMCS) must have a setback thermostat.*
§ 110.3(c)4:

Water Heating Recirculation Loops Serving Multiple Dwelling Units. Water heating recirculation loops serving multiple dwelling units must meet the air release valve, backflow prevention, pump priming, pump isolation valve, and recirculation loop connection requirements of § 110.3(c)4.
§ 110.3(c)6:

Isolation Valves. Instantaneous water heaters with an input rating greater than 6.8 kBtu per hour (2 kW) must have isolation valves with hose bibbs or other fittings on both cold and hot water lines to allow for flushing the water heater when the valves are closed. § 110.5:

Pilot Lights. Continuously burning pilot lights are prohibited for natural gas: fan-type central furnaces; household cooking appliances (except appliances without an electrical supply voltage connection with pilot lights that consume less than 150 Btu per hour ); and pool and spa heaters.* § 150.0(h)1:

Building Cooling and Heating Loads. Heating and/or cooling loads are calculated in accordance with the ASHRAE Handbook, Equipment Volume, Applications Volume, and Fundamentals Volume; the SMACNA Residential Comfort System Installation Standards Manual; or the ACCA Manual J using design conditions specified in § 150.0(h)2. 2019 Low-Rise Residential Mandatory Measures Summary
§ 150.0(h)3A: Clearances. Air conditioner and heat pump outdoor condensing units must have a clearance of at least five feet from the outlet of any dryer t
§ 150.0(h)3B:

Liquid Line Drier. Air conditioners and heat pump systems must be equipped with liquid line filter driers if required, as specified by the manufacturer’s instructions.
§ 150.0(j)1:

Storage Tank Insulation. Unfired hot water tanks, such as storage tanks and backup storage tanks for solar water-heating systems, must have a minimum of R-12 external insulation or R-16 internal insulation where the internal insulation R-value is indicated on the exterior of the tank. § 150.0(j)2A:

Water Piping, Solar Water-heating System Piping, and Space Conditioning System Line Insulation. All domestic hot water piping must be insulated as specified in Section 609.11 of the California Plumbing Code. In addition, the following piping conditions must have a minimum insulation wall thickness of one inch or a minimum insulation R-value of 7.7: the first five feet of cold water pipes from the storage tank; all hot water piping with a nominal diameter equal to or greater than 3/4 inch and less than one inch; all hot water piping with a nominal diameter less than 3/4 inch that is: associated with a domestic hot water recirculation system, from the heating source to storage tank or between tanks, buried below grade, and from the heating source to kitchen fixtures.* § 150.0(j)3:

Insulation Protection. Piping insulation must be protected from damage, including that due to sunlight, moisture, equipment maintenance, and wind as required by Section 120.3(b). Insulation exposed to weather must be water retardant and protected from UV light (no adhesive tapes).

Insulation covering chilled water piping and refrigerant suction piping located outside the conditioned space must include, or be protected by, a Class I or Class II vapor retarder. Pipe insulation buried below grade must be installed in a waterproof and non-crushable casing or sleeve. § 150.0(n)1:

Gas or Propane Water Heating Systems. Systems using gas or propane water heaters to serve individual dwelling units must include all of the following: A dedicated 125 volt, 20 amp electrical receptacle connected to the electric panel with a 120/240 volt 3 conductor, 10 AWG copper branch circuit, within three feet of the water heater without obstruction. Both ends of the unused conductor must be labeled with the word “spare” and be electrically isolated. Have a reserved single pole circuit breaker space in the electrical panel adjacent to the circuit breaker for the branch circuit and labeled with the words “Future 240V Use”; a Category III or IV vent, or a Type B vent with straight pipe between the outside termination and the space where the water heater is installed; a condensate drain that is no more than two inches higher than the base of the water heater, and allows natural draining without pump assistance; and a gas supply line with a capacity of at least 200,000 Btu per hour. § 150.0(n)2: Recirculating Loops. Recirculating loops serving multiple dwelling units must meet the requirements of § 110.3(c)5. § 150.0(n)3:

Solar Water-heating Systems. Solar water-heating systems and collectors must be certified and rated by the Solar Rating and Certification Corporation (SRCC), the International Association of Plumbing and Mechanical Officials, Research and Testing (IAPMO R&T), or by a listing agency that is approved by the Executive Director.

Ducts and Fans Measures:
§ 110.8(d)3:

Ducts. Insulation installed on an existing space-conditioning duct must comply with § 604.0 of the California Mechanical Code (CMC). If a contractor installs the insulation, the contractor must certify to the customer, in writing, that the insulation meets this requirement. § 150.0(m)1:

CMC Compliance. All air-distribution system ducts and plenums must meet the requirements of the CMC §§ 601.0, 602.0, 603.0, 604.0, 605.0 and ANSI/SMACNA-006-2006 HVAC Duct Construction Standards Metal and Flexible 3rd Edition. Portions of supply-air and return-air ducts and plenums must be insulated to a minimum installed level of R-6.0 or a minimum installed level of R-4.2 when ducts are entirely in conditioned space as confirmed through field verification and diagnostic testing (RA3.1.4.3.8). Portions of the duct system completely exposed and surrounded by directly conditioned space are not required to be insulated. Connections of metal ducts and inner core of flexible ducts must be mechanically fastened. Openings must be sealed with mastic, tape, or other duct-closure system that meets the applicable requirements of UL 181, UL 181A, or UL 181B or aerosol sealant that meets the requirements of UL 723. If mastic or tape is used to seal openings greater than ¼ inch, the combination of mastic and either mesh or tape must be used. Building cavities, support platforms for air handlers, and plenums designed or constructed with materials other than sealed sheet metal, duct board or flexible duct must not be used to convey conditioned air.

Building cavities and support platforms may contain ducts. Ducts installed in cavities and support platforms must not be compressed to cause reductions in the cross-sectional area.*
§ 150.0(m)2:

Factory-Fabricated Duct Systems. Factory-fabricated duct systems must comply with applicable requirements for duct construction, connections, and closures; joints and seams of duct systems and their components must not be sealed with cloth back rubber adhesive duct tapes unless such tape is used in combination with mastic and draw bands. § 150.0(m)3:

Field-Fabricated Duct Systems. Field-fabricated duct systems must comply with applicable requirements for: pressure-sensitive tapes, mastics, sealants, and other requirements specified for duct construction. § 150.0(m)7: Backdraft Damper. Fan systems that exchange air between the conditioned space and outdoors must have backdraft or automatic dampers. § 150.0(m)8:

Gravity Ventilation Dampers. Gravity ventilating systems serving conditioned space must have either automatic or readily accessible, manually operated dampers in all openings to the outside, except combustion inlet and outlet air openings and elevator shaft vents. § 150.0(m)9:

Protection of Insulation. Insulation must be protected from damage, sunlight, moisture, equipment maintenance, and wind. Insulation exposed to weather must be suitable for outdoor service. For example, protected by aluminum, sheet metal, painted canvas, or plastic cover. Cellular foam insulation must be protected as above or painted with a coating that is water retardant and provides shielding from solar radiation. § 150.0(m)10: Porous Inner Core Flex Duct. Porous inner core flex ducts must have a non-porous layer between the inner core and outer vapor barrier. § 150.0(m)11:

Duct System Sealing and Leakage Test. When space conditioning systems use forced air duct systems to supply conditioned air to an occupiable space, the ducts must be sealed and duct leakage tested, as confirmed through field verification and diagnostic testing, in accordance with § 150.0(m)11 and Reference Residential Appendix RA3. § 150.0(m)12:

Air Filtration. Space conditioning systems with ducts exceeding 10 feet and the supply side of ventilation systems must have MERV 13 or equivalent filters. Filters for space conditioning systems must have a two inch depth or can be one inch if sized per Equation 150.0-A. Pressure drops and labeling must meet the requirements in §150.0(m)12. Filters must be accessible for regular service.* § 150.0(m)13:

Space Conditioning System Airflow Rate and Fan Efficacy. Space conditioning systems that use ducts to supply cooling must have a hole for the placement of a static pressure probe, or a permanently installed static pressure probe in the supply plenum. Airflow must be •&)0 per ton of nominal cooling capacity, and an air-KDQGOLQJXQLWIDQHIILFDF\”45 watts per CFM for gas furnace air handlers and ”58 watts per CFM for all others. Small duct high velocity systems must provide an airflow •250 CFM per ton of nominal cooling capacity, and an air-handling unit fan efficacy ”0.62 watts per CFM. Field verification testing is required in accordance with Reference Residential Appendix RA3.3.* 2019 Low-Rise Residential Mandatory Measures Summary
Requirements for Ventilation and Indoor Air Quality:
§ 150.0(o)1: Requirements for Ventilation and Indoor Air Quality. All dwelling units must meet the requirements of ASHRAE Standard 62.2, Ventilation and Acceptable Indoor Air Quality in Residential Buildings subject to the amendments specified in § 150.0(o)1. § 150.0(o)1C:

Single Family Detached Dwelling Units. Single family detached dwelling units, and attached dwelling units not sharing ceilings or floors with other dwelling units, occupiable spaces, public garages, or commercial spaces must have mechanical ventilation airflow provided at rates determined by ASHRAE 62.2 Sections 4.1.1 and 4.1.2 and as specified in § 150.0(o)1C. § 150.0(o)1E:

Multifamily Attached Dwelling Units. Multifamily attached dwelling units must have mechanical ventilation airflow provided at rates in accordance with Equation 150.0-B and must be either a balanced system or continuous supply or continuous exhaust system. If a balanced system is not used, all units in the building must use the same system type and the dwelling-unit envelope leakage must be ” 0.3 CFM at 50 Pa (0.2 inch water) per square foot of dwelling unit envelope surface area and verified in accordance with Reference Residential Appendix RA3.8. § 150.0(o)1F:

Multifamily Building Central Ventilation Systems. Central ventilation systems that serve multiple dwelling units must be balanced to provide ventilation airflow for each dwelling unit served at a rate equal to or greater than the rate specified by Equation 150.0-B. All unit airflows must be within 20 percent of the unit with the lowest airflow rate as it relates to the individual unit’s minimum required airflow rate needed for compliance. § 150.0(o)1G: Kitchen Range Hoods. Kitchen range hoods must be rated for sound in accordance with Section 7.2 of ASHRAE 62.2. § 150.0(o)2:

Field Verification and Diagnostic Testing. Dwelling unit ventilation airflow must be verified in accordance with Reference Residential Appendix RA3.7. A kitchen range hood must be verified in accordance with Reference Residential Appendix RA3.7.4.3 to confirm it is rated by HVI to comply with the airflow rates and sound requirements as specified in Section 5 and 7.2 of ASHRAE 62.2.

Pool and Spa Systems and Equipment Measures:
§ 110.4(a):

Certification by Manufacturers. Any pool or spa heating system or equipment must be certified to have all of the following: a thermal efficiency that complies with the Appliance Efficiency Regulations; an on-off switch mounted outside of the heater that allows shutting off the heater without adjusting the thermostat setting; a permanent weatherproof plate or card with operating instructions; and must not use electric resistance heating.*
§ 110.4(b)1:

Piping. Any pool or spa heating system or equipment must be installed with at least 36 inches of pipe between the filter and the heater, or dedicated suction and return lines, or built-in or built-up connections to allow for future solar heating. § 110.4(b)2: Covers. Outdoor pools or spas that have a heat pump or gas heater must have a cover. § 110.4(b)3:

Directional Inlets and Time Switches for Pools. Pools must have directional inlets that adequately mix the pool water, and a time switch that will allow all pumps to be set or programmed to run only during off-peak electric demand periods. § 110.5: Pilot Light. Natural gas pool and spa heaters must not have a continuously burning pilot light. § 150.0(p):

Pool Systems and Equipment Installation. Residential pool systems or equipment must meet the specified requirements for pump sizing, flow rate, piping, filters, and valves.*
Lighting Measures:
§ 110.9:

Lighting Controls and Components. All lighting control devices and systems, ballasts, and luminaires must meet the applicable requirements of § 110.9.*
§ 150.0(k)1A: Luminaire Efficacy. All installed luminaires must meet the requirements in Table 150.0-A. § 150.0(k)1B:

Blank Electrical Boxes. The number of electrical boxes that are more than five feet above the finished floor and do not contain a luminaire or other device must be no greater than the number of bedrooms. These electrical boxes must be served by a dimmer, vacancy sensor control, or fan speed control.
§ 150.0(k)1C: Recessed Downlight Luminaires in Ceilings. Luminaires recessed into ceilings must meet all of the requirements for: insulation contact (IC) labeling; air leakage; sealing; maintenance; and socket and light source as described in § 150.0(k)1C. § 150.0(k)1D:

Electronic Ballasts for Fluorescent Lamps. Ballasts for fluorescent lamps rated 13 watts or greater must be electronic and must have an output frequency no less than 20 kHz.
§ 150.0(k)1E: Night Lights, Step Lights, and Path Lights. Night lights, step lights and path lights are not required to comply with Table 150.0-A or be controlled by vacancy sensors provided they are rated to consume no more than 5 watts of power and emit no more than 150 lumens. § 150.0(k)1F:

Lighting Integral to Exhaust Fans. Lighting integral to exhaust fans (except when installed by the manufacturer in kitchen exhaust hoods) must meet the applicable requirements of § 150.0(k).*
§ 150.0(k)1G: Screw based luminaires. Screw based luminaires must contain lamps that comply with Reference Joint Appendix JA8.* § 150.0(k)1H: Light Sources in Enclosed or Recessed Luminaires. Lamps and other separable light sources that are not compliant with the JA8 elevated temperature requirements, including marking requirements, must not be installed in enclosed or recessed luminaires. § 150.0(k)1I:

Light Sources in Drawers, Cabinets, and Linen Closets. Light sources internal to drawers, cabinetry or linen closets are not required to comply with Table 150.0-A or be controlled by vacancy sensors provided that they are rated to consume no more than 5 watts of power, emit no more than 150 lumens, and are equipped with controls that automatically turn the lighting off when the drawer, cabinet or linen closet is closed. § 150.0(k)2A: Interior Switches and Controls. All forward phase cut dimmers used with LED light sources must comply with NEMA SSL 7A. § 150.0(k)2B: Interior Switches and Controls. Exhaust fans must be controlled separately from lighting systems.* § 150.0(k)2C:

Interior Switches and Controls. Lighting must have readily accessible wall-mounted controls that allow the lighting to be manually turned ON and OFF.*
§ 150.0(k)2D: Interior Switches and Controls. Controls and equipment must be installed in accordance with manufacturer’s instructions. § 150.0(k)2E:

Interior Switches and Controls. Controls must not bypass a dimmer, occupant sensor, or vacancy sensor function if the control is installed to comply with § 150.0(k).
§ 150.0(k)2F: Interior Switches and Controls. Lighting controls must comply with the applicable requirements of § 110.9. 2019 Low-Rise Residential Mandatory Measures Summary
§ 150.0(k)2G:

Interior Switches and Controls. An energy management control system (EMCS) may be used to comply with control requirements if it:
provides functionality of the specified control according to § 110.9; meets the Installation Certificate requirements of § 130.4; meets the EMCS requirements of § 130.0(e); and meets all other requirements in § 150.0(k)2. § 150.0(k)2H:

Interior Switches and Controls. A multiscene programmable controller may be used to comply with dimmer requirements in § 150.0(k) if it provides the functionality of a dimmer according to § 110.9, and complies with all other applicable requirements in § 150.0(k)2. § 150.0(k)2I:

Interior Switches and Controls. In bathrooms, garages, laundry rooms, and utility rooms, at least one luminaire in each of these spaces must be controlled by an occupant sensor or a vacancy sensor providing automatic-off functionality. If an occupant sensor is installed, it must be initially configured to manual-on operation using the manual control required under Section 150.0(k)2C. § 150.0(k)2J:

Interior Switches and Controls. Luminaires that are or contain light sources that meet Reference Joint Appendix JA8 requirements for dimming, and that are not controlled by occupancy or vacancy sensors, must have dimming controls.* § 150.0(k)2K: Interior Switches and Controls. Under cabinet lighting must be controlled separately from ceiling-installed lighting systems. § 150.0(k)3A:

Residential Outdoor Lighting. For single-family residential buildings, outdoor lighting permanently mounted to a residential building, or to other buildings on the same lot, must meet the requirement in item § 150.0(k)3Ai (ON and OFF switch) and the requirements in either § 150.0(k)3Aii (photocell and either a motion sensor or automatic time switch control) or § 150.0(k)3Aiii (astronomical time clock), or an EMCS. § 150.0(k)3B:

Residential Outdoor Lighting. For low-rise residential buildings with four or more dwelling units, outdoor lighting for private patios, entrances, balconies, and porches; and residential parking lots and carports with less than eight vehicles per site must comply with either § 150.0(k)3A or with the applicable requirements in Sections 110.9, 130.0, 130.2, 130.4, 140.7 and 141.0. § 150.0(k)3C:

Residential Outdoor Lighting. For low-rise residential buildings with four or more dwelling units, any outdoor lighting for residential parking lots or carports with a total of eight or more vehicles per site and any outdoor lighting not regulated by § 150.0(k)3B or § 150.0(k)3D must comply with the applicable requirements in Sections 110.9, 130.0, 130.2, 130.4, 140.7 and 141.0. § 150.0(k)4:

Internally illuminated address signs. Internally illuminated address signs must comply with § 140.8; or must consume no more than 5 watts of power as determined according to § 130.0(c).
§ 150.0(k)5:

Residential Garages for Eight or More Vehicles. Lighting for residential parking garages for eight or more vehicles must comply with the applicable requirements for nonresidential garages in Sections 110.9, 130.0, 130.1, 130.4, 140.6, and 141.0. § 150.0(k)6A:

Interior Common Areas of Low-rise Multifamily Residential Buildings. In a low-rise multifamily residential building where the total interior common area in a single building equals 20 percent or less of the floor area, permanently installed lighting for the interior common areas in that building must be comply with Table 150.0-A and be controlled by an occupant sensor. § 150.0(k)6B:

Interior Common Areas of Low-rise Multifamily Residential Buildings. In a low-rise multifamily residential building where the total interior common area in a single building equals more than 20 percent of the floor area, permanently installed lighting for the interior common areas in that building must:
i. Comply with the applicable requirements in Sections 110.9, 130.0, 130.1, 140.6 and 141.0; and ii. Lighting installed in corridors and stairwells must be controlled by occupant sensors that reduce the lighting power in each space by at least 50 percent. The occupant sensors must be capable of turning the light fully on and off from all designed paths of ingress and egress.

Solar Ready Buildings:
§ 110.10(a)1:

Single Family Residences. Single family residences located in subdivisions with 10 or more single family residences and where the application for a tentative subdivision map for the residences has been deemed complete and approved by the enforcement agency, which do not have a photovoltaic system installed, must comply with the requirements of § 110.10(b) through § 110.10(e). § 110.10(a)2: Low-rise Multifamily Buildings. Low-rise multi-family buildings that do not have a photovoltaic system installed must comply with the requirements of § 110.10(b) through § 110.10(d).
§ 110.10(b)1:

Minimum Solar Zone Area. The solar zone must have a minimum total area as described below. The solar zone must comply with access, pathway, smoke ventilation, and spacing requirements as specified in Title 24, Part 9 or other parts of Title 24 or in any requirements adopted by a local jurisdiction. The solar zone total area must be comprised of areas that have no dimension less than 5 feet and are no less than 80 square feet each for buildings with roof areas less than or equal to 10,000 square feet or no less than 160 square feet each for buildings with roof areas greater than 10,000 square feet. For single family residences, the solar zone must be located on the roof or overhang of the building and have a total area no less than 250 square feet. For low-rise multi-family buildings the solar zone must be located on the roof or overhang of the building, or on the roof or overhang of another structure located within 250 feet of the building, or on covered parking installed with the building project, and have a total area no less than 15 percent of the total roof area of the building excluding any skylight area. The solar zone requirement is applicable to the entire building, including mixed occupancy.* § 110.10(b)2: Azimuth. All sections of the solar zone located on steep-sloped roofs must be oriented between 90 degrees and 300 degrees of true north. § 110.10(b)3A:

Shading. The solar zone must not contain any obstructions, including but not limited to: vents, chimneys, architectural features, and roof mounted equipment.*
§ 110.10(b)3B:

Shading. Any obstruction located on the roof or any other part of the building that projects above a solar zone must be located at least twice the distance, measured in the horizontal plane, of the height difference between the highest point of the obstruction and the horizontal projection of the nearest point of the solar zone, measured in the vertical plane.* § 110.10(b)4:

Structural Design Loads on Construction Documents. For areas of the roof designated as a solar zone, the structural design loads for roof dead load and roof live load must be clearly indicated on the construction documents. § 110.10(c):

Interconnection Pathways. The construction documents must indicate: a location reserved for inverters and metering equipment and a pathway reserved for routing of conduit from the solar zone to the point of interconnection with the electrical service; and for single family residences and central water-heating systems, a pathway reserved for routing plumbing from the solar zone to the water-heating system. § 110.10(d):

Documentation. A copy of the construction documents or a comparable document indicating the information from § 110.10(b) through § 110.10(c) must be provided to the occupant.
§ 110.10(e)1: Main Electrical Service Panel. The main electrical service panel must have a minimum busbar rating of 200 amps. § 110.10(e)2:

Main Electrical Service Panel. The main electrical service panel must have a reserved space to allow for the installation of a double pole circuit breaker for a future solar electric installation. The reserved space must be permanently marked as “For Future Solar Electric”. 09/09/22
DEK
2201-11
10921
T24.2
TITLE 24 ENERGY DOCUMENTATION

FOULKES ADDITION
1690 LITTLETON PLACE
CAMPBELL, CA 95008


19.g
Packet Pg. 251
Attachment: Project Plans (PLN-2022-158 ~ 1690 Littleton Pl. - Zoning Exception)

1. 2.

3. Ceiling joists to top plate

4. 5.

6. Collar tie to rafter

7. Per Table 2308.7.3.1
Each end, toenail
End nail
Face nail
Each joist, toenail
Face nail
Face nail
Face nail
Toenail (c)
End nail
Toenail
Blocking between rafters or truss not at the wall
top plate, to rafter or truss
Blocking between ceiling joists, rafters or trusses
to top plate or other framing below
Flat blocking to truss and web filler
Ceiling joist not attached to parallel rafter, laps
over partitions (no thrust)
(See Section 2308.7.3.1, Table 2308.7.3.1)
Ceiling joists attached to parallel rafter (heel joint) (Section 2308.7.3.1 and Table 2308.7.3.1)
Rafter or roof truss to top plate
(See section 2308.7.5 and Table 2308.7.5)
3-8d common (2 12” x 0.131”); or
3-10d box (3” x 0.128”); or
3-3” x 0.131” nails; or
3-3” 14 gage staples, 716” crown
16d common (3½” x 0.162”) @ 6” o.c.
3” x 0.131” nails @ 6” o.c.
3” x 14 gage staples @ 6” o.c.
2-16d common (3½” x 0.162”)
3-3” x 0.131” nails
3-3” 14 gage staples
2 - 8d common (2
12″ × 0.131″)
2 - 3″ × 0.131″ nails
2 - 3″ 14 gage staples
3 - 8d common (2 12″ × 0.131″); or
3-10d box (3” x 0.128”); or
3 - 3″ × 0.131″ nails; or
3 - 3″ 14 gage staples, 716” crown
Roof rafters to ridge valley or hip rafters; or roof
rafter to 2” ridge beam

8. 9.

10. 13.

14. Built-up header (2” to 2” header)

15. 16.
16d common (312” x 0.162”);
16d box (312” x 0.135”);
Stud to top or bottom plate
16” o.c. face nail
12” o.c. face nail
12” o.c. face nail
16” o.c. face nail
Toenail
End nail

17. 19.

20. 21.

Face nail
Face nail
Face nail
Face nail
Stud to Stud (not at braced wall panels)
Stud to stud and abutting studs at intersecting wall
corners (at braced wall panels) 3” x 0.131” nails; or
3-3” 14 gage staples, 716” crown
Each side of end joint,
face nail (min 24” lap
splice length each side
of end joint)
Top plate to top plate, at end joints
Bottom plate to joist, rim joist, band joist or
blocking (not at braced wall panels)
Bottom plate to joist, rim joist, band joist or
blocking at braced wall panels
Top plates, laps at corners and intersections
1” brace to each stud and plate
1” x 8” and wider sheathing to each bearing
1” x 6” sheathing to each bearing

22. 23.

24. 25.

26. 27.
2” plank (plank & beam - floor & roof)

28. 29.

Toenail
6” o.c., toenail
Face nail
Face nail
Each bearing, face nail
Each joist or rafter,
face nail
End nail
Each end, toenail
Joist to sill, top plate, or girder
Rim joist, band joist, or blocking to top plate,
sill or other framing below
1” x 6” subfloor or less to each joist
2” subfloor to joist or girder
Built up girders and beams, 2” lumber layers
32” o.c. face nail at top
and bottom staggered
on opposite sides
Ends and at each splice,
face nail
Ledger strip supporting joists or rafters
Joist to band joist or rim joist

31. 1 ¾” 16 gage staple, 716” crown
(subfloor and wall)
2 38 ” x 0.113” nail (roof)
1 ¾” 16 gage staple, 716” crown (roof)

32. 33.
19 32” – 3 4”
7 8” – 1 14”
8d common or deformed (212” x 0.131”)
(roof) OR RSRS-01 (238” x 0.113")
nail (roof)
6”

34. 35.
12” fiberboard sheathing
1 ½” galvanized roof nail
(716” head diameter); or
1 14” 16 gage staple with 716” or 1” crown

41. ¼”
38”

36. 37.

38. ¾” and less
7 8”-1”
1 18”-1 ¼”

39. 40.
½” or less
58”
For SI: 1 inch = 25.4 mm.
a. Nails spaced at 6 inches at intermediate supports where spans are 48” or more. For nailing of wood structural panel and particleboard diaphragms and shear walls, refer to Section 2305. Nails for wall sheathing are permitted to be common, box or casing.
b. Spacing shall be 6 inches on center on the edges and 12 inches on center at intermediate supports for nonstructural applications. Panel supports at 16 inches (20 inches if strength axis in the long direction of the panel, unless otherwise marked).
c. Where a rafter is fastened to an adjacent parallel ceiling joist in accordance with this schedule and the ceiling joist is fa stened to the top plate in accordance with this schedule, the number of toenails in the rafters shall be permitted to be reduced by one nail.
d. RSRS-01 is a Roof Sheathing Rink Shank nail meeting the specifications in ASTM F1667.

Each end, toenail
3-16d common (3 12” x 0.162”); or
4-10d box (3” x 0.128”); or
4-3” x 0.131” nails; or
4-3” 14 gage staples, 716” crown
3-10d common (3” x 0.148”); or
4-10d box (3” x 0.128”); or
4-3” x 0.131” nails; or
4-3” 14 gage staples, 716” crown
2-16d common (3 12” x 0.162”); or
3-10d box (3” x 0.128”); or
3-3” x 0.131” nails; or
3-3” 14 gage staples, 716” crown; or
3-10d common (3” x 0.148”); or
4-16d box (3 12” x 0.135”); or
4-10d box (3” x 0.128”); or
4-3” x 0.131” nails; or
4-3” 14 gage staples, 716” crown
3-10d common (3” x 0.148”); or
3-16d box (312” x 0.135”);or
4-10d box (3” x 0.128”); or
4-3” x 0.131” nails; or
4-3” 14 gage staples, 716” crown
24” o.c. face nail
16” o.c. face nail
10d box (3” x 0.128”); or
3” x 0.131” nails; or
3-3” 14 gage staples, 716” crown
16d box (312” x 0.135”);
16” o.c. face nail
12” o.c. face nail
16d common (312” x 0.162”);
8-16d common (312” x 0.162”); or
12-10d box (3” x 0.128”); or
12-3” x 0.131” nails; or
12-3” 14 gage staples, 716” crown
16” o.c. face nail16d common (312” x 0.162”); or
12” o.c. face nail
16d box (3” x 0.135”); or
3” x 0.131” nails; or
3” 14 gage staples, 716” crown
2-16d common (3 12” x 0.162”); or
3-16d box (3” x 0.135”); or
4-3” x 0.131” nails; or
4-3” 14 gage staples, 716” crown
4-8d common (212” x 0.131”); or
4-10d box (3” x 0.128”); or
4-3” x 0.131” nails; or
4-3” 14 gage staples, 716” crown; or
2-16d common (312” x 0.162”); or
3-10d box (3” x 0.128”); or
3-3” x 0.131” nails; or
3-3” 14 gage staples, 716” crown
2-16d common (312” x 0.162”); or
3-10d box (3” x 0.128”); or
3-3” x 0.131” nails; or
3-3” 14 gage staples, 716” crown

18. 2-8d common (212” x 0.131”); or
2-10d box (3” x 0.128”); or
2-3” x 0.131” nails; or
2-3” 14 gage staples, 716” crown
2-8d common (212” x 0.131”); or
2-10d box (3” x 0.128”)
3-8d common (212” x 0.131”); or
3-10d box (3” x 0.128”)
3-8d common (212” x 0.131”); or floor
3-10d box (3” x 0.128”); or
3-3” x 0.131” nails; or
3-3” 14 gage staples, 716” crown
8d common (212” x 0.131”); or
10d box (3” x 0.128”); or
3” x 0.131” nails; or
3” 14 gage staples, 716” crown
2-8d common (212” x 0.131”); or
2-10d box (3” x 0.128”);
2-16d common (312” x 0.162”)
2-16d common (312” x 0.162”)
And:
2-20d common (4” x 0.192”); or
3-10d box (3” x 0.128”); or
3-3” x 0.131” nails; or
3-3” 14 gage staples,
716” crown
3-16d common (312” x 0.162”); or
4-10d box (3” x 0.128”); or
4-3” x 0.131” nails; or
4-3” 14 gage staples, 716” crown
3-16d common (312” x 0.162”); or
4-10d box (3” x 0.128”); or
4-3” x 0.131” nails; or
4-3” 14 gage staples, 716” crown
Bridging or blocking to joist, rafter or truss
2-8d common (212” x 0.131”); or
2-10d box (3” x 0.128”); or
2-3” x 0.131” nails; or
2-3” 14 gage staples, 716” crown
38 ”- 12”
6d common or deformed (2” x 0.113”)
(subfloor and wall) 12”
d
4” 8”
4” 8”
3” 6”
6” 12”
2 38 ” x 0.113” nail (subfloor and wall) 6” 12”
8d common or deformed (212” x 0.131”)
(roof) OR RSRS-01 (238” x 0.113")
nail (roof)
6”
8d common (2 12” x 0.113”);
or 6d deformed (2” x 0.113”)
(subfloor and wall)
12”
d
6” 12”
2 38” x 0.113" nail; or
2” 16 gage staple, 716” crown 4” 8”
10d common (3” x 0.148”); or
8d deformed (2 12” x 0.131”) 6” 12”
3” 6”
25 32” fiberboard sheathing
1 34” galvanized roof nail
(716” diameter head); or
1 12” 16 gage staple with 716” or 1” crown
3” 6”
8d common (2 12” x 0.131”); or
8d deformed (2 12” x 0.131”) 6” 12”
8d common (2 12” x 0.131”); or
6d deformed (2” x 0.113”) 6” 12”
10d common (3” x 0.148”); or
8d deformed (2 12” x 0.131”) 6” 12”
6” 12”
6” 12”
6d corrosion-resistant siding
(1 78” x 0.106”); or
6d corrosion-resistant casing
(2 ” x 0.099”)
8d corrosion-resistant siding
(2 38” x 0.128”); or
8d corrosion-resistant casing
(2 12” x 0.113”)
6” 12”
6” 12”
4d casing (1 12” x 0.080”); or
4d finish (1 12 ” x 0.072”)
6d casing (2” x 0.099”); or
6d finish (Panel supports at 24 inches)
16d common (312” x 0.162”);

11. Continuous header to stud Toenail4-8d common (212” x 0.131); or 4-10d box (3” x 0.128”)

12. Top plate to top plate 12” o.c. face nail
16” o.c. face nail16d common (312” x 0.162”); or
10d box (3” x 0.128”); or
3” x 0.131” nails; or
3” 14 gage staples, 716” crown
20 common (4” x 0.192")
24” o.c. face nail at top
and bottom staggered
on opposite sides
10d box (3” x 0.128”); or
3” x 0.131” nails; or
3” 14 gage staples, 716” crown
a
Edges
(Inches)
Intermediate
Supports
(Inches)
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
b
b
x
x

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Attachment: Project Plans (PLN-2022-158 ~ 1690 Littleton Pl. - Zoning Exception)

FOUNDATION PLAN

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LOWER ROOF & EXISTING UPPER FLOOR FRAMING PLAN

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UPPER ROOF FRAMING PLAN

NO NEW WORK

REFERENCE ONLY

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Attachment: Project Plans (PLN-2022-158 ~ 1690 Littleton Pl. - Zoning Exception) Construction Best Management Practices (BMPs)
Construction projects are required to implement year-round stormwater BMPs.

Non-Hazardous Materials
Berm and cover stockpiles of sand, dirt or other construction material ‰ with tarps when rain is forecast or when they are not in use.

Use (but don’t overuse) reclaimed water for dust control.‰ Ensure dust control water doesn’t leave site or discharge to storm ‰ drains.

Hazardous Materials
Label all hazardous materials and hazardous wastes (such as ‰ pesticides, paints, thinners, solvents, fuel, oil, and antifreeze) in accordance with City, County, State and Federal regulations.

Store hazardous materials and wastes in water tight containers, store ‰ in appropriate secondary containment, and cover them at the end of every work day or during wet weather or when rain is forecast.

Follow manufacturer’s application instructions for hazardous ‰ materials and do not use more than necessary. Do not apply chemicals outdoors when rain is forecast within 24 hours.

Arrange for appropriate disposal of all hazardous wastes.‰ Waste Management
Cover and maintain dumpsters. Check frequently for leaks. Place ‰ dumpsters under roofs or cover with tarps or plastic sheeting secured around the outside of the dumpster. A plastic liner is recommended to prevent leaks. Never clean out a dumpster by hosing it down on the construction site.

Place portable toilets away from storm drains. Make sure they are in ‰ good working order. Check frequently for leaks.

Dispose of all wastes and demolition debris properly. Recycle ‰ materials and wastes that can be recycled, including solvents, water- based paints, vehicle fluids, broken asphalt and concrete, wood, and cleared vegetation.

Dispose of liquid residues from paints, thinners, solvents, glues, and ‰ cleaning fluids as hazardous waste.

Keep site free of litter (e.g. lunch items, cigarette butts).‰ Prevent litter from uncovered loads by covering loads that are being ‰ transported to and from site.

Construction Entrances and Perimeter
Establish and maintain effective perimeter controls and stabilize all ‰ construction entrances and exits to sufficiently control erosion and sediment discharges from site and tracking off site.

Sweep or vacuum any street tracking immediately and secure ‰ sediment source to prevent further tracking. Never hose down streets to clean up tracking.

Materials & Waste Management Equipment Management &
Spill Control
Maintenance and Parking
Designate an area of the construction site, well away ‰ from streams or storm drain inlets and fitted with
appropriate BMPs, for auto and equipment parking,
and storage.

Perform major maintenance, repair jobs, and vehicle ‰
and equipment washing off site.

If refueling or vehicle maintenance must be done ‰
onsite, work in a bermed area away from storm drains
and over a drip pan or drop cloths big enough to collect fluids. Recycle or dispose of fluids as hazardous waste.

If vehicle or equipment cleaning must be done onsite, ‰ clean with water only in a bermed area that will not
allow rinse water to run into gutters, streets, storm
drains, or surface waters.

Do not clean vehicle or equipment onsite using soaps, ‰ solvents, degreasers, or steam cleaning equipment, and
do not use diesel oil to lubricate equipment or parts
onsite.

Spill Prevention and Control
Keep spill cleanup materials (e.g., rags, absorbents and ‰ cat litter) available at the construction site at all times.

Maintain all vehicles and heavy equipment. Inspect ‰
frequently for and repair leaks. Use drip pans to catch leaks until repairs are made.

Clean up leaks, drips and other spills immediately and ‰ dispose of cleanup materials properly.

Use dry cleanup methods whenever possible ‰
(absorbent materials, cat litter and/or rags).

Sweep up spilled dry materials immediately. Never ‰
attempt to “wash them away” with water, or bury
them.

Clean up spills on dirt areas by digging up and ‰
properly disposing of contaminated soil.

Report significant spills to the appropriate local spill ‰ response agencies immediately. If the spill poses a
significant hazrd to human health and safety, property
or the environment, you must report it to the State
Office of Emergency Services. (800) 852-7550 (24
hours).

Earthmoving
Grading and Earthwork
Schedule grading and excavation work ‰
during dry weather.

Stabilize all denuded areas, install and ‰
maintain temporary erosion controls (such
as erosion control fabric or bonded fiber
matrix) until vegetation is established.

Remove existing vegetation only when ‰
absolutely necessary, plant temporary
vegetation for erosion control on slopes
or where construction is not immediately
planned.

Prevent sediment from migrating offsite ‰
and protect storm drain inlets, drainage
courses and streams by installing and
maintaining appropriate BMPs (i.e. silt
fences, gravel bags, fiber rolls, temporary
swales, etc.).

Keep excavated soil on site and transfer it ‰
to dump trucks on site, not in the streets.

Contaminated Soils
If any of the following conditions are ‰
observed, test for contamination and
contact the Regional Water Quality
Control Board:

Unusual soil conditions, discoloration, -
or odor.

Abandoned underground tanks.-
Abandoned wells-
Buried barrels, debris, or trash.-
If the above conditions are observed, ‰
document any signs of potential
contamination and clearly mark them so
they are not distrurbed by construction
activities.

Landscaping
Protect stockpiled landscaping materials ‰
from wind and rain by storing them under
tarps all year-round.

Stack bagged material on pallets and ‰
under cover.

Discontinue application of any erodible ‰
landscape material within 2 days before a
forecast rain event or during wet weather.

Paving
Avoid paving and seal coating in wet ‰
weather or when rain is forecast, to
prevent materials that have not cured
from contacting stormwater runoff.

Cover storm drain inlets and manholes ‰
when applying seal coat, slurry seal, fog
seal, or similar materials.

Collect and recycle or properly dispose of ‰
excess abrasive gravel or sand. Do NOT
sweep or wash it into gutters.

Sawcutting & Asphalt/Concrete Removal
Protect storm drain inlets during saw ‰
cutting.

If saw cut slurry enters a catch basin, ‰
clean it up immediately.

Shovel or vacuum saw cut slurry deposits ‰
and remove from the site. When making
saw cuts, use as little water as possible.

Sweep up, and properly dispose of all
residues.

Concrete Management
Store both dry and wet materials under ‰
cover, protected from rainfall and runoff and
away from storm drains or waterways. Store
materials off the ground, on pallets. Protect
dry materials from wind.

Wash down exposed aggregate concrete ‰
only when the wash water can (1) flow onto
a dirt area; (2) drain onto a bermed surface
from which it can be pumped and disposed
of properly; or (3) block any storm drain
inlets and vacuum washwater from the
gutter. If possible, sweep first.

Wash out concrete equipment/trucks offsite ‰
or in a designated washout area onsite,
where the water will flow into a temporary
waste pit, and make sure wash water does
not leach into the underlying soil. (See
CASQA Construction BMP Handbook for
properly designed concrete washouts.)
Dewatering
Discharges of groundwater or captured ‰
runoff from dewatering operations must
be properly managed and disposed. When
possible, send dewatering discharge to
landscaped area or sanitary sewer. If
discharging to the sanitary sewer, call your
local wastewater treatment plant.

Divert run-on water from offsite away from ‰
all disturbed areas.

When dewatering, notify and obtain ‰
approval from the local municipality before
discharging water to a street gutter or storm
drain. Filtration or diversion through a basin,
tank, or sediment trap may be required.

In areas of known or suspected ‰
contamination, call your local agency to
determine whether the ground water must be
tested. Pumped groundwater may need to be
collected and hauled off-site for treatment
and proper disposal.

Painting Cleanup and Removal
Never clean brushes or rinse paint ‰
containers into a street, gutter, storm
drain, or stream.

For water-based paints, paint out brushes ‰
to the extent possible, and rinse into a
drain that goes to the sanitary sewer.

Never pour paint down a storm drain.

For oil-based paints, paint out brushes to ‰
the extent possible and clean with thinner
or solvent in a proper container. Filter and
reuse thinners and solvents. Dispose of
excess liquids as hazardous waste.

Sweep up or collect paint chips and dust ‰
from non-hazardous dry stripping and
sand blasting into plastic drop cloths and
dispose of as trash.

Chemical paint stripping residue and chips ‰
and dust from marine paints or paints
containing lead, mercury, or tributyltin
must be disposed of as hazardous waste.

Lead based paint removal requires a state-
certified contractor.

Painting & Paint RemovalConcrete Management
and Dewatering
Paving/Asphalt Work
Storm drain polluters may be liable for fines of up to $10,000 per day!

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Attachment: Project Plans (PLN-2022-158 ~ 1690 Littleton Pl. - Zoning Exception) February 23, 2023 Mr. Daniel Fama Senior Planner Community Development Department City of Campbell 70 N. First Street Campbell, CA 95008 Dear Mr. Fama: This letter serves as background for my request for two zoning exceptions for my property located at 1690 Littleton Place in Campbell. Frist would be for exceeding the non-conforming provisions per CMC Sec. 21.58.050.D.1. and second would be a deviation from the placement, height, and design requirements for ADU’s on historic properties per CMC Sec. 21.23.060. BACKGROUND OF THE HOUSE By way of background, my property is a landmark property in the City of Campbell, developed by locally famous architects Wolfe and McKenzie for Henry Littleton, the scion of a British music publishing house (Littleton Place was named after his family). Subsequently it was owned by the Martin family (Harriet Avenue was named after Mrs. Martin). It is now known as the Littleton-Martin home. The property comprised many acres (differing reports say 30-70) and was a working farm. In the 1950’s the son of the 4th owners, the Bersanos, married and converted the hay loft in the carriage

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Attachment: Applicant Statement (PLN-2022-158 ~ 1690 Littleton Pl. - Zoning Exception) house into living space. I have spoken to him directly about this conversion. In later years part of the upstairs of the house was converted to an apartment with an exterior staircase as access. During the 1989 Loma Prieta earthquake, the home came off its foundation, had all of its chimneys collapse and the floorboards ripped up along the walls. The house was abandoned for many years, and was looted, vandalized, and headed towards demolition. The owners before me spent 15 years restoring the house, but did the work themselves on a tight budget. When they went to sell the house it sat on the market for several years with no takers – given how daunting the restoration would need to be. When I purchased the house, it had no heating on the first floor, the electrical load was 27 times code (so you could not light more than a couple of rooms) and had a huge litany of problems – such that I was not able to move my family into the house for 6 months. After 12 years of professionals restoring the house – on projects large and small – I am hoping to finalize restoration of the house – unifying the main home and carriage house, making the property useful for my family, and preserving all of the wonderful historic aspects of the house. My first effort was on the main house – where I have undergone an 8-month restoration/replacement of the original shingle roof and repainted the entire house. This was necessary to preserve the house and came at such a huge cost that no prior owner in over 120 years had attempted it.

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Attachment: Applicant Statement (PLN-2022-158 ~ 1690 Littleton Pl. - Zoning Exception) Now I am turning my attention to the carriage house. It likewise is in horrible shape and requires a new roof and panting as well. As I look to move forward on that project, I need to make some alterations to the carriage house in order to make the property functional for me and my mother, without harming any of the historical aspects of the property. REQUEST I have a collection of old family cars that are very special to me, and I have never been able to house on my property since there is no garage. The carriage house – which used to hold vehicles – has long been converted to living space. I would like to build a two-car garage to at least house two of the cars. They are quite large – the largest being a 1966 Chrysler 300 convertible which is over 20 feet long and extremely wide. Currently I have to house them in two different sites in the East Bay both of which I will lose soon. Beyond that I would like to be able to drive them, not have them 60 miles away from me. My mother also lives in the carriage house and after her stroke is confined to the first floor. She has no closet and has her clothes piled up in and around the first floor. I would love to give her a closet that she can reach and help organize her as she very much wants to maintain her independence. To that end I am hoping to build a garage in the back of the carriage house with a closet for my mother and space for 2 historic vehicles.

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Attachment: Applicant Statement (PLN-2022-158 ~ 1690 Littleton Pl. - Zoning Exception) ZONING EXCEPTION REQUIREMENTS A zoning exception in Campbell requires a showing of 5 findings. I believe my request squarely satisfies all 5 set out below: 1. The zoning exception must be necessary to minimize the impact to the historic character of an historic resource. The proposed location of the garage would have no impact on the historical character of the home or carriage house for the following reasons. My property is unique, having the original house now backwards on the property with the dramatic front of the house facing the back yard. Next to it the carriage house is facing the street, so to preserve the two historic vantage points, I cannot put a garage in front of the carriage house nor behind the main house. The property has a 300 plus year old heritage oak tree on the property and with the canopy and root system takes up a large part of the yard which otherwise could house a garage. There is an easement running through the property from one side to the other for storm drain access by the city, so that cannot be built on, eliminating the other corner of the property. Given those restrictions, there is no place on the property that a garage can be built without impacting the character of the house except the small notch of land behind the carriage house – which is now a rickety and relatively recently build deck.

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Attachment: Applicant Statement (PLN-2022-158 ~ 1690 Littleton Pl. - Zoning Exception) The location of the garage would not impact the historic views of either house. It would not obstruct any historic characteristics of the carriage house as the rear of the house was remodeled and changed sometime in the 1970’s. The neighbors would not be impacted as their garages line both sides of the notch property – one being 2 feet from my fence line and the other being around 4 feet. Our project would have a larger setback that either of those with landscaping to hide the garage from the neighbors. Finally, as the carriage house originally held carriages and subsequently cars, it would be returning to its original function, in the same location vis a vis the building where the carriages/cars would have been historically – before the carriage house was moved onto the current parcel from across the street. 2. The zoning exception will facilitate development and use of a historic resource in a manner that is more consistent with its historic character than would be possible under strict compliance with the Zoning Ordinance. The original home was a large farm with a large barn and carriage house in the back of the property which is now the cul de sac and other homes. With the carriage house moved onto the current property and the house now backwards facing the back yard – the goal of this project would be to unify the property and reincorporate the carriage house and yard into a seamless and beautiful homestead. With the addition of the garage – my historic cars would be preserved and visible while not creating an eyesore on the

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Attachment: Applicant Statement (PLN-2022-158 ~ 1690 Littleton Pl. - Zoning Exception) property or something out of character. I would be able to then remove a great deal of pavement in the yard and return it to the wonderful gardens it once was. The carriage house would lose its “separate” identity with gates and a separate entrance (currently making it appear to be a separate property) and be unified with the main house. This would return both homes in a single unified property as it had been in the past. Strict complying with the current zoning is inconsistent with any of the surrounding homes, and would diminish rather than enhance the views of the historic home and its functionality. 3. The zoning exception will not negatively impact the integrity or historic characteristics of the historic resource. As mentioned above, the historic aspects of the carriage house are the front and sides with the original architectural features and siding. The rear of the property where the garage would be added was re-done in the 1970’s with aluminum windows and non-original siding. The deck off the house is poor newer construction. None of the historic features of the house would be damaged, the new roof and painting would do much to protect the entire structure from the decay is it currently experiencing, and the addition would have architectural features which match the historic nature of the building while meeting all of the Secretary of the Interior’s guidelines for additions. 4. The zoning exception is the minimum departure from the requirements of the Zoning Ordinance. We have spent several months with my architect who specializes in historic preservation and restoration looking for the absolute

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Attachment: Applicant Statement (PLN-2022-158 ~ 1690 Littleton Pl. - Zoning Exception) best way to minimize impact on the property and to meet the zoning ordinance. I believe this plan achieves those goals. As mentioned, we would have a much larger setback than either of the garages that currently line the fence where the garage would be located. The dimensions of the garage are necessary to fit the cars, and my mother’s need for a closet, but do not go beyond that. Our original plans for a 4-car garage were scrapped because of the impact on the property. Of the 6 properties that connect to my fence line – none of them meeting current zoning requirements. We are asking for the minimum needed in the only feasible space on my larger than ½ acre property to allow me to bring my cars home. 5. The zoning exception is in conformance with the General Plan, adopted area plan, and applicable design guidelines. The carriage house was moved onto the property from its original site across the street and treated by the city as an ADU before current ADU guidelines were established. Thus, it was grandfathered in. The setbacks for the garage exceed any of the setbacks for other garages that abut my property. The General Plan and design guidelines for Campbell require that this project be located in the area behind the carriage house as any other location on the lot would have a much greater violation of the city’s guidelines. Thus, the need for the zoning exception.

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Attachment: Applicant Statement (PLN-2022-158 ~ 1690 Littleton Pl. - Zoning Exception) Thank you and the city for considering my proposal and feel free to reach out to me or my architect at any time for questions or more information. Very truly yours, D. Michael Foulkes 1690 Littleton Place Campbell, CA 95008

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HISTORIC PRESERVATION BOARD

REGULAR MEETING MINUTES
Wednesday, March 22, 2023 I 5:00pm
City Hall Council Chamber

CALL TO ORDER

The Regular Historic Preservation Board meeting of March 22, 2023 was called to order at 5:00 pm by Chair Foulkes, and the following proceedings were had to wit.

ROLL CALL

Staff Members Present:

Daniel Fama, Senior Planner
Ken Ramirez, Administrative Analyst

APPROVAL OF MINUTES

1. Approval of Minutes of February 22, 2023 (Roll Call Vote)  Meeting Minutes, 2/22/2023

All approved.

ORAL COMMUNICATIONS
This portion of the meeting is reserved for individuals wishing to address the Board on matters of community interest that are not listed on the agenda. In the interest of time, the Chair may limit speakers to three minutes. Please be aware that State law prohibits the Board from acting on non- agendized items, however, the Chair may refer matters to staff for follow-up.

BOARD/STAFF ANNOUNCEMENTS
Board Members and/or staff may make announcements on matters related to historic preservation and promotion.

HPB Members Present:

Todd Walter, Chair
Susan Blake, Acting Chair
Michael Foulkes
Laura Taylor Moore
HPB Members Absent:

Rob Corteway

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2. Agenda Format Revision

PUBLIC HEARING

3. 1690 Littleton Place – Zoning Exception (Resolution/Roll Call Vote) Public Hearing to consider the request of Loretz Construction, Inc. on behalf of David M.

Foulkes, Trustee, for a Zoning Exception to allow an approximately 666 square-foot expansion (inclusive of a 557 square-foot garage addition and 109 square-foot living area addition) of an existing accessory dwelling unit ("carriage house") previously approved by a Conditional Use Permit (UP 96-04), on a Landmark Property listed on the Campbell Historic Resource Inventory (HRI), commonly known as the Littleton-Martin House, located at 1690 Littleton Place in the R-1-9-H (Single-Family Residential / Historic Overlay) Combining Zoning District), including exceedance of the maximum allowable size for an accessory dwelling unit, an exception to the expansion prohibition for legal non-conforming structures, and exceptions to the special provisions for accessory dwelling units located on historic properties. File No.: PLN-2022-158. Staff is recommending that this item be deemed Categorically Exempt under CEQA. Tentative Planning Commission Date: April 25, 2023.

Project Planner: Daniel Fama, Senior Planner
Recommended Action: That the Historic Preservation Board adopt a resolution recommending approval of a Zoning Exception (PLN-2022-158). (Resolution/Roll Call Vote)  Staff Report

Board Member Foulkes recused himself from the Public Hearing on Item 3.

Senior Planner Daniel Fama presented staff report to allow an approximately 666 square-foot expansion (inclusive of a 557 square-foot garage addition and 109 square-foot living area addition) of an existing accessory dwelling unit ("carriage house")

Chair Walter asked about the historic status of structure compared to the property and whether project should even be coming before the Historic Preservation Board for approval.

Senior Planner Fama clarified that because building is grandfathered in, the applicant can’t make it bigger under the current rules. In order to expand it, the applicant needs to seek special permission under the code known as a zoning exception, which is reserved for historic properties, and that’s the sole reason it is before the Historic Preservation Board.

Chair opened the public hearing for comment, hearing none Chair closed the public hearing for comment.

Motion: Upon motion by Board Member Moore, seconded by Board Member Blake, the Historic Preservation Board adopted Resolution No. 2023-03 recommending to allow an approximately 666 square-foot expansion (inclusive of a 557 square-foot garage addition and 109 square-foot living area addition) of an existing accessory dwelling unit ("carriage house") previously approved by a Conditional Use Permit (UP 96-04), on a Landmark Property listed on the Campbell Historic Resource

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Inventory (HRI), commonly known as the Littleton-Martin House, located at 1690 Littleton Place in the R-1-9-H (Single-Family Residential / Historic Overlay) Combining Zoning District), including exceedance of the maximum allowable size for an accessory dwelling unit, an exception to the expansion prohibition for legal non-conforming structures, and exceptions to the special provisions for accessory dwelling units located on historic properties. File No.: PLN-2022-158, by the following roll call vote:

AYES: Walter, Moore, Blake
NOES: None
ABSENT: Corteway
ABSTAIN: Foulkes

STUDY SESSION

4. Required Certified Local Government (CLG) Training
The Board and staff will conduct a training session (webinar), provided by the California Preservation Foundation, as required to maintain the City's CLG certification.

Study Session was regarding the applicability of state housing laws to historic preservation.

ADJOURNMENT
Adjourned meeting at 7:05 PM to the Special Historic Preservation Board meeting of March 29, 2023, at 5:00 PM, in the City Hall Council Chambers, 70 North First Street, Campbell, California and via telecommunication.

PREPARED BY: _______________________________
Ken Ramirez, Administrative Analyst

APPROVED: ______________________________
Todd Walter, Chair

ATTEST: ________________________________
Daniel Fama, Secretary

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CITY OF CAMPBELL
Planning Commission Minutes

7:30 P.M. TUESDAY
April 25, 2023

PLANNING COMMISSION

CITY HALL COUNCIL CHAMBERS

The Planning Commission regular meeting on Tuesday April 25, 202 3, was called to order at 7:30 p.m. in the Council Chambers of City Hall, 70 N. First Street, Campbell, CA, by Chair Buchbinder and the following proceedings were had, to wit:

ROLL CALL

Commissioners Present: Chair: Adam Buchbinder
Vice Chair: Alan Zisser
Commissioner: Matt Kamkar
Commissioner: Michael Krey
Commissioner: Maggie Ostrowski
Commissioner: Stuart Ching
Commissioner: Davis Fields

Commissioners Absent: None

Board Members Absent: None

Staff Present:

Director: Rob Eastwood
City Attorney: Bill Seligmann
Senior Planner: Stephen Rose
Senior Planner: Daniel Fama
Associate Planner: Tracy Tam
Admin Analyst: Ken Ramirez

APPROVAL OF THE MINUTES

April 11, 2023 Meeting Minutes will be reviewed for approval May 9, 2023

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COMMUNICATIONS

Supplemental piece of information was provided by Vice Chair Zisser regarding Item 1.

AGENDA MODIFICATIONS OR POSTPONEMENTS

Item No. 2 is requesting that it be continued.

ORAL REQUESTS
This is the point on the agenda where members of the public may address the Commission on items of concern to the Community that are not listed on the agenda this evening. People may speak up to 5 minutes on any matter concerning the Commission.

PUBLIC COMMENT

Chair Buchbinder opened for public comment

Hearing none, Chair Buchbinder closed public comment.

Chair Buchbinder read Agenda Item No. 1 into the record as follows:

Krey and Zisser visited all sites.

PUBLIC HEARINGS
Item was read 1st as item was requested as continuance.

1. PLN-2021-43 Public Hearing to consider the request of Jake Hamilton of Virtual Site Walk LCC, on behalf of Crown Castle, to allow for the establishment of a concealed wireless
telecommunications facility (faux tree pole) with a request for a limited exemption standard s to retain the existing height of the facility (45 -feet permitted; 75 -feet
existing/requested) on property located at 910 S.

McGlincy Lane . The application under consideration is a Conditional Use Permit with Site and Architectural Review.

File No.: PLN -2021-43. Staff is recommending that this item be deemed Categorically Exempt under CEQA.

Project Planner: Stephen Rose, Senior Planner

Senior Planner Rose briefly presented the item where applicant is requesting the establishment of a concealed wireless telecommunications facility (faux tree pole) with a request for a limited exemption standards to retain the existing height of the facility (45-feet permitted; 75-feet existing/requested) on property located at 910 S. McGlincy Lane.

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Planning Commissioners asked why the item was continued

Senior Planner Rose clarified that the applicant wanted more time to review and address the recommended conditions of approval.

Motion: Upon motion by Commissioner Krey, seconded by Commissioner Kamkar, the Planning Commission moved to continue item to a later date for the Planning Commission to consider
recommendation that the City allow the establishment of a concealed wireless telecommunications facility (faux tree pole) with a request for a limited exemption standards to retain the existing height of the facility (45 -feet permitted; 75 -feet existing/requested) on property located at 910 S. McGlincy Lane. File No.: PLN-2021-43., by the following roll call vote:

AYES: Fields, Ching, Ostrowski, Krey, Buchbinder, Kamkar, Zisser
NOES: None
ABSENT: None
ABSTAIN: None

2. PLN-2022-123 Public Hearing to consider the request of Northwest Signs, on behalf of Oddwalle Campbell LLC, for a Sign Permit to allow for one additional wall sign totaling approximately 37 square feet on property located at 30 S. 1 st Street. The application under cons ideration is a Sign Permit. File No.:

PLN-2022-123. Staff is recommending that this item be
deemed Categorically Exempt under CEQA. Project
Planner: Tracy Tam, Associate Planner

Associate Planner Tracy Tam presented staff report to consider the request of Northwest Signs, on behalf of Oddwalle Campbell LLC, for a Sign Permit to allow for one additional wall sign totaling approximately 37 square feet on property located at 30 S. 1st Street. Staff read finding #2 into the record.

Commissioner Krey questioned on whether corner signs were allowed in the past for business facing the city parking lot, Staff stated that A Bellagio was approved to have two wall signs and the request for two wall signs did not result in many requests for additional signage. Commissioner Zisser had clarifying questions whether the scale of the wall signs were appropriate for the scale of the building façade in which the sign would occupy. Both staff and the applicant stated that the proposed wall signs were in scale of the building façade in which the sign would occupy.

Planning Commissioners were in favor of applicant’s proposal.

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Motion: Upon motion by Commissioner Ostrowski, seconded by Commissioner Zisser, the Planning Commission adopted
Resolution No. 46 75 allowing for a Sign Permit to allow for one additional wall sign totaling approximately 37 square feet on property located at 30 S. 1 st Street. The application under consideration is a Sign Permit. File No.: PLN -2022-123., by the following roll call vote:

AYES: Fields, Ostrowski, Krey, Buchbinder, Kamkar, Zisser, Ching
NOES: None
ABSENT: None
ABSTAIN: None

3. PLN-2022-158 Public Hearing to consider the request of Loretz Construction, Inc. on behalf of David M. Foulkes, Trustee, for a Zoning Exception to allow an approximately 666
square-foot expansion (inclusive of a 557 square -foot
garage addition and 109 square-foot living area addition) of an existing accessory dwelling unit ("carriage house")
previously approved by a Conditional Use Permit (UP 96 - 04), on a Landmark Property listed on the Campbell
Historic Resource Inventory (HRI), commonly known as the Littleton-Martin House, located at 1690 Littleton Place in the R -1-9-H (Single -Family Residential / Historic Overlay) Combining Zoning District, including exceedance of the
maximum allowable size for an accessory dwelling unit, an exception to the expansion prohibition for legal non -
conforming structures, and exceptions to the special
provisions for accessory dwelling units located on historic properties. File No.: PLN-2022-158. Staff is recommending that this item be deemed Categorically Exempt under
CEQA. Tentative City Co uncil Date: May 16, 2023. Project Planner: Daniel Fama, Senior Planner

Senior Planner Fama presented staff report to consider the request of Loretz Construction, Inc. on behalf of David M. Foulkes, Trustee, for a Zoning Exception to allow an approximately 666 square -foot expansion (inclusive of a 557 square -foot garage addition and 109 square -foot living area addition) of an existing accessory dwelling unit ("carriage house").

Planning Commissioners asked where the house is oriented inversely.

Senior Planner Fama clarified that the front of the house faces inward.

Applicant Mike Foulkes stated House was originally uninhabitable since 2011 and he spent considerable effort renovating the interior and exterior of the structure . Second phase is the

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renovation carriage house. The proposed addition was specifically designed for the two cars from the 1960s. Carriage house has been an occupied residence where his mother lives.

Planning Commissioner expressed concerned about lost trees as part of proposed expansion.

Applicant confirmed that he will not be cutting down protected trees if he can avoid it

Neighbor from behind property spoke, said that he was here in 1996 when the carriage house was moved onto the property. Frustrated due to being told that nothing could be built and now hearing that a lot can be built. Frustrated with inconsistencies from the City.

Chair Buchbinder commented that many rules governing ADUs have changed from 1996.

Planning Commissioners in favor and support the project.

Motion: Upon motion by Commissioner Ching, seconded by Commissioner Fields, the Planning Commission adopted Resolution No. 46 68 recommending that the approval of a zoning exception to allow an approximately 666 square -foot expansion (inclusive of a 557 square- foot garage addition and 109 square -foot living area addition) of an existing accessory dwelling unit (“Carriage House”) previously approved by a conditional use perm it (UP-96-04), on a landmark property listed on the Campbell H istoric Resource Inventory (HRI), commonly known as the Littleton -Martin house, located at 1690 Littleton Place in the R -1-9-H (Single -Family Residential / Historic Overlay / C ombining zoning d istrict, incl uding exceedance of the maximum allowable size for an accessory dwelling unit, an exception to the expansion prohibition for legal non -conforming structures, and exceptions to the special provisions for accessory dwelling units located on the Historic Properties. File No.: PL N-2022-158, by the following roll call vote:

AYES: Fields, Ching, Ostrowski, Krey, Buchbinder, Kamkar, Zisser
NOES: None
ABSENT: None
ABSTAIN: None

STUDY SESSION

4. PLN-2023-43 Study Session to consider the preliminary request of Granite Ridge Properties for property located at 44 & 56 Sunnyside Avenue for a 6 -unit "small lot" detached single -family residential development. The application under consideration is a Preliminary App lication. File No.: PLN -2023-43. Project Planner: Daniel Fama, Senior Planner

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Senior Planner Daniel Fama presented staff report to consider the preliminary request of Granite Ridge Properties for property located at 44 & 56 Sunnyside Avenue for a 6-unit "small lot" detached single-family residential development.

Planning Commissioner asked what of the project can be influenced by recommendations.

Senior Planner Fama clarified that nothing significant can be influenced but minor changes can be recommended, such as window placement and sizes..

Planning Commissioners asked whether developers locking in old standards with proposed projects indicates that we have made it harder for developers to develop.

Senior Planner Fama clarified that new standards are more predictable and all efforts have been to try to create a balance between developer desires and impacts to the community.

Director Eastwood stated that it may be a challenge for developers to retrain on the new and upcoming standards and it may be simpler just to lock in what they have.

Applicant Lance Crannell stated that they were open to questions and hearing everyone’s perspectives.

Commissioner Ching addressed concerns from neighbors regarding the height of the development with the applicant.

Applicant Lance Crannell stated that this was not the only three story project in the neighborhood and vicinity

Commissioner Fields asked the applicant if they were open to doing something about concerns and viewability?

Applicant Lance Crannell stated to being open to everyone’s input.

Commissioner Krey asked if they are considering making all units ADU ready?

Sachneel Patel stated that many of their single-family home projects are ADU ready product.

Vice Chair Zisser asked applicant what was the rationale in not having an HOA the inclusion of the easement.

Sachneel Patel stated that it would be difficult to get everyone onboard with new project and felt that this was best for the project.

Chair – is there sidewalk on private street?

Chair Buchbinder opened public comment on item.

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John Milinovich – speaking for 72 Sunnyside neighbors. Spoke on the following:

• Introduction of neighbors impacted.
• Shared project concerns
• Greatly minimized sunlight as a result of the project • Reduced privacy for young families
• Obstruction of mountain and sunset views.

Tommy Phillips – owner of California wheels, wants to make sure that new residents aren’t concerned or upset of regarding his business operations.

Chair Buchbinder closed public comment on hearing.

Commissioner discussion.

Commissioner Krey stated that projects meets all laws and rules and helps with quest for more housing.

Commissioner Kamkar acknowledges that environment may change from the time that homes are bought. Encourages developer to work with neighbors to gain support.

Vice Chair Zisser understands the concerns from neighbors but developers have the bottom line and 3-stories are common. Not sure how much can be done when laws are in place to further housing in the state. Encourage developer to work with neighbor on reasonable solutions.

Commissioner Fields would like to see something regarding tree placement, fence height, and frosted window solutions to address neighbor concerns in plan.

Commissioner Ching stated that the neighbor raises good point and acknowledged 3-stories may be a “bit of a push” and may impact the neighbor. Lots 5&6 would probably impact the neighbors the most. Understands the sensitivity to adjacency concerns. Hopes that the developer is sensitive to needs of neighbors and their feedback.

Commissioner Ostrowski acknowledged the insightful presentation from the neighbor and their concerns. Encourages developer to have conversations with neighbor. Looking forward to seeing plans that take discussions into consideration.

Chair Buchbinder sympathizes with business and owner concerns. Understands that PD zoning makes this unpredictable. Hope developer takes city’s advise on common ownership.

Hope that they help put sidewalks for walking. If applicant can't put ADUs on the outside hope they make space for them in the inside.

Chair Buchbinder closed study session.

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REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR

1. City Council adopted Housing Element, General Plan, Zoning Update, MFDDS and EIR. First City in county with a certified Housing Element. Department will send Housing Element to HCD . New rules and policies will be effective June 1st, 2023.

Chair Buchbinder created Declaration of Shelter Crisis subcommittee and appointed Commissioner Zisser and Commissioner Krey to Declaration of Shelter Crisis subcommittee.

ADJOURNMENT

The Planning Commission regular meeting adjourned at 8:45p.m. to the next Regular Planning Commission Meeting on Tuesday, May 9, 2023, at City Hall, Council Chambers, 70 N. First Street, Campbell, CA.

SUBMITTED BY: ______________________________________
Ken Ramirez, Administrative Analyst

APPROVED BY: ______________________________________
Adam Buchbinder, Chair

ATTEST: ______________________________________
Rob Eastwood, Secretary

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Attachment: PC Meeting Minutes (PLN-2022-158 ~ 1690 Littleton Pl. - Zoning Exception) 1 Daniel Fama
From: Leonid Sapozhnikov <[email protected]>
Sent: Wednesday, January 4, 2023 12:19 PM
To: Daniel Fama
Subject: 1690 Littleton place Historic house update objections Attachments: 5A897F7C-71A3-4E96-8A41-AE0AF8607658.jpeg
Hi Daniel
I have question about this property planned update
Unfortunately I missed meeting but since it effect me want to know more and express my objections in general
My name Leonid Sapozhnikov
1673 Luika place
Campbell
Originally in 1995-96 this house was moved next to my property line as exception in violation rules back then since I was told this is historic house which need to be preserved as is and designated for occasional use only
Proposed update will change house which was permitted to move closer to my property line since it need to be preserved
But this update take it to completely different direction and increase encroachment to my property and make alterations to historical house which I was told need to be preserved as is So I want express my I think valid objection to this plan, as well as city plans to preserve historic house as is
Please let me know what is the latest update to this
And what is proper venue for objections
Thank you
Leonid Sapozhnikov

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City
Council
Report

TITLE: Introduction of Ordinance Amending 5.50 of the Campbell Municipal Code Regarding Special Events Permit and Introduction of City P ark Special Event Policy (Ordinance/Resolution/Roll Call Vote)

RECOMMENDED ACTION

That the City Council introduce and hold first reading of an Ordinance amending Chapter 5.50 of the Campbell Municipal Code and adopt a Resolution approving a new administrative policy titled City Park Special Event Policy.

BACKGROUND

The City of Campbell (City) defines a special event as 100 or more people gathering in the public right -of-way or City owned property. The existing Downtown Special Event Policy provides guidance for special events specific to Campbell Ave nue in Downtown Campbell only. The Park, Field and Athletic Facility Use Policy provides guidance for events in Campbell Park and the Orchard City Green area. However, i n recent years , there has been an increasing number of requests for events of over 100 people in other City parks, and the existing Downtown Special Events Policy and the existing Park, Field and Athletic Facility Use Policy do not provide adequate guidance to permit special event requests in other locations. Additionally, the fee schedule for the permits issued under these policies only covers fees to allow large events in Downtown Campbell, and events at the Los Gatos Creek Trail and at the Orchard City Green area, but at a per hour charge . None of these fees anticipate the impact of or cover large events at parks. The proposed administrative policy would address regulations permitting such requests and would also require changes to the Campbell Municipal Code so that the rules and regulations align.

DISCUSSION

Staff from the Recreation & Community Services Department, the Police Department and the Public Works Department have reviewed the City ordinance on Special Events to determine how best to address the increasing demand for alternative special event locations. Since t he Downtown Special Event policy is solely for the Downtown Campbell area, a new policy pertaining to special events in parks is being proposed.

City Park Special Events Policy & Permit:

Item: 20
Category: PUBLIC HEARINGS AND

INTRODUCTION OF

ORDINANCES
Meeting Date: May 16, 2023
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Introduction of Ordinance Amending 5.50 of the Campbell Municipal Code Regarding Special Events Perm Page 2 of 4

While t he proposed policy, the “City Park Special Events ” policy, tracks the same language and regulations found in the Downtown Special Event Policy , additional language was incorporated to provide the applicant with a clear understanding of what is allowed at designated site locations. Some notable additions to this policy include:

• Identified site locations, capacities and amenities allowed at each location. • Added information regarding the use of food trucks at special events. • A timeline for the City Park Special Events permit application process to improve an applicant’s understanding of what steps need to be taken. • A request for the applicant to provide more information up front and a requirement that the applicant acknowledge and confirm their understanding of the City’s requirements under the policy.

As the proposed policy directly impacts parks, the draft of the policy was reviewed by the Parks and Recreation Commission on February 1, 2023. The Parks and Recreation Commission voted to forward the proposed policy to the Council for approval.

Permit Fees:

During the development of this policy, the fees for park special events were also considered. The current fee schedule ha s existing fees for special events at the Los Gatos Creek Trail for both non -profit and for -profit event orga nizers, $630 and $1050, respectively. The fee being proposed through the Master Fee Schedule consolidated these two fees to be a singular permit fee , regardless of non-profit status and similar to the fees listed for downtown special events. The fees listed in this proposed policy also reflect fees already presented to the City Council which were reviewed and approved on May 2, 2023, as follows:

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FEE SCHEDULE
CITY PARK PERMIT FEES – NON-STREET CLOSURES
Application Fees:
a) Application Fee $25
a) New Event Fee $100
Special Event Permit Fee $850/day

ADDITIONAL FEES FOR ALL EVENTS
Security/Clean-up Refundable Deposit $500
Equipment Use Fees - Varies based upon equipment
needed.

See Public Works
Fees
Electrical access (Orchard City Green & Campbell Park
Only)
$194
Event Day Staff Support
Police Actual Costs
Public Works Actual Costs
Recreation $40/hour
Chapter 5.50 - Special Event Permits:

Lastly, Chapter 5.50 of the Campbell Municipal Code, entitled, “ Special Event Permits ” required updating to address the new proposed administrative policy. Staff recommends an update to Chapter 5.50 by way of an ordinance. The first update is to include city parks in the definitions of events. Changes were also added to indicate that permits specific to Downtown Campbell and those that require a street closure require City Council approval and are permitted through the Police Department , while City park event requests are permitted through the Recreation & Community Services Department and do not require City Council approval.

FISCAL IMPACT
There is no impact to the General Fund by amending the Campbell Municipal Code or by adopting the new policy. The fees that would be associated with the new policy were in the Master F ee Schedule presented to and approved by the City Council on May 2, 2023.

ALTERNATIVES

1. Provide alternative direction to staff to address special event requests in Campbell parks.

2. Do not approve proposed policy and ordinance changes and limit special even ts to Campbell Park and the downtown area only.
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Introduction of Ordinance Amending 5.50 of the Campbell Municipal Code Regarding Special Events Perm Page 4 of 4
Prepared by:

Natasha Bissell, Recreation and
Community Services Director
Approved by:

Angelique Gaeta, Assistant City
Manager
Attachment:
a. Ordinance 5.50
b. 5.50.010 Special Events - Redline
c. Resolution City Park Special Event Policy
d. Proposed City Park Special Event Policy
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ORDINANCE NO._____________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AMENDING CHAPTER 5.50 OF THE CAMPBELL MUNICPAL CODE R EGARDING SPECIAL

EVENTS PERMIT

THE CITY COUNCIL OF THE CITY OF CAMPBELL DOES HEREBY ORDAIN AS FOLLOWS:

Section 1: 5.50.010 of the Campbell Municipal Code is hereby amended to read as follows with strikethroughs (strikethroughs) indicating deleted text, and underlining ( underlining) indicating added test:

5.50.010 – Definitions
For the purposes of this chap ter, the following words shall have the meanings respectively ascribed to them in this section, unless the context or the provision clearly requires otherwise:
(a) "Festival” means a fair, exhibition, ceremony, art show, program, celebration or other public assemblage of people for the conduct of a festivity, involving the complete or partial use or closure of any public highway, street, alley, sidewalk, or other public right -of-way in the city to normal vehicular or pedestrian traffic and includes the complete or partial use of a city park .
(b) "Footrace" means an event generally open to members of the public and sponsored by a person, organization or group, wherein the participants run or jog following an established route over public highways, streets , alleys, sidewalks , or other public rights -of-way within the city , city parks or trails within the city . (c) "Parade" means a march, procession, motorcade or walk upon any public highway, street, alley, sidewalk or other public right -of-way in the city. T he term "parade" as used in this chapter, does not include a funeral procession consisting of a single direct movement from a mortuary or church to a place of burial. (d) "Special event" means a parade, footrace or festival, as such terms are defined in this section. However a "block party" shall not be considered a "special event" for purposes of this chapter.
(e) "Block party" means a large public party involving more than twenty people in which members of a single residential neighborhood congregate, eit her to observe an event of some importance or simply for mutual enjoyment, involving the complete or partial use or closure of any public highway, street, alley, sidewalk, or other public right -of-way in the city to normal vehicular or pedestrian traffic.

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Attachment: Ordinance 5.50 [Revision 1] (Introduction of Ordinance Amending 5.50 of the Campbell Municipal Code Regarding Special Events

Section 1: 5.50.020 of the Campbell Municipal Code is hereby amended to read as follows with strikethroughs (strikethroughs) indicating deleted text , and underlining (underlining) indicating added test:

5.50.020 - Permit required – Prohibited activity
(a) No person shall hold, conduct, carry on or cause to be held, conducted or carried on any special event in the city which will impede the normal flow of traffic or requires the closure of a public street, without first having obtained from the city council a permit to do so issued pursuant to this chapter. (b) No person shall hold, conduct, carry on or cause to be held, conducted or carried on any block party in the city without first having obtained from the police department a permit to do so issued pursuant to an adopted city administrative policy.
(c) No person shall hold, conduct, carry on or cause to be held, conducted or carried on any special event in a city park without first having obtained from the recreation and community services department a permit to do so issued pursuant to an adopted city administrative policy.
(cd) No person may engage in any of the following activities:
(1) Participate in a special event or block party for which a permit has not been issued;
(2) Participate in a permitted special event or block party in violation of the terms of the permit;
(3) Participate in a permitted special event or block party without the consent of the permittee;
(4) Interfere with the orderly conduct of a permitted special event or block party; (5) Sell or offer for sale on public streets, sidewalks or rights-of-way any goods, wares or merchandise from vehicles, wagons, pushcarts, stalls, booths or other methods, during or in connection with a permitted special event, unless such sales activity is conducted pursuant to and in accordance with the terms and conditions of the special event permit and with the authorization of the permittee.

Section 3: 5.50.040 of the Campbell Municipal Code is hereby amended to read as follows with strikethroughs (strikethroughs) indicating deleted text, and underlining ( underlining) indicating added test:

5.50.040 Investigation of application.
(a) The recreation and community services director shall transmit a copy of the application for review and comment by each of the following departments:

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Attachment: Ordinance 5.50 [Revision 1] (Introduction of Ordinance Amending 5.50 of the Campbell Municipal Code Regarding Special Events (1) Police department; and
(2) Public works department.

The foregoing departments shall be requested to indicate on the application that the proposed permit is either approved or disapproved or approved subject to specified conditions, and to return the application to the recreation and community services director within twenty days.
(b) Upon receipt of the comments and recommendations from the persons and agencies referred to in subsection (a) of this section, but in no event later than thirty sixty days after the date the application is filed, the recreation and community services director police department shall cause the application to be agendized for the hearing and determination by the city council if event includes street closures or alcohol sales. For events held in city parks an authorization or denial letter will be provided by the Recreation and Community Services Department.

SECTION 5. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision or decisions shall not affect the validity of the remaining portions of this ordinance. T he City Council hereby declares that it would have passed this ordinance, and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.

SECTION 6. This ordinance shall become effective thirty (30) days following its passage, 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 _____ day of May, 2023 by the following roll call vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

APPROVED:

________________________
Anne Bybee, Mayor

ATTEST:

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Attachment: Ordinance 5.50 [Revision 1] (Introduction of Ordinance Amending 5.50 of the Campbell Municipal Code Regarding Special Events

_________________________
Andrea Sanders, City Clerk

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Attachment: Ordinance 5.50 [Revision 1] (Introduction of Ordinance Amending 5.50 of the Campbell Municipal Code Regarding Special Events Title 5 - BUSINESS LICENSES AND REGULATIONS
Chapter 5.50 SPECIAL EVENTS PERMIT

Campbell, California, Code of Ordinances Created: 2022-12-01 08:35:33 [EST] (Supp. No. 37)

Chapter 5.50 SPECIAL EVENTS PERMIT

5.50.010 Definitions.

For the purposes of this chapter, the following words shall have the meanings respectively ascribed to them in this section, unless the context or the provision clearly requires otherwise:
(a) "Festival” means a fair, exhibition, ceremony, art show, program, celebration or other public assemblage of people for the conduct of a festivity, involving the complete or partial use or closure of any public highway, street, alley, sidewalk, or other public right-of-way in the city to normal vehicular or pedestrian traffic and includes the complete or partial use of a city park.. (b) "Footrace" means an event generally open to members of the public and sponsored by a person, organization or group, wherein the participants run or jog following an established route over public highways, streets, alleys, sidewalks, or other public rights-of-way within the city, city parks or trails within the city.
(c) "Parade" means a march, procession, motorcade or walk upon any public highway, street, alley, sidewalk or other public right-of-way in the city. The term "parade" as used in this chapter, does not include a funeral procession consisting of a single direct movement from a mortuary or church to a place of burial.
(d) "Special event" means a parade, footrace or festival, as such terms are defined in this section.

However a "block party" shall not be considered a "special event" for purposes of this chapter. (e) "Block party" means a large public party involving more than twenty people in which members of a single residential neighborhood congregate, either to observe an event of some importance or simply for mutual enjoyment, involving the complete or partial use or closure of any public highway, street, alley, sidewalk, or other public right-of-way in the city to normal vehicular or pedestrian traffic.
(Ord. 1698 § 1(part), 1988).
(Ord. No. 2147, § 1, 4-5-2011)

5.50.020 Permit required—Prohibited activity.
(a) No person shall hold, conduct, carry on or cause to be held, conducted or carried on any special event in the city which will impede the normal flow of traffic or requires the closure of a public street, without first having obtained from the city council a permit to do so issued pursuant to this chapter. (b) No person shall hold, conduct, carry on or cause to be held, conducted or carried on any block party in the city without first having obtained from the police department a permit to do so issued pursuant to an adopted city administrative policy.
(c) No person shall hold, conduct, carry on or cause to be held, conducted or carried on any special event in a city park without first having obtained from the recreation and community services department a permit to do so issued pursuant to an adopted city administrative policy. (dc) No person may engage in any of the following activities:
(1) Participate in a special event or block party for which a permit has not been issued; (2) Participate in a permitted special event or block party in violation of the terms of the permit;

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Attachment: 5.50.010 Special Events - Redline [Revision 1] (Introduction of Ordinance Amending 5.50 of the Campbell Municipal Code

Created: 2022-12-01 08:35:33 [EST]
(Supp. No. 37)

(3) Participate in a permitted special event or block party without the consent of the permittee; (4) Interfere with the orderly conduct of a permitted special event or block party; (5) Sell or offer for sale on public streets, sidewalks or rights-of-way any goods, wares or merchandise from vehicles, wagons, pushcarts, stalls, booths or other methods, during or in connection with a permitted special event, unless such sales activity is conducted pursuant to and in accordance with the terms and conditions of the special event permit and with the authorization of the permittee.
(Ord. 1698 § 1(part), 1988).
(Ord. No. 2147, § 2, 4-5-2011)

5.50.030 Application for permit.
(a) Applications for a permit to conduct a special event shall be filed with the recreation and community service director or designated representative at least ninety days in advance of the proposed event, unless permission is granted by the city council to file the application within a shorter period of time. (b) The application shall contain the following information:
(1) Name, address and description of the sponsor for the event, together with the name, address and telephone number of the contact person representing such sponsor; (2) Description of the nature and purpose of the special event to be conducted; (3) Estimated number of participants and, if a parade, the number and types of vehicles, floats, bands, marching units and animals to participate;
(4) Date of event and the hours during which it will be conducted; (5) Proposed route or area to be occupied and a statement as to whether the special event will occupy all or only a portion of the streets on which the event will be conducted; (6) Proposed method of handling vehicular and pedestrian traffic, including routes over which any traffic is to be diverted;
(7) Proposed sanitary facilities, if any are to be used, including toilet facilities, and the proposed method of sewage and refuse disposal;
(8) If food is to be sold or otherwise distributed, the procedure to be followed in the handling and preparation of such food;
(9) Description of any sales activity to be conducted upon public streets, sidewalks or rights -of- way, including the estimated number of street vendors, the nature, size and location of any booths or stalls, and a description of any vehicles, wagons, pushcarts or other mobile units to be utilized in connection with the sales activity;
(10) Number, types and locations of all loudspeakers or other sound-amplifying devices to be used; (11) Method of notifying participants prior to the event of the terms and conditions of the permit; (12) Such other information as reasonably requested by the recreation and community services director pertaining to the manner in which the proposed event will be conducted; (13) A statement of whether or not the applicant requests permission to serve any alco holic beverages.
(c) The application shall be accompanied by payment of a regulatory fee established by resolution of the City Council, which shall be in addition to any business license fee imposed pursuant to this title.

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Attachment: 5.50.010 Special Events - Redline [Revision 1] (Introduction of Ordinance Amending 5.50 of the Campbell Municipal Code

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(Supp. No. 37)

(Ord. 2040 § 1(part), 2003: Ord. 1698 § 1(part), 1988). (Ord. No. 2132, § 16, 8-30-2010, eff. 7-1-2011)

5.50.040 Investigation of application.
(a) The recreation and community services director shall transmit a copy of the application for review and comment by each of the following departments:
(1) Police department; and
(2) Public works department.

The foregoing departments shall be requested to indicate on the application that the proposed permit is either approved or disapproved or approved subject to specified conditions, and to return the application to the recreation and community services director within twenty days. (b) Upon receipt of the comments and recommendations from the persons and agencies referred to in subsection (a) of this section, but in no event later than thirty days after the date the application is filed, the recreation and community services director police department shall cause the application to be agendized for the hearing and determination by the city council if event includes street closures or alcohol sales. For events held in city parks an authorization or denial letter will be provided by the Recreation and Community Services Department. (Ord. 2040 § 1(part), 2003: Ord. 1698 § 1(part), 1988).

5.50.050 Factors to be considered in granting or denying a permit.

In determining whether a permit should be issued, the city council shall consider the following factors:
(a) Whether the special event will disrupt to an unreasonable extent the movement of other traffic or create any safety hazard as a result of such other traffic being stopped or diverted; (b) Whether sufficient police services can be provided to assure proper traffic control and the orderly conduct of the special event;
(c) Whether the streets, roads and highways over which the special event will travel or on which it will be conducted are of sufficient size and construction to safely accommodate the number of participants and the size, height and weight of any vehicles, floats, equipment or animals participating in the event;
(d) Whether the special event will interfere with any other public events to be conducted on the same day;
(e) Whether the special event is likely to cause injury to persons or property or create an unreasonable disturbance of the peace;
(f) Whether the cumulative impact of other previous special events would create an undue strain on public resources.
(Ord. 1698 § 1(part), 1988).

5.50.060 Permit for single event only.

Only one special event shall be held, conducted or carried on under a single permit issued pursuant to this chapter.

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Attachment: 5.50.010 Special Events - Redline [Revision 1] (Introduction of Ordinance Amending 5.50 of the Campbell Municipal Code

Created: 2022-12-01 08:35:33 [EST]
(Supp. No. 37)

(Ord. 1698 § 1(part), 1988).

5.50.070 Contents of permit.

Permits issued pursuant to this chapter may contain such conditions as deemed by the city council to be necessary or appropriate for the orderly and safe conduct of the event, including, but not li mited to, the following:
(a) Starting and ending times;
(b) In the case of a festival:
(1) The streets on which the festival will be conducted, (2) The number and location of booths, displays or other structures to be erected for the event and the design thereof;
(c) In the case of a parade or footrace:
(1) The assembly area and the time of assembly,
(2) The route to be followed and portions of streets to be traversed that may be occupied by the parade or footrace,
(3) The number and type of vehicles, floats, bands, marching units, pieces of equipment and animals;
(d) The nature and extent of any sales activity to be conducted upon public streets, sidewalks or rights-of-way. The holder of the special event permit shall issue to each vendor authorize d to engage in such sales activity an identification card or other evidence of such authorization, which shall be displayed by the vendor to any law enforcement officer of the city or to any representative of the permittee requesting to inspect the same; (e) Number and location of sound-amplifying devices and permitted level of amplification; (f) Number and location of persons required to control, direct and monitor that event; (g) Requirements and instruction for removal of any signs, equipment or structures erected or installed for the event and removal of litter and debris created in connection with the conduct of the event;
(h) Limitations on the sale of alcoholic beverages as may be deemed necessary for the protection of the public welfare.
(Ord. 1698 § 1(part), 1988).

5.50.080 Alcoholic beverages.
(a) No alcoholic beverages may be sold or served without prior approval of the city council. (b) The city council may approve the sale of beer or wine at a special event if the council finds that any negative impacts resulting from the sale or service of such beverages will be sufficiently mitigated so as to impose no substantial adverse impacts on the public welfare. (c) No alcoholic beverages other than those purchased or provided by licensed vendors of the special event may be consumed in the area designated for the special event. No open containers shall be permitted at locations other than at a vendors booth.
(d) The provisions of Section 8.04.040 of this code shall not apply to areas designated for service of alcoholic beverages at an approved special event.

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Attachment: 5.50.010 Special Events - Redline [Revision 1] (Introduction of Ordinance Amending 5.50 of the Campbell Municipal Code

Created: 2022-12-01 08:35:33 [EST]
(Supp. No. 37)

(Ord. 1698 § 1(part), 1988).

5.50.090 Insurance.

The applicant for a special event permit shall be subject to the insurance requirements of Chapter

11.30 of this code.
(Ord. 1698 § 1(part), 1988).

5.50.100 Cleanup deposit.

The city council may require a cash deposit to be made prior to the issuance of a permit, in order to guarantee that applicant will perform a final cleanup of all areas where the special event will be conducted. The deposit shall not exceed the actual costs estimated to be necessary to accomplish the cleanup. Final cleanup shall be completed, to the satisfaction of the director of public works, within twenty-four hours after cessation of the event. If the applicant fails to complete the cleanup within the specified period of time, or if the work is not performed to the satisfaction of the director, the director may cause any necessary deposit for payment of any costs or expenses as may be incurred in connection therewith. In the event the cleanup cost exceeds the amount of the security deposit, the applicant shall be liable to the city for payment of such excess cost. Upon certification by the director that the final cleanup has been satisfactorily completed, the cleanup deposit or any remaining balance thereof, shall be mailed to the applicant at his address shown on the application. (Ord. 1698 § 1(part), 1988).

5.50.110 Security and traffic control expenses.

As a condition for issuance of a permit, the city council may require the permittee to reimburse the city for all security, traffic control and law enforcement expenses incurred by the city in connection with the special event.
(Ord. 1698 § 1(part), 1988).

5.50.120 Waiver of requirements.

The city council may waive any or all of the requirements of this chapter if it finds:
(a) Such waiver would best serve the public interest; or (b) Waiver of the requirements is required by state or federal law. (Ord. 1698 § 1(part), 1988).

5.50.130 Transferability of permit.

Any permit issued pursuant to this chapter shall apply only to the permittee named therein and may not be transferred or assigned to any other person.
(Ord. 1698 § 1(part), 1988).

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Attachment: 5.50.010 Special Events - Redline [Revision 1] (Introduction of Ordinance Amending 5.50 of the Campbell Municipal Code

Created: 2022-12-01 08:35:33 [EST]
(Supp. No. 37)

5.50.135 Temporary Uses
Approval of a special event permit may also include related activity occurring on private property pursuant to Chapter 21.54, (Temporary Use Permits).
( Ord. No. 2270 , § 4, 3-16-2021)

5.50.140 Revocation of permit.

Any permit issued pursuant to this chapter may be summarily revoked by the city council upon a determination that:
(a) By reason of accident, disaster or other emergency, the safety of persons or property requires such revocation; or
(b) A term, condition, restriction or limitation of the permit has been violated or is being violated; or (c) Due to changed circumstances, or the discovery of facts unknown to the city council at the time the permit was issued, the considerations for issuance of the permit are no longer valid or applicable.
(Ord. 1698 § 1(part), 1988).

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Attachment: 5.50.010 Special Events - Redline [Revision 1] (Introduction of Ordinance Amending 5.50 of the Campbell Municipal Code RESOLUTION NO._________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL

TO ADOPT A NEW ADMINISTRATIVE POLICY CITY PARK SPECIAL EVENT POLICY

WHEREAS, the City of Campbell defines a special event as a 100 or more people gathering in the public right-of-way or City owned property; and WHEREAS, requests for special events have increased in recent years for locations outside of Downtown Campbell; and
WHEREAS, the existing Downtown Special Event P olicy does not provide rules and regulations to permit a special event anywhere except Downtown Campbell; and WHEREAS, the proposed new administrative policy, City Park Special Event Policy, will provide clear rules and regulations to properly permit such requests; and WHEREAS, the proposed changes to allow special events in designated parks was reviewed and approved by the Parks and Recreation Commission on February 1, 2023; and
WHEREAS, the new policy will improve customer service and make it easier for the community to submit an application for a special event in park areas located in Campbell; and
WHEREAS, the rules listed in the City Park Special Event Policy correspond to the changes in Chapter 5.50 of the Campbell Municipal Code regarding Special Events Permit,
NOW THEREFORE, BE IT RESOLVED that the City Council hereby adopts the new administrative policy, City Park Special Event Policy, for the purpose of permitting special events within Campbell, effective May 16, 2023.

PASSED AND ADOPTED this 16th day of May, 2023, by the following roll call vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED:

__________________________
Anne Bybee, Mayor

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Attachment: Resolution City Park Special Event Policy (Introduction of Ordinance Amending 5.50 of the Campbell Municipal Code Regarding ATTEST:

________________________
Andrea Sanders, City Clerk

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Attachment: Resolution City Park Special Event Policy (Introduction of Ordinance Amending 5.50 of the Campbell Municipal Code Regarding May 16, 2023 City of Campbell ▪ City Park Special Event Policy 1

Recreation and Community Services Department
1 West Campbell Avenue, # C-31
Campbell, CA 95008
(P) 408.866.2104 ▪ (F) 408.866.2795
[email protected]
www.campbellca.gov/

Office Hours
8:00 a.m. – 5:00 p.m. Monday – Friday

City Park Special Event Policy

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Attachment: Proposed City Park Special Event Policy (Introduction of Ordinance Amending 5.50 of the Campbell Municipal Code Regarding May 16, 2023 City of Campbell ▪ City Park Special Event Policy 2

I. INTRODUCTION ....................................................................................... 3 II. POLICY GUIDELINES FOR ALL SPECIAL EVENTS ....................................... 3 III. COMMUNITY IMPACT MEASURES .......................................................... 3 IV. WALK/RUN/RACE GUIDELINES ................................................................ 3 V. ALL EVENT GUIDELINES ........................................................................... 4 Insurance ................................................................................................. 4 Amplified Sound ...................................................................................... 4 Trash and Cleanup ................................................................................... 4 Portable Toilets ....................................................................................... 5 Tents and Canopies ................................................................................. 5 Electrical .................................................................................................. 5 Air Jumpers.............................................................................................. 6 Food Trucks ............................................................................................. 6 VI. PERMITS FROM OUTSIDE AGENCIES ....................................................... 6 VII. SITE LOCATION OVERVIEW ..................................................................... 7 VIII. VENDOR CONDITIONS AND REGULATIONS ............................................ 7 IX. FOOD BOOTHS ........................................................................................ 8 X. ALCOHOL ................................................................................................. 9 XI. APPLICATION PROCESS ......................................................................... 10 XII. FEES ....................................................................................................... 11 XIII. APPLICATON .......................................................................................... 12

TABLE OF CONTENTS

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Attachment: Proposed City Park Special Event Policy (Introduction of Ordinance Amending 5.50 of the Campbell Municipal Code Regarding May 16, 2023 City of Campbell ▪ City Park Special Event Policy 3 I. INTRODUCTION
The purpose of the City Park Special Event Policy is to provide a process for permitting special civic, cultural, and fundraising events using public property , specifically designated City Parks. This policy applies to any gathering of 100 people or more requesting to host an event at one of the designated City Park locations.

II. POLICY GUIDELINES FOR ALL SPECIAL EVENTS
• The event must contribute to the economic enhancement, cultural enrichment and/or promotion of the City. • The event must not severely disrupt normal business and residential traffic patterns. Plans must be developed that mitigate public inconvenience to the greatest extent possible. • The proposed site must be suitable for the event, with consideration given to adequate space, traffic flow, parking, electricity, health and safety requirements, and impact on the site. • Whether sufficient police services can be provided to assure proper traffic contr ol and the orderly conduct of the special event.
• Whether the special event will interfere with any other public events to be conducted on the same day. • The Organizer must pay for all City services as required by City Council Policy. The alcohol sales will be by permit only. Permits are subject to approval by the Chief of Police and are subject to the guidelines established by the Alcoholic Beverage Control Board of the State of California. • Special Events are only permitted in the City parks listed in the Site Location Overview section. • Any special event permit can be immediately suspended if violations or safety issues occur that the on-scene personnel feel needs to be shut down.

III. COMMUNITY IMPACT MEASURES
Without appropriate planning, events can have significant negative impacts on the community (ex.: excessive traffic, illegal parking, litter, & graffiti). Therefore, the City requires that Organizers take specific measures to mitigate anticipated negative impacts, including but not limited to:
• Distribute flyers giving advance notice to nearby neighborhoods and residents and any impacted businesses of event dates.
• Develop and implement parking and traffic control plans for residential areas. • Prohibit the posting and/or distribution (before and during the event) of stickers, coupons, or flyers anywhere within Campbell. The Organizer shall be subject to fines imposed by the City to cover costs for clean-up should any of the above occur.
• All COG signs are prohibited.

IV. WALK / RUN / RACE GUIDELINES
• Any request for a walk/run/footrace which requires the closure of a public street must submit their request directly to the Police Department.
• All requests for walk/run/footrace through this policy are only permitted at Campbell Park with the utilization of the Los Gatos Creek Trail. The duration of any walk, run or race should not exceed two hours. • Quiet zones may be established by the City, wit hin which no amplified sound, band music and/or percussion, sounding of vehicle horn/siren, etc. may occur.
• An adequate number of trash receptacles as determined by the City must line the walk, run or race route.

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Attachment: Proposed City Park Special Event Policy (Introduction of Ordinance Amending 5.50 of the Campbell Municipal Code Regarding May 16, 2023 City of Campbell ▪ City Park Special Event Policy 4 V. ALL EVENT GUIDELINES

INSURANCE
The O rganizer must provide a Certificate of Insurance and Endorsements that meet with the City Risk Manager’s approval no less than 14 days prior to the special event . Failure to obtain the proper insurance will result in the cancellation of the special event and no refund will be provided. The cost of such insurance shall be the responsibility of the Organizer.

The Organizer shall obtain and maintain for the duration of the event (including setup and dismantling times) insurance against claims for injuries to persons or damages to property which may arise from or be in connection with the event and related work performed by the Organizer, its agents, representatives, employees, volunteers, or subcontractors; products and completed operations of the Organizer; premises owned, leased or used by the Organizer; or automobiles owned, leased, hired or borrowed by the Organizer.

The following insurance requirements are standard for special events:

The Organizer shall furnish the Risk Manager a Certificate of Insurance showing there is in force the following valid Policy naming the Organizer as insured and showing:
• Commercial General Liability: minimum $1,000,000 combined single limit per occurrence for bodily injury and property damage including products and completed operations; • Automobile Liability: (required for parades and car shows) minimum $1,000,000 combined single limit per accident for bodily injury and property damage for all owned, hired or non-owned vehicles. • Liquor Liability (if alcohol is being served or sold): minimum $1,000,000 limit per occurrence. • Workers’ Compensation and Employers’ Liability: limit of not less than $100,000 per accident as required by the Labor Code of the State of California. (This is needed to cover all employees and volunteers) Required Endorsements
• Commercial General Liability Certificate must be accompanied by the following endorsements:
• The City of Campbell, its officers, employees, agents, and contractors must be named as additional insured. • Ten (10) day written notice of cancellation or changes in coverage shall be provided to the City of Campbell. • The insurance is primary insurance as respects the City, its officials, employees, agents, and contractors. Any other insurance the City may have shall be considered excess insurance only. • Coverage shall state that the Organizer’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. • The Organizer shall include all subcontractors as insured under its policies or shall obtain separate Certificates of Insurance and Endorsements for each subcontractor.

AMPLIFIED SOUND
Amplified sound is any sound that is enhanced by mechanical or electronic means. Amplified sound is not permitted in residential areas. The City may place a restriction on the decibel output or on the hours allowed for any amplified sound request.

TRASH AND CLEANUP
Organizer is responsible for having adequate waste receptacles and must remove all waste and end of the event. Litter and trash control shall include the event site and a one (1) block radius around the event site. Organizer is to provide copies of rental agreements for commercial dumpsters and designate locations. The coordination of drop-off and pick- up of waste receptacles is the responsibility of the event Organizer.

Cleanup - The Organizer must submit an event cleanup plan. The plan must indicate:

1. Sufficient staff to handle cleanup throughout the day and after the event

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2. Sufficient equipment placed in effective locations (dumpsters, toters, trash receptacles, hot coal barrels, and grease barrels).

If necessary, City staff will provide post-event cleanup at the expense of the event organizer. • Vendors must extinguish all coals before dumping them in a designated receptacle. • Booths, stages and other equipment must be removed immediately following the event to permit trash and garbage cleanup.

PORTABLE TOILETS
Organizer is responsible to provide portable toilets and handwashing stations for their event if on site restroom facilities are not adequate for event size. Organizer will be required to indicate their location on the site diagram. The number of portable toilets will be based on a min imum of an 8th of 1% of the anticipated number of participants expected with a minimum of four (4) portable toi lets (2 unisex and 2 accessible). This formula will be used unless applicant can substantiate the availability of both accessible and non-accessible facilities in the area of the event. A minimum of one (1) handwashing station will be required per four (4) toilets needed. The coordination of drop-off, pick-up and security of portable toilets/handwashing station is the responsibility of the event Organizer.

Ten percent (10%) of the total number of toilets shall be accessible. Location/layout shall indicate that all portable toilets are located on level sites (no more than a 2% slope) with appropriate clear path -of-trave (a minimum of 48” wide) to the toilet entrance. The goal is to have at least one wheelchair accessible toilet in each grouping of portable toilets.

TENTS AND CANOPIES
Article 32 of the State Fire code requires that permits be obtained for the rental, use, or installation of:
• Tents over 200 square feet in size; and
• Canopies over 400 square feet in size.

When more than one tent or canopy is installed at the same location, adjacent to one another, the total square footage shall be computed for the purpose of enforcing the need for a permit.

The code was written to provide assurance that the fabric is of a non-flammable material, the unit is properly installed and anchored to the ground, and exits are clearly marked and readily accessible in the event of an emergency.

The Santa Clara County Fire Department is the governing body for the City of Campbell. They will generally only issue the permits to the vendor who owns and sets up the tents and canopies.

To obtain a permit, or obtain further information, contact:

Santa Clara County Fire Department (408) 378-4010, Office of Fire Prevention 14700 Winchester Blvd., LG, CA 95030

When erecting a tent or canopy no stakes shall be placed into the ground (to prevent damage to the irrigation system).

Weights, sandbags, or barrels of water are suggested alternatives. Tents or canopies larger that 10’x10’ are not permitted on any turf spaces. The Recreation and Community Services Department has final authority on the use and number of tents or canopies in City parks and all tents and canopies meeting square footage restrictions listed above are subject to approval from the Santa Clara County Fire Department.

ELECTRICAL
Electrical power is limited by location and the amount of power needed. The City will not be able to provide power in many locations, and in those cases the Organizer will need to use whisper quiet generators for power and provide required and Santa Clara County Fire Department approved fire extinguishers . If City staff is required to assist with electrical access, the Organizer will be charged the fee associated and approved within the City’s Fee S chedule. There will be no charge for actual power used.

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AIR JUMPERS
Only City approved air jumpers are allowed to provide services. For a current list of approved air jumper rental companies, please visit www.campbellca.go v/picnics. All approved air jumper companies must provide proof of Campbell Business License and current liability insurance with required limits dictated by the City.

FOOD TRUCKS
Food Trucks are allowed at special events with a designation as to the number of trucks at each site. Food Trucks must be approved by staff, must have a current Campbell Business License to operate business within the City of Campbell , and have a Health Inspection Pass from the Santa Clara County Health Department . The Organizer is responsible for ensuring all Food Trucks have proper permits with the health department and must submit the business name prior to the permit being issued. Staff has final approval on number of food trucks, location of food trucks and time allowed to be on site for the special event.

VI. PERMITS FROM OUTSIDE AGENCIES
The Organizer is responsible for obtaining all necessary permits required but not limited to those outlined below.

Depending on the event plan, these may include the following:
• Department of Alcoholic Beverage Control (ABC) permit – Daily License Application Form ABC-221 o Outdoor events may require Supplemental Diagram Form ABC-253 • Santa Clara County Fire Department activity permit (for tents, canopies, food booths) Application • Santa Clara County Department of Environmental Health – Permit Information • Certificate of Insurance meeting the City’s requirements

The Organizer is also responsible for ensuring that event vendors obtain the following, as required:
• Temporary event food permit
• Temporary seller’s permit
• Food vendors must comply with both City and Fire Department requirements including fire retardant tarps or plywood under all cooking apparatus and covering the floor inside the booth. Vendors must protect all pavements to ensure prevention of grease soiling and spatter.

The Organizer must submit all the required permits (above) to the City no later than fourteen (14) days before the event and must submit an original copy of the certificate of insurance to the City no later than fourteen (14) days before the event. Organizer is responsible for coordinating any and all safety inspections with County Fire or the Health Department the morning of the event for final approval.

PERMIT RESOURCES
• Alcoholic Beverage Control, State of California ............................................................... 408-277-1200 100 Paseo de San Antonio, Rm. 119, San Jose, CA 95113
https://www.abc.ca.gov/licensing/license-forms/form-abc-221-instructions/ Form ABC-221 Form ABC-253
• California Department of Tax and Fee Administration ........................ ……………………….. 408-277-1231 250 S. Second Street, San Jose, CA 95113
https://www.cdtfa.ca.gov/industry/temporary-sellers.htm • Department of Environmental Health, Santa Clara County ................. ……………………….. 408-918-3400 1555 Berger Dr. #300, San Jose, CA 95112
https://cpd.sccgov.org/programs-and-services/temporary-events • Santa Clara County Fire Department (Permits for food booths, tents and electrical use)……………… 408-378-4010 14700 Winchester Blvd., Los Gatos, CA 95030-1818
https://www.sccfd.org/fire-prevention/applications-forms/ Application

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Attachment: Proposed City Park Special Event Policy (Introduction of Ordinance Amending 5.50 of the Campbell Municipal Code Regarding May 16, 2023 City of Campbell ▪ City Park Special Event Policy 7 VII. SITE LOCATION OVERVIEW
Below list specific locations for permits through this Special Event Policy. The City only permits Special Events in the City parks or public spaces listed below. All street closure requests must be approved by the City Council and Campbell Police Department.

LOCATION
Max
Occupancy
City Electrical
Access?
Alcohol
Allowed?
Alcohol
Sales?
Food
Booths?
Food
Trucks?
Vendor
Booths?
Edith Morley
Park
200 No Yes No No 2 Yes
Campbell
Park
300 Yes Yes No No 1 No
Campbell
Park w/Trail
foot race only
1,0
00 Yes Yes No No 1 No
Orchard City
Green
750 Yes Yes Yes Yes No Yes
Community
Center
900 No No No Yes 3 Yes
*Final approval of number and location is determined by the Santa Clara County Fire Department.

VIII. VENDOR CONDITIONS & REGULATIONS
• Vending activity will be limited to the area within the event site approved by the City. Vending activity must not block or impede pedestrian movement or through access of City park. • All vending equipment must be easily moved and self-supporting. No equipment or advertising sign shall be fastened to, or posted on any hydrant, light pole, street fixture, or other permanent structure. • Each vendor must clean his/her area of operation and remove all goods and equipment at the close of the event. • Vendors of taxable goods or services must meet State Board of Equalization permit requirements. Sellers can obtain the Application for Temporary Seller’s Permit (Form #BT-400-MT) from the State Board of Equalization, Special Events Coordinator, 250 S Second Street, San Jose, CA 95113 (408) 277-1231. • The Organizer is responsible to obtain evidence that sellers hold a valid seller’s permit or that they are not offering for sale any items subject to sales tax. Sellers with permits may verify their permits by giving you their sales tax numbers.
• If the seller is not offering for sale items that are subject to sales tax, they must complete Form #BOE -410-D obtained from the local Board of Equalization Office.
• Prior to the event, the Organizer must deliver to the local Board of Equalization office the sales tax numbers of all sellers who have temporary or permanent seller’s permits, and copies of Form #BOE-410-D from sellers who are selling non-taxable items.
• All vendor and/or sponsor booths must be on paved surface and are never permitted on turf. • Staff has final approval of location of any and all booth spaces for special events. • Sponsor booths are for the dissemination of information and do not sell any products or services while at the event; while vendor booths sell or vend products and/or services at the event. • Sponsor booths may be approved by staff in event locations where vendor booths are not allowed.

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Attachment: Proposed City Park Special Event Policy (Introduction of Ordinance Amending 5.50 of the Campbell Municipal Code Regarding May 16, 2023 City of Campbell ▪ City Park Special Event Policy 8 IX. FOOD BOOTHS

PERMIT REQUIREMENTS
Event Organizer is responsible to provide evidence of at least one each: 1) dish washing, 2) waste, and 3) grease station per separate food booth location. Temporary food booth operators must comply with Santa Clara County Fire Department regulations and Santa Clara County Environmental Health Services regulations for operation of food booth(s). Santa Clara County Fire Department inspects food booths for compliance with public safety requirements, and Environmental Health Services regulates food preparati on and handling as well as food booth construction. The Organizer is responsible for submitting food booth operators’ application and fees to Environmental Health Services no later than fourteen (14) days prior to the event. Forms may be obtained from the County of Santa Clara, Environmental Health Services, and Office of Consumer Protection. The Organizer must also complete a permit application for Special Events from Santa Clara County Fire Department, 14700 Winchester Boulevard, Los Gatos 95030-1818 tel. (408) 378- 4010 FAX (408) 378-9342. Forms may be obtained from Santa Clara County Fire Department.

Booth Construction: located a minimum of 20 feet from any permanent structure; cooking booths separated from non- food booths by 10 feet; all fabric or pliable canopy covers, must be fire resistive material and labeled as such, exit openings shall be a minimum of 3 feet wide and 6 feet 8 inches high; vehicles shall be parked a minimum of 20 feet from the booth. Access to the back of the food booths must be blocked by temporary fencing.

BOOTH REQUIREMENTS

1. Cooking Equipment: See Santa Clara County Health and Fire Dept. Guidelines for current regulations. All cooking equipment shall be of an approved type; Coleman stoves of equivalent with approved fuel only (no gasoline or kerosene, no fueling in booth, no fuel storage in booth); butane or propane equipment shall conform to: a) maximum size is 5 LPG, b) tanks shall have a shut off valve, c) stove must have an on/off valves, d) hoses must be of type approved for use with equipment, e) tank must be far enough away from stove to be shut off in case of fire, f) tank must be protected from damage and secured in upright position, h) tanks outside booth must have a pressure regulator if in excess of 5 gallon capaci ty, I) no storage of extra butane or propane tanks in booth, j) turn off tank when not in use; all connections must be tested prior to use; a minimum of 18 inches shall be provided between booth backdrop material and cooking appliances; and a minimum of 16 inches shall be provided between deep frying appliances and open flame stoves.

2. Fire Extinguishers: each booth must have a minimum 2A-10BC rated portable fire extinguisher; deep fat/flame- type cooking may require additional &/or larger units as determin ed by Fire Marshall; fire extinguishers shall conform to the following: a) must be mounted or secured so it will not fall over, b) must be visible and accessible and away from the cooking area, c) must have been serviced within the past year with a service tag attached.

3. Charcoal BBQ Cooking: is prohibited inside booths; only commercially sold fuel may be used; shall be performed only in areas away from public access and shall be located a minimum of 10 feet from any booth and a minimum of 15 feet from any permanent structure, only commercially sold lighter fluid or fire starters may be used, no storage of starter in booth, coals shall be disposed of only in metal containers designated for such purpose and approved by the Fire Marshal. Dumping of coals in trash containers is prohibited!

4. Wood BBQ Cooking: is prohibited inside booths, shall be performed only in areas away from public access, distances from wood BBQs to permanent structures or festival booths shall be as approved by the Fire Marshall, fuel shall not be stored inside booths, coals shall be disposed of only in metal containers designated for that purpose and approved by the Fire Marshal. Dumping of coals in trash containers is prohibited!

5. Deep Fat Fry/Flame Cooking: shall be located in a separate enclosure where only cooking operations are performed, these enclosures shall conform to booth construction requirements, but the top of the enclosure shall be open or shall have metal screening with a minimum height of 7 feet. Floor coverin g of fire-retardant

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Attachment: Proposed City Park Special Event Policy (Introduction of Ordinance Amending 5.50 of the Campbell Municipal Code Regarding May 16, 2023 City of Campbell ▪ City Park Special Event Policy 9 tarps or plywood is required under all cooking equipment (grills, fryers, BBQ’s, etc.) and must extend a minimum of 2 feet beyond the cooking equipment on all sides to prevent grease from accumulating on the street or sidewalk surface. The stacking of supplies and/or equipment against any buildings, news rack or structure is prohibited.

6. Housekeeping: use non-combustible materials, when possible, in cooking areas, remove trash accumulations regularly, clean cooking surfaces regularly to prevent grease build-up.

7. Fire Safety Tips: know where the fire extinguisher is and how to use it, don’t leave food cooking unattended, don’t wear loose-fitting clothing when cooking, keep combustibles away from heat sources.

X. ALCOHOL
The sale of alcohol is allowed by permit only. The Organizer must:
• Obtain an authorization letter from the Campbell Police Department (408) 866-2121 • Obtain a permit from the: STATE OF CALIFORNIA

ALCOHOLIC BEVERAGE CONTROL
100 Paseo de San Antonio, Room 119
San Jose, CA 95113
Tel: (408) 277-1200
• The Organizer will be responsible for maintaining controls as specified by the Alcoholic Beverage Control Board.

The following listing may not be current, please verify requirements with ABC to assure compliance. Organizer must ensure that:
o Servers are at least 21 years of age.
o No person under the age 21 years is served.
o No person is served who appears intoxicated.
o Alcohol is consumed only within designated areas.
o Alcohol quantity per cup/serving is limited to 14oz for beer and 4 oz for wine only. o Service of alcohol is limited to no more than two cups per customer per purchase. o No cans or bottles of alcohol are brought into the event area by attendees. o Alcohol is not to be carried outside or brought inside the designated event area. • Hours of sale will be determined by the Campbell Police Department. Police may close the sale of alcohol at any time during the event if they determine that these controls are not being adhered to or in the interest of public safety. Please note that the ABC may also visit the event site to determine that their requirements are met.
• The Organizer must provide information at the pre-event meeting on the following:

1. Confirm the quantity of beverage dispensed per serving,

2. The amount to be charged per serving, and

3. If alcoholic beverage sales will be cash, token or both prior to the pre-event meeting,

4. Provide a sample of the age identification mechanism (after their age has been verified) o f (i.e. wrist band or other such I.D to be issued to each individual consuming alcohol (a sample must also be included in the permit package submitted to the City).
• Signs must be posted at all exits that “Alcohol is NOT Allowed Beyond this Point”.

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Attachment: Proposed City Park Special Event Policy (Introduction of Ordinance Amending 5.50 of the Campbell Municipal Code Regarding May 16, 2023 City of Campbell ▪ City Park Special Event Policy 10 XI. APPLICATION PROCESS
Below provides a detail description of the application process. It is critical that event organizers adhere to listed timelines. Failure to submit materials completely can result in applications being denied. All permits that require City Council approval cannot begin less that 90 days prior to the event.

STEP 1: Submit Special Event Application At least 90 days prior to event The Special Event Application is very thor ough and will collect all the necessary information to make permitting your event a smooth process. Failure to provide all the requested materials (descriptions, site diagrams, financial reports, etc) will greatly delay the process and possibly result in your request being denied.

STEP 2: Attend Pre-Event Meeting No later than 60 days prior for NEW events 30 days prior for returning events
After the City receives a completed application with all required materials a pre-event meeting with the Event Organizer and representatives from City departments will be scheduled a minimum of 60 days before the event for returning events and 30 days prior for new events. The Event Organizer must attend this meeting.

At this meeting, the Event Organizer will present the proposed event plan and, with City staff, will finalize an event plan that meets public health and safety standards, provides for the delivery of City services and addresses the concerns of the community. The necessary number of portable toilets, waste containers, medical personnel, security personnel, etc., will be jointly determined and the Organizer will be informed of all required fees, permits and insurance.

STEP 3: Receive Authorization Letter from the City 14 days after Pre-Event Meeting After the event plan has been finalized, the City issues an event authorization letter to the Event Organizer. The letter includes specific conditions that must be met by the Event Organizer in conducting the event, and gives a City services cost estimate based upon the agreed event plan.

Before any event activity may begin, the Organizer must sign the letter and agree to:

1. Adhere to the conditions approved by the City as outlined in pre-event the meeting minutes.

2. Reimburse the City for the balance of the actual cost of City services within thirty (30) days from date of invoice.

3. Pay for any damage to or loss of City property as a result of the event.

Upon the return of the signed authorization letter, all applicable permt fees are due.

STEP 4: Submit Insurance and Permits from Outside Agencies 14 to 21 days prior to event A Certificate of Insurance meeting all requirements outlined in this policy must be submitted to the City all the endorsement pages. In addition, any required permits from outside agencies such as ABC, County Fire , Health Department etc, are also required to be submitted to City staff no later than 14 days prior to the event date.

STEP 5: Portable Toilets & Trash Bin Verification 14 days prior to event Event Organizer must provide City with copies of agreements that provide evidence of adequate portable toilets and trash bin arrangements for expected attendance.

STEP 6: Pre-Event Site Walkthrough 1 to 2 days prior to event Attend pre-event site walkthrough with City appropriate staff from any or all departments such as Recreation, Public Works and/or Police.

STEP 7: DAY OF EVENT – SAFETY INSPECTION SCHEDULED EVENT DATE For any event that required a permit the Santa Clara County Fire Department and/or the County Environmental Health Department is also required to conduct an on site safety inspection with the respective agencies prior to the start of the event.

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Attachment: Proposed City Park Special Event Policy (Introduction of Ordinance Amending 5.50 of the Campbell Municipal Code Regarding May 16, 2023 City of Campbell ▪ City Park Special Event Policy 11 XII. FEES

COST ESTIMATES
City departments may provide the following event support services at full cost recovery:
• Tow zone signs for event host’s posting and removal
• Minimal access to electrical service (Orchard City Green Only) • Street Sweeping, litter pickup, trash removal, pow er washing of pathways and repairs for damage to public property
• Barricade and cone delivery/installation/removal
• Uniformed Officers
• Other Staff Suport
At the pre-event meeting, City staff will determine which City services are required. Based on the event plan developed at the pre-event meeting, City departments will submit cost estimates to the City. If City staff finds it necessary to change the event plan after the pre-event meeting, the City will advise the Event Organizer of the changes and any related cost increases or decreases. If the Event Organizer requests changes to the event plan after the pre -event meeting, it is the Event Organizer’s responsibility to inform the City immediately. Revised cost estimates will be prepared based on the current information. All plans are subject to final acceptance/approval by the City of Campbell.

Cost estimates will be included in the Event Authorization Letter and the Event Organizer is responsible for 25% of those fees at the time of signing.

DUE DATES FOR FEES
Application and New Event (if applicable) Fees Due upon submission of completed Special Event Application
Refundable Deposit and permit fees Due in full upon signing Event Authorization Letter

FEE SCHEDULE
CITY PARK PERMIT FEES – NON-STREET CLOSURES
Application Fees:
a) Application Fee $25
a) New Event Fee $100
Special Event Permit Fee $850/day

ADDITIONAL FEES FOR ALL EVENTS
Security/Clean-up Refundable Deposit $500
Equipment Use Fees - Varies based upon equipment needed. See Public Works Fees Electrical access (Orchard City Green & Campbell Park Only) $194 Event Day Staff Support
Police Actual Costs
Public Works Actual Costs
Recreation $40/hour

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Attachment: Proposed City Park Special Event Policy (Introduction of Ordinance Amending 5.50 of the Campbell Municipal Code Regarding May 16, 2023 City of Campbell ▪ City Park Special Event Policy 12

CITY OF CAMPBELL

RECREATION & COMMUNITY SERVICES

CITY PARK SPECIAL EVENT APPLICATION

1. SUBMITTAL DATE
TODAY’S DATE_________________________
Applications must be submitted 90 days in advance. Incomplete applications not be approved. Applications submitted less than 90 days in advance will only be considered if staff time allows. Completed/initialed application, event description, event map, and application processing fee must be included at time of submittal.

2. EVENT INFORMATION
Event Name:

Type of Event:

Run/Walk/Footrace
Festival
Other:__________________
Location of Event:

Edith Morley Park
Campbell Park
Campbell Park & Trail
Orchard City Green
Community Center
Has this event been produced before? ______ Yes ______ No Is this an annual event? ______ Yes ______ No
Single Event Date: Multi-day Event Dates:

Event Start Time for Public: Event End Time for Public:

Set-up Date(s):____________ to _____________ Set-up Time(s):____________ to _____________ Clean Up Date(s):___________ to ____________ Clean Up Time(s):___________ to ____________ Estimated Attendance: Admission Charged? ______ Yes ______ No Amplified Sound? ______ Yes ______ No Live Entertainment? ______ Yes ______ No Alcoholic Beverages Served? ____ Yes ____ No Alcoholic Beverages Sold? ____ Yes ____ No Food Booths? ______ Yes ______ No Vendor Booths? ______ Yes ______ No Food Trucks? ______ Yes ______ No Generators Used? ______ Yes ______ No Electrical Access? ______ Yes ______ No (Orchard City Green & Campbell Park ONLY)

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Attachment: Proposed City Park Special Event Policy (Introduction of Ordinance Amending 5.50 of the Campbell Municipal Code Regarding May 16, 2023 City of Campbell ▪ City Park Special Event Policy 13

3. APPLICANT / CONTACT INFORMATION
Name of Applicant/Event Planner:

Street Address: Apt/Unit/Suite:

City: State: Zip Code:

Email Address:

Cell Phone: Other Phone:

NOTE: This is the person the City will be working with on coordinating this event. Applicant/Event Planner is responsible for all aspects of this event, including obtaining insurance and other required permits.

Name of Sponsoring Organization/Company:

Street Address: Apt/Unit/Suite:

City: State: Zip Code:

Email Address:

Main Phone: Fax #:

Website:

Event Contact Name for Public Information: (if different from Applicant) Email Address:

Phone 1: Phone 2: Website:

On-Site Contact Name(s) for Day of Event:

Name: Cell Phone:

Name: Cell Phone:

NOTE: On-site contact(s) must be on-site during event hours including set-up and clean-up.

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Attachment: Proposed City Park Special Event Policy (Introduction of Ordinance Amending 5.50 of the Campbell Municipal Code Regarding May 16, 2023 City of Campbell ▪ City Park Special Event Policy 14

4. MANDATORY INFORMATION

THE INFORMATION BELOW IS REQUIRED FOR ALL SPECIAL EVENTS AND MUST BE PREPARED AS DESCRIBED. ANY APPLICATION WITH INCOMPLETE INFORMATION WILL NOT BE ACCEPTED AND FEES WILL NOT BE REFUNDED.

Initial:_________

EVENT DESCRIPTIONS
a. Brief Event Description: A brief 50 words or less event description must be submitted for possible use in brochures, websites, or other publications.

Initial:_________
b. Detailed Event Description: A detailed event description must be submitted describing all aspects of the event including: logistics, schedule of events, changes from previous years events, and any other relevant information.

Initial:_________

SITE DIAGRAM or ROUTE MAP
A detailed drawing depicting the proposed activity’s layout, including the number and location of any booths, tables, stages, fences, waste receptacles, signage, portable toilets, and all other event equipment. For parades, runs, walks, and races: a detailed map showing the proposed activity’s complete route, staging area, start and finish points, direction of movement and proposed street closures. For street closures, indicate the specific lane(s) requiring closure.

Initial:_________

Event Description - BRIEF
Describe your event in 50 words or less

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Attachment: Proposed City Park Special Event Policy (Introduction of Ordinance Amending 5.50 of the Campbell Municipal Code Regarding May 16, 2023 City of Campbell ▪ City Park Special Event Policy 15 Event Description - DETAILED
Attach additional documents if more space is needed.

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Attachment: Proposed City Park Special Event Policy (Introduction of Ordinance Amending 5.50 of the Campbell Municipal Code Regarding May 16, 2023 City of Campbell ▪ City Park Special Event Policy 16

5. INSURANCE

EVENT ORGANIZER SHALL PROVIDE INSURANCE AS FOLLOWS NO LATER THAN 14 DAYS IN ADVANCE OF THE EVENT.

Initial:_________
The Organizer shall furnish the Risk Manager a Certificate of Insurance showing there is in force the following valid Policy naming the Organizer as insured and showing:
• Commercial General Liability: minimum $1,000,000 combined single limit per occurrence for bodily injury and property damage including products and completed operations. • Automobile Liability: (required for parades and car shows) minimum $1,000,000 combined single limit per accident for bodily injury and property damage for all owned, hired or non-owned vehicles. • Liquor Liability (if alcohol is being served or sold): minimum $1,000,000 limit per occurrence. • Workers’ Compensation and Employers’ Liability: limit of not less than $100,000 per accident as required by the Labor Code of the State of California. (This is needed to cover all employees and volunteers) Required Endorsements
• Commercial General Liability Certificate must be accompanied by the following endorsements:
• The City of Campbell, its officers, employees, agents, and contractors must be named as additional insured. • Ten (10) day written notice of cancellation or changes in coverage shall be provided to the City of Campbell.
• The insurance is primary insurance as respects the City, its officials, employees, agents, and contractors.

Any other insurance the City may have shall be considered excess insurance only. • Coverage shall state that the Organizer’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. • The Organizer shall include all subcontractors as insured under its policies or shall obtain separate Certificates of Insurance and Endorsements for each subcontractor.

6. AMPLIFIED SOUND
The City of Campbell defines “amplified sound” as speech, music, or other sound projected or transmitted by electronic equipment including amplifiers, loudspeakers, microphones, or similar devices which are powered by electricity, battery, or generators and which are intended to increase the volume, range, distance or intensity of speech, music or other sound. The City may restrict the use of amplified sound depending on the impact to residents.
a. Will this event include amplified sound? ______ Yes ______ No b. What times are you requesting amplified sound? This includes set -up, sound checks, and clean up. Start:
______ End: ______
c. Describe the sound equipment that will be used at the event: ___________________________ ______________________________________________________________________________________________ ________________________________________________________________________

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Attachment: Proposed City Park Special Event Policy (Introduction of Ordinance Amending 5.50 of the Campbell Municipal Code Regarding May 16, 2023 City of Campbell ▪ City Park Special Event Policy 17

7. ALCOHOL
The Organizer is responsible for the following:
• Obtain an authorization letter from the Campbell Police Department. • Obtain a permit from ABC.
• The Organizer is responsible for maintaining controls as specified by the Alcoholic Beverage Control Board.

The following list may not be current, please verify requirements with ABC to assure compliance. Organizer must ensure that:
o Servers are at least 21 years of age.
o No person under the age 21 years is served.
o No person is served who appears intoxicated.
o Alcohol is consumed only within designated areas.
o Alcohol quantity per cup/serving is limited to 14oz for beer and 4 oz for wine only. o Service of alcohol is limited to no more than two cups per customer per purchase. o No cans or bottles of alcohol are brought into the event area by attendees. o Alcohol is not to be carried outside or brought inside the designated event area. • Hours of sale will be determined by the Campbell Police Department. Police may close the sale of alcohol at any time during the event if they determine that these controls are not being adhered to or in the interest of public safety. Please note that the ABC may also visit the event site to determine that their requirements are met.
• The Organizer must provide information at the pre-event meeting on the following:

1. Confirm the quantity of beverage dispensed per serving,

2. The amount to be charged per serving, and

3. If alcoholic beverage sales will be cash, token or both prior to the pre-event meeting,

4. Provide a sample of the age identification mechanism (after their age has been verified) of (i.e. wrist band or other such I.D to be issued to each individual consuming alcohol (a sample must also be included in the permit package submitted to the City).
• Signs must be posted at all exits that “Alcohol is NOT Allowed Beyond this Point”.

I have read and acknowledge the above rules and regulations surrounding the consumption and sale of alcohol.

Initial:_________

8. ALCOHOL MANAGEMENT PLAN
Are you requesting permission to serve alcohol at your event? YES NO Will alcohol be sold to the attendees? YES NO If yes, type of alcohol (check all that apply): Beer Wine a. Explain your sales plan (ticket system, cash at service area, etc.):____________________________________________________________________________________ ________________________________________________________________________________________ ____________________________________________________
b. Explain your method of serving: __________________________________________________ ________________________________________________________________________________________ ________________________________________________________________ c. Explain who will serve the alcohol (professional bartenders, volunteers, etc.): ____________ ____________________________________________________________________________

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Attachment: Proposed City Park Special Event Policy (Introduction of Ordinance Amending 5.50 of the Campbell Municipal Code Regarding May 16, 2023 City of Campbell ▪ City Park Special Event Policy 18

9. AUTHORIZATION TO HOST EVENT
Event organizer acknowledges and understands that the application submission is not an authorization to host the event. All marketing materials, websites and social media outlets shall not list or indicate an event hosted within the City of Campbell prior to receiving the authorization letter issued by the city.

Initial:_________

10. EVENT TERMINATION
Event organizer acknowledges and understands that City staff can immediately suspend a permit (shut down a special event) if violations or safety issues occur that the on-scene personnel feel needs to be shut down.

Initial:_________

11. DUE DATES
Event Organizer is responsible for submitting all additional permits from outside agencies no later than 14 days prior to the event date.

Initial:_________
Event Organizer is responsible for hosting safety inspections with required outside agencies when deemed necessary.

Initial:_________

12. FEES
APPLICATION FEES:

Event Organizer agrees to pay all required application fees upon submission of this application.

Initial:_________
PERMIT FEES:

All permit fees for events are due upon signing the authorization letter.

Initial:_________
FINAL PERMIT FEES:

Event Organizer agrees to pay remaining balance of fees within 30 days of being invoiced by the City if additional charges are applied.

Initial:_________

________________________________________________________________________________________ ________________________________________________________________ d. How many alcohol service locations will you have and where will they be located? (include on site map):
___________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ e. Is the event open to all ages? Yes No
Explain how IDs will be checked, wrist bands applied and how you will monitor any underage drinking:
____________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________ f. Do you have an alcohol sponsor? Yes No If yes, explain:_____________________ ________________________________________________________________________________________ ________________________________________________________________

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Attachment: Proposed City Park Special Event Policy (Introduction of Ordinance Amending 5.50 of the Campbell Municipal Code Regarding

City
Council
Report

TITLE: Approval of Special Event Permit for the Historic Downtown Campbell Classic Car Show (Resolution/Roll Call Vote)

RECOMMENDED ACTION

That the City Council adopts a Resolution approving the issuance of a Special Event Permit for the Downtown Campbell Business Association's Historic Downtown Campbell Classic Car Show subject to the findings and conditions of approval as described in the Resolution.

BACKGROUND

In l ate February 2023, The Downtown Campbell Business Association (DCBA) submitted an application for the first annual Campbell Classic Car Show to be held in Downtown Campbell. The event is being promoted as a family friendly event with classic cars competing for best in show and other categories. The organizers’ intent is to bring families to the historic downtown for exposure for the local businesses and to fundraise for the DCBA.

The request is to hold the event along Campbell Avenue between Railway Av enue and Third Street and utilize the cross streets between Civic Center and Orchard City Drive, in addition to the two public parking lots on the northside of Orchard City Drive at First Street. The closure of these streets would begin at 10:00 p.m. Frida y, July 7 th, 2023, and re-open by 4:00 p.m. Saturday July 8th, 2023.

The car show, as currently proposed, would be limited to 160 classic car entries. The footprint for the event would be in the Downtown area and have the same closures as the Boogie and Oktoberfest festivals (with the exception of the additional closure of the two public parking lots) with an estimated attendance of 3,500 people. Staff ha ve completed a parking study and determined, even if the two public parking lots are not approved, 16 0 vehicles would still fit in the footprint, provid ed that the private pay -to- park lot on Campbell Ave was included, as presented in the most recent map submission.

The DCBA requests to allow DBCA member businesses to sell off -site beer and wine, for those businesses who currently have alcohol sales permits. The alcohol proceeds would stay with the individual business. The entertainment provided to attendees would Item: 21
Category: NEW BUSINESS
Meeting Date: May 16, 2023
21 Packet Pg. 316
Historic Downtown Campbell Classic Car Show Page 2 of 4 be in the form of the classic car show, music (similar to the wine walk events), jump houses for children, and a petting zoo.

The DCBA itself would sell T -shirts and charge a participation fee to all those entering their vehicle in the classic car show. The event itself would be free to attend.

In accordance with the City’s Downtown Special Event Policy , all events that require downtown street closures, have a significant impact on public facilities, or require a significant amount of City staff support are considered Special Events. Events held on public property in the Downtown (Ca mpbell Avenue within the loop streets) will be coordinated by the City of Campbell and authorized by the City Council. It is the intent of the City to allow a limited number of outdoor public events for the general economic benefit of the City’s business c ommunity, cultural enrichment and/or promotion of the City. Campbell Municipal Code 5.50.020 requires any person holding, conducting, or carrying on, any special event in the City to obtain a permit to do so from the City Council.

DISCUSSION

The event is a fundraising event for the DCBA to help fund ongoing DCBA operations and bring exposure to downtown businesses. The estimated attendance for this event is approximately 3,500 people. The event will be held on Saturday, July 8 th, 2023, from 9:00 a.m. to 3:00 p.m.

The event meets the following factors for granting a permit:

• The special event will not disrupt to an unreasonable extent, the movement of traffic or create any safety hazard as a result of such other traffic being stopped or diverted;
• Sufficient police service can be provided to assure proper traffic control and the orderly conduct of the special event;
• The streets and roads over which the special event will be conducted are sufficient size and construction to safely accommodate the numbe r of participants and the size, height and weight of any vehicles or equipment participating in the event;
• The special event will not interfere with any other public events to be conducted on the same day;
• The special event is not likely to cause injury to persons or property or create an unreasonable disturbance of the peace; and
• The cumulative impact of this special event will not create an undue strain on public resources.

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Historic Downtown Campbell Classic Car Show Page 3 of 4 Staff has had two meetings and additional conversations with the event organizer s.

Based on the aforementioned, staff would recommend the following additional conditions for the event permit.

1. All vehicles participating in the event shall leave the event footprint by 3:30 p.m. and not return until the streets are re-opened for regular use.

2. No outside vendors are allowed at the event.

3. DCBA shall staff no less than 18 volunteers to help control, direct , and monitor the event in easily identifiable matching shirts.

4. The DCBA is required to empty trash bins on either side of Cam pbell Avenue, or provide their own trash receptacles, and ensure sidewalks and other public spaces are clean and free of debris generated by the event and its attendees.

5. DCBA businesses who obtain an ABC alcohol permit are limited to sell beer and wine in easily identifiable plastic logo cups approved by the police department from 11:30 a.m. to 2:30 p.m.

6. At 2:30 p.m. the DCBA businesses who sell alcohol from 11:30a.m. to 2:30 p.m. must cease all alcohol sales, to include normal sales, for a period of one hour from 2:30 p.m. to 3:30 p.m.

FISCAL IMPACT

This event is not eligible for a fee waiver as per the Fee Waiver Policy ( new events are not eligible for a fee waiver until after they have been successfully held for one year) .

Assuming the Fee Waiver P olicy is followed, this event will have no financial draw on the City’s resources and will provide revenue to reimburse the cost of the services and equipment that the City does provide.

Although not eligible for a fee waiver, during event planning disc ussions, DCBA staff requested additional consideration in a reduction of fees due to their current economic situation after having to cancel previous events due to the Covid -19 pandemic. DCBA staff is requesting a not to exceed $5,500 for all costs to inc lude, new application fee, the permit review fee, special event permit fees and, City staffing and equipment costs.

The total City cost for this event is estimated at approximately $15,600 (includes fees and staffing cost); therefore a not to exceed $5, 500 amount will result in a loss to the City of approximately $10,100.

ALTERNATIVES

• Deny the permit
• Modify the conditions of the permit (hours of operation, fee waiver, etc.) 21 Packet Pg. 318
Historic Downtown Campbell Classic Car Show Page 4 of 4 • Provide other direction

Prepared by:

Dan Livingston, Police Captain

Reviewed by:

Gary Berg, Police Chief

Approved by:

Brian Loventhal, City Manager

Attachment:
a. Resolution
b. Car Show Application
c. Applicant Map
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RESOLUTION NO. ___________

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF CAMPBELL

AUTHORIZING THE ISSUANCE OF A SPECIAL EVENT PERMIT TO THE

DOWNTOWN CAMPBELL BUSINESS ASSOCATION FOR THE

HISTORIC DOWNTOWN CAMPBELL CLASSIC CAR SHOW

WHEREAS, after due co nsideration of all th e evidence presented the City Council did find as follows:

1. The event sponsor, the Downtown Campbell Business Association (DCBA) is a local civic, non-profit institution;

2. The dates and hours of operation for the event shall be as follows:

Saturday, July 8th 9:00 a.m. – 3:00 p.m.

3. The event will be located along Campbell Avenue b etween Railway Avenue and Third Street and utilize the cross streets between Civic Center and Orchard City Drive and the two public parking lots on the north side of Orchard City Drive and First Street;

4. The event will consist of a classic car show limited to 160 cars, music, and a kid zone with jump houses and a petting zoo;

5. Beer and wine will be sold from DCBA member busine sses to adults showing acceptable proof of age and will be consumed in easily identifiable cups;

WHEREAS, based on the foregoing findings of fact, the City Council further finds and concludes:

1. The Special Event will not disrupt t o an unreasonable extent, the movement of traf fic or create any safety hazard as a result of su ch other traffic being stopped or diverted;

2. Sufficient Police service can be provided to assure proper traffic control and the orderly conduct of the special event;

3. The streets and roads over which the Spe cial Event will be conducted are sufficient size and construction to safely accommodate the numbe r of participants and the size, height and weight of any vehicles or equipment participating in the event;

4. The Special Event will not interfere with any other public events to be conducted on the same day;

5. The Special Event is not likely to cause injury to persons or property or create an unreasonable disturbance of the peace;

6. The cumulative impact of this Specia l Event will not create an u ndue strain on public resources;

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Attachment: Resolution (Historic Downtown Campbell Classic Car Show)

NOW, THEREFORE, BE IT RESOLVED th at the City Council of the City of Campbell does hereby grant a Special Event Permit to the Downtown Campbell Business Association to hold the Historic Downtown Campbell Classic Car Show at the location set forth in the findings of this Resolution , subject to the following conditions of approval:

Conditions of Approval

1. That all cars participating in the event leave the event footprint by 3:30 p.m. and not return until the streets are re-opened for regular use;

2. Any purchaser of alcohol who appears to be 25 years of age or younger shall be required to furnish proper identification to prove that they are 21 years of age or older. Sales of beer and wine will only occur with the issuance of a Sales License from the California Department of Alcoholic Beverage Control. Any alcoholic beverage purchased at the event will be consumed or disposed of prior to the patron leaving the event footprint;

3. DCBA businesses who obtain an ABC alcohol permit be limited to sell beer and wine in easily identifiable plastic logo cups approved by the police department from 11:30 a.m. to 2:30 p.m.

4. At 2:30 p.m., the DCBA businesses who sell alcohol from 11:30a.m. to 2:30 p.m. must cease all alcohol sales, to include normal sales, for a period of one hour from 2:30 p.m. to 3:30 p.m..

5. No outside vendors are allowed at the event.

6. The DCBA shall staff no less than 18 volunteers to help control, direct, and monitor the event in easily identifiable matching shirts.

7. The DCBA is requ ired to empty trash bins on either side of Campbell Avenue, or provide their own trash receptacles, and ensure sidewalks and other public spaces are clean and free of debris generated by the event and its attendees.

8. The applicant shall be subject to the insurance requirements set forth in Chapter 11.30 of the Campbell Municipal Code;

9. The event shall comply with all applicab le policies and ordinances of the City of Campbell;

PASSED AND ADOPTED THIS 16th day of May 2023, by the following roll call vote:

AYES: Councilmembers:

NOES: Councilmembers:

Absent: Councilmembers:

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APPROVED:

___________________________
Anne Bybee, Mayor

ATTEST:

__________________________
Andrea Sanders, City Clerk

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City
Council
Report

TITLE: Receive Housing Program Audit and Authorize Application for a Destination Home Grant to Support an Unhoused Specialist Position (Resolution/Roll Call Vote)

RECOMMENDED ACTION

That the City Council receive and provide comments on the Housing Program Audit Report and adopt a Resolution authorizing the City Manager to apply for, negotiate, and execute a Capacity Building Grant with Destination: Home for an Unhoused S pecialist position.

BACKGROUND

On April 18, 2022, the City Council adopted the City’s 6 th Cycle Housing Element (“Campbell’s Plan for Housing”). The Housing Element identifies over 95 policies and programs the City is planning on implementing over the n ext eight years to support the development of housing and affordable housing, along with providing housing assistance programs to support the Campbell community. Successful implementation of these policies and programs will require sufficient staffing and resources in the City.

As identified in the 2022 Mid -Year Budget adjustments considered by the City Council on February 1, 2022, and within the Below Market Rate Housing Program Improvement Plan report presented to Council on March 15, 2022, the Community Development hired a housing program expert to conduct a program audit of the City’s Housing Program.

Following a procurement process, the City selected and executed a contract with Rebecca Garcia in August 2022 to conduct the audit. Rebecca Garcia is currently the Housing Director for the City of Morgan Hill and has over 15 years of experience managing housing programs in the public sector, including work in Morgan Hill, the County of Santa Clara, and the City of San Jose.

Starting in September 202 2, Mrs. Garcia began to evaluate and audit the Housing program needs of Campbell, including an evaluation of the City’s existing housing programs, including the Below Market Rate program, the city’s past and present financial records associated with the Ho using program, an evaluation of program needs in the Draft 6 th Cycle Housing Element, and interviews with key stakeholders, including City Councilmembers and the City Manager. Mrs. Garcia also reviewed the housing programs within all other jurisdictions i n Santa Clara County, analyzing the staffing capacities and associated consultant contracts that support those programs. In Item: 22
Category: NEW BUSINESS
Meeting Date: May 16, 2023
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addition, Mrs. Garcia identified different funding models and financial resources available to support Housing programs.

As Camp bell’s identified Homeless population increased significantly under the 2022 Point in Time Count conducted by the County of Santa Clara, Mrs. Garcia also identified recommended homeless programs and actions to incorporate into the Draft Housing Element to address homelessness.

In March 2023, Mrs. Garcia submitted a draft Housing Program Audit, that was subsequently reviewed by staff and then finalized in April 2023.

DISCUSSION

Housing Audit Recommendations

The 52-page Audit submitted to the City (“E valuation of the City of Campbell’s Housing Program and a Recommended Housing Program Improvement Plan”) contains an executive summary and seven appendices (reference Attachment B) . The Audit contains 33 observations and recommendations and five higher pri ority findings and recommendations that are recommended for near term implementation by the City.

These five high priority recommendations are as follows:

• Recommendation #1 – Hiring of a Housing Manager starting in Fiscal Year 24.

• Recommendation #2 – Allocation of an annual increase in $42,000 in BMR administrative costs in association with the growth in the BMR portfolio associated with housing production under the 6th Cycle Housing Element.

• Recommendation #3 – Prioritize creation of a new revenue stream to sustain the Housing program, including short term and long term funding needs.

• Recommendation #4 – Create a communication, outreach, and engagement plan to engage with the Campbell community about housing.

• Recommendation #5 – Apply for a three-year Destination Home capacity building grant to hire a full time Unhoused Specialist to support coordination of Homeless services.

In addition to these five high priority recommendations, the Audit identifies up to 23 additional actions that the report recommends the City consider implementing. These additional actions are prioritized as medium or low.

Staff has reviewed the Audit recommendations with Mrs. Garcia and has the following recommendations on the City’s implementation of the high priority items:

• Recommendation #1 (Housing Manager) – The Community Development Department has included in the Draft FY 24 Budget the addition of one FTE 22 Packet Pg. 329
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Housing Manager. The Human Resources Division has conducted initial benchmarking analysis of comparable Housin g Manager positions and estimates the salary cost of approximately $209,500 for the position. The Housing Manager position will be funded from the City’s Affordable Housing Fund (Fund 233.577); with financial support for the first two years of the positio n augmented by the City’s remaining American Rescue Plan Act (ARPA) funds (pending Council approval of the FY 2024 Budget).

• Recommendation #2 (BMR Administrative Costs) – The Community Development Department has shown an increase in costs corresponding with the audit recommendations in the Draft FY 24 Budget.

• Recommendation #3 (Housing Program Funding) – The identification of sustainable funding sources to support implementation of the Housing Element is identified in the Council adopted FY 2024 Priorit ies and is also identified as a workplan item for the Community Development Department and Finance Department in the Draft 2024 Workplans. Staff recommends returning to the Council with a study session on identifying and implementing sustainable funding strategies to support the housing program, targeted for the fall of 2023. In the interim, staff recommends moving forward with the nexus studies needed to consider adoption of affordable housing impact fees that will help fund the program and will continu e to look for potential grant opportunities to support the Housing program.

• Recommendation #4 (Communication / Outreach Plan) – Staff recommends that the creation of a communication, outreach, and engagement plan be a priority implementation item by the Housing Division, to be overseen by the (to be hired) Housing Manager.

• Recommendation #5 (Unhoused Specialist) – In tandem with acceptance of this audit and as described in further detail below, staff recommends that the City apply for the three-year Destination Home capacity building grant to fund the Unhoused Specialist.

With respect to the additional observations and recommended program improvements identified in the Audit (identified as Medium or Low priority in Appendix A), Staff recommends that the City pursue implementation of these improvements once it has hired a full time Housing Manager.

Authorization to Apply for Destination Home Grant

In addition to the recommendations within the Housing Audit, Appendix D of the Audit includes a draft application to Destination Home for a Capacity Building Grant to fund an Unhoused Specialist. As reported in Campbell’s Draft Housing Element, the 2022 Homeless Point in Time Count conducted by the County of Santa Clara indicated that Campbell’s Homele ss population had increased by 190% over the previous count in 22 Packet Pg. 330
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2019, increasing from 74 to 216. The City’s adopted Housing Element identifies several implementing actions focused on Homelessness (Program H-5e, Homeless Assistance / Shelter Provisions), in cluding establishing an unhoused specialist staff position in the Housing Division, pursuing a Homekey project to create permanent supportive housing, supporting safe parking program, contributing to the Santa Clara County’s Rapid Rehousing program, and seeking to establish a cold weather shelter.

Pursuit of a Destination Home Capacity Building Grant would directly support funding the Unhoused Specialist Position. The Destination Home Grant would fund the position for a period of three years and does no t require any matching funds from the City. City staff has coordinated with Destination Home staff regarding the grant application and anticipates if the grant application is submitted by the City in May, the Destination Home Executive Board would review the grant in June.

Related to this, staff has been in regular discussion with the Community Development / Housing Staff from the other w est valley cities (Los Gatos, Saratoga, Monte Sereno, Cupertino) on areas where the cities can share resources to address homelessness and other housing needs for economies of scale, and have discussed the option of sharing the cost of an unhoused specialist. If the position is created and funded (by the Destination Home Grant), this opportunity could be explored further.

FISCAL IMPACT

Acceptance of the Housing Program Audit will not have any impact on the City’s General Fund. Implementation of several of the audit’s recommendation s will require the City to commit additional staffing and other services requiring on going funding. As identified in the report, the hiring of a Housing Man ager and the increase in funding for BMR contract administration are identified in the Draft FY 24 Budget and will be funded from the City’s Affordable Housing Fun d; with financial sup port for the first two years of the Housing Manager position augmented by the City’s remaining American Rescue Plan Act (ARPA) funds (pending Council approval of the FY 2024 Budget). The hiring of an Unhoused Specialist, funded by a Destination Home Capaci ty Building Grant, would not have a fiscal impact on the City. As identified under Recommendation #3, the City will need to identify additional financial strategies to support longer term financial sustainability to support the Housing Program and impleme ntation of the 6 th Cycle Housing Element.

Prepared by:

Rob Eastwood, Community Development
Director
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Reviewed by:

Rob Eastwood, Community
Development Director

Approved by:

Brian Loventhal, City Manager

Attachment:
a. Draft Resolution - Authorizing Destination Home Grant b. City of Campbell Housing Program Audit Report
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RESOLUTION NO. ______________

BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL

AUTHORIZING THE CITY MANAGER TO APPLY FOR, N EGOTIATE, AND EXECUTE A GRANT AGREEMENT WITH DESTINATION: HOME TO FUND AN

UNHOUSED SPECIALIST POSITION

WHEREAS, Destination: Home is a public-private partnership now incorporated as a California 501(c)(3) non-profit public benefit corpor ation that inves ts in organizations and programs with key strategic initiatives to end homelessness in Santa Clara County; and

WHEREAS, Destination: Home manages a C apacity Building Grant program intended to channel private, philanthropic investments towards solutions for reducing and preventing homelessness; and

WHEREAS, the City Council seeks to apply for Capacity Building Grant funding f rom Destination: Home to support the creation of an Unhoused Spec ialist Position for a peri od of three years; and

WHEREAS, the Unhoused Specialist Position would support policies and programs which are part of the 2023-2031 Housing Element (Campbell’s Plan for Housing); and

WHEREAS, the City Council reviewed the application for a Destination Home Capacity Building Grant included as Appendix D of the Housing Program Audit ( Evaluation of the City of Campbell’s Housing Program and Recommended Housing Program Im provement Plan) prepared by Rebecca Garcia and dated April 23, 2023.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell hereby authorizes the City Manager to apply for, negotiate, and execute a grant agreement funded by Destination: Home for an Unhoused Specialist Position.

PASSED AND ADOPTED this ___ day of _____, ______, by the following roll call vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

Anne Bybee, Mayor

ATTEST:

Andrea Sanders, City Clerk

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City
Council
Report

TITLE: Authorize the City Manager to Execute a Contract Amendment to the Consultant Services Agreements for Building Plan Check and Inspection Services with True N orth, Bureau Veritas, O’Brien Code Consulting, and West Code Consulting (Resolution/Roll Call Vote)

RECOMMENDED ACTION

That the City Council adopt a resolution increasing the not to exceed contract amounts and authorizing the City Manager to execute a co ntract amendment to the existing agreements with True North, Bureau Veritas, O’Brien Code Consulting, and West Coast Code Consulting for Building Plan Check and Inspection services.

BACKGROUND

The Building Division of the Community Development Department provides plan check of building permit applications to ensure applications are compliant with health and safety regulations as outlined in California Administrative Code and California Code of Regulations, Title 24, also referred to as the California Building Standards Code.

Periodically the City receives high profile applications for development project s in which the available Building Division staff may not possess the certifications necessary to perform the inspections required, or the volume and/or e xpedited timeline exceeds what can be provided by in -house staff. The City has recognized the need for third party assistance in performing services when these applications arise, in order to maintain the level of service, and ensure the safety of the resi dents in the community. This results in time and cost savings compared to diverting Building Division staff resources to conduct plan-checks resulting in delays in other processes and impacting customer service to applicants and the public.

On October 4, 2022, the City Council authorized the City Manager to issue a Request for Qualifications (RFQ) for Building Plan Check services. The approval allowed for an initial two year agreement to be negotiated and signed by the City Manager with an option to exten d the contract up to two (2) consecutive six -month periods for a total contract period of up to three (3) years. City Council approved a do not exceed combined total amount of up to $300,000 across the three (3) year contract period.

The City received eig ht proposals in response to the RF Q. After staff review of the proposals, four firms were selected as the most qualified and appropriate to provide the Item: 23
Category: UNFINISHED BUSINESS
Meeting Date: May 16, 2023
23 Packet Pg. 441
Building Plan Check and Inspection Service Agreements Page 2 of 4 requested services - Bureau Veritas North America, Inc. (BVNA), O’Brien Code Consulting, Inc. (OCC), We st Coast Code Consulting (WC3), and True North Compliance Services (TNC).

On February 1, 2023, the City of Campbell entered into service agreements with the four firms. Since entering into the service agreements, the Community Development Department has recognized that the need for third party plan check services is increasing and will continue to increase, requiring an increase in the contract amount with the firms selected.

Over the past three years the Building Division has experienced consistently high levels of building permit activity (Figure s 1 and 2 below) and under the newly adopted 2040 General Plan, 2023 -2031 Housing Element and Multi -Family Development and Design Standards, the City is planning for the development of up to 6,000 new housing units, requiring more Building Plan Check services and Building Inspections.

(Figure-1: Building Projects pending Plan Check services)

Project Namee Status Additional Comments
BCC Fitness Design Phase Formerly Bed, Bath & Beyond
832-860 S. Star Design Phase 13 New Townhomes
1940 Hamilton Ave In Plan Check process 2-Story office building Semi-Permanent Parklets Out for Bid, Out for Plan
Check
Approximately 10 prospective project
applicants
W. Rincon In Plan Check Five (5) Single Family Developments E. Mozart In Plan Check queue Four (4) Single Family Developments 601 Almarida In Plan Check queue 60-unit apartment complex 523 Union Ave In Plan Check queue Seven (7) Townhomes
100 N. 1st St – New PD Building In Plan Check queue Measure O Project – Police Building 157 Union In Plan Check queue 17 – Converted ADUs
1344 Dell Ave In Plan Check queue SCC Library - new office building 77 Harrison In Plan Check queue SCC Library
Westmont/Trailblazers Arch in plan check/ Permit
issued
Six (6) Single Family Developments
930 Dell Permit Issued New Commercial Building
Parkview Revision pending Soil remediation – pedestrian 907 Dell Ave Permit issued Large Veterinarian Hospital
1232 Elam Permit issued Four (4) Single Family Development 2605 S. Winchester Permit issued Surgery Center
23 Packet Pg. 442
Building Plan Check and Inspection Service Agreements Page 3 of 4 1315 Dell Permit issued SCCFD Headquarters
14651 S. Bascom Permit issued Lucile Packard Children’s Hospital 1700 Dell In Plan Check queue Steel Superstructure

(Figure-2: Permit Issuance and Valuation 2020-2023)

2020 2021 2022 2023
(FORECAST)

PERMITS
ISSUED
815 1648 1264 ~1500
VALUATION $36,393,127 $47,952,207 $43,182,534 56,751,816

DISCUSSION

Staff is recommending that the City Council adopt a resolution increasing the not to exceed amount for the third party plan check services from $300,000 to $1.0 million and authorizing the City Manager to approve, negotiate, and execute amendments to the service agreements with BVNA, OCC, WC3, and TNC . An increase in the not to exceed amounts will allow the Building Division the flexibility to continue to utilize third party plan check services for building permit applications to meet current and future demand. The third-party plan check services are funded by Building Permit fees paid by applicants, and thus do not have a negative fiscal impact on the City’s General Fund.

As applications requiring building and construction permit review are submitted, the application fees are collected up -front as set by the current City Fee Schedule. The application fee collected for such work pays for both associated City Staff time and the costs for the building plan check and building inspection services.

In addition to increas ing the not to exceed amount, the resolution also acknowledges that the firms selected can provide the City with third party building inspection services.

Although the City’s October 2022 RFQ identified the City’s solicitation for these services, they were not identified explicitly in the October 3, 2022 Council Report and resolution. Simila r to third party plan check services, the use of a third-party building inspector can provide additional support if construction activity increases and the City can use these services for special projects, such as the Measure O Police and Library construction projects.

The attached resolution has been prepared to authorize the City Manager to approve, negotiate, modify and execute contract amendments with the selected consulting firms for a two year term and modify the contracts as needed in an amount no t to exceed a combined total of $1,000,000 for contract amendments and adopted contracts with BVNA, OCC, WC3, and TNC.

FISCAL IMPACT

23 Packet Pg. 443
Building Plan Check and Inspection Service Agreements Page 4 of 4 As discussed above, third party plan check and inspection services are paid for by building permit fees collected from a pplicants by the City. The Community Development Department currently has allocated $330 ,000 in its FY 2023 budget for third party plan check services and has identified a budget of $330,000 in the Draft FY 2024 Building Division budget for the same servi ces; for a combined two -year total of $660,000. While the contract amendments before Council incr ease the combined agreements to $1.0 million; $340,000 of this may be incurred in the optional 3 rd year of the agreements and FY 2025. Therefore, a budget ad justment is not requested at this time and will only be made in the future if actual third party plan check and inspection services exceed expectations.

ALTERNATIVES

1. Do not authorize the contract amendments for BVNA, OCC, WC3, and TNC contract agreements to increase funds and defer any remaining and newly received building plan check and/ or building inspection requests.

2. Provide other direction to staff.

Prepared by:

Ken Ramirez, Administrative Analyst

Reviewed by:

Rob Eastwood, Community
Development Director

Approved by:

Brian Loventhal, City Manager

Attachment:
a. Draft Resolution (Plan Check Services )
b. Prior RFQ Authorization
23 Packet Pg. 444

RESOLUTION NO. ______________

BEING A RESOLUTION OF THE CITY COUNCIL OF TH E CITY OF CAMPBELL

AUTHORIZING THE CITY MANAGER TO APPROVE, NEGOTIATE, MODIFY AND

EXECUTE A CONTRACT AMENDMENT FOR BUREAU VERITAS NORTH
AMERICA, INC. (BVNA), O’BRIEN CODE CONSULTING, INC. (OCC), WEST COAST CODE CONSULTING (WC3), AND TRUE NORTH COMPLIANCE

SERVICES (TNC) FOR (A) CONSULTANT SERVICES TO SUPPORT BUILDING

DIVISION WITH PLAN CHECK AND BUILDING INSPECTION SERVICES AND (B)

AUTHORIZING THE CITY MANAGER TO APPROVE, NEGOTIATE, MODIFY AND

EXECUTE CONTRACT AMENDMENTS WITH THE SELECTED CONSULTING

FIRMS FOR A TWO YEAR TERM AND MODIFY THE CONTRACTS AS NEEDED IN AN AMOUNT NOT TO EXCEED A COMBINED TOTAL OF $1,000,000 FOR ADOPTED CONTRACTS.

WHEREAS, in order to maintain the level of service and ensure the safety of the residents in the community through the verification and assurances that applications are compliant with health and safety regulations as outlined in California Administrative Code and Cali fornia Code of Regulations, Title 24 s; and

WHEREAS, the City seeks the special services, consultation or advice in building code plan check matters from persons specially trained, experienced and competent to perform the special services required;

WHEREAS, the City has recognized the need for third party assistance in performing services which may require review and analysis when existing department staff due not possess the required technical certifications to conduct the review or analysis; and

WHEREAS, the City Council reviewed and approved the issuance of Request for Quote (RFQ) to assist the Community Development Department’s Building Division to provide California Building and Municipal code compliant plan check services for the safety of the community; and

WHEREAS, on February 1 ,2023 , the City entered agreements with Bureau Veritas North America, Inc. (BVNA), O’Brien Code Consulting, Inc. (OCC), West Coast Code Consulting (WC3), and True North Compliance Services (TNC) to provide Building Plan Check services; and

WHEREAS, the City would like to utilize all services offered by Bureau Veritas North America, Inc. (BVNA), O’Brien Code Consulting, Inc. (OCC), West Coast Code Consulting (WC3), and /or True North Compliance Services (TNC) to provide Building Inspection services; and

WHEREAS, Bureau Veritas North America, Inc. (BVNA), O’Brien Code Consulting, Inc. (OCC), West Coast Code Consulting (WC3), and /or True North Compliance Services (TNC) have the expertise to provide Building Plan Check and Building Inspection services; and

WHEREAS, the terms of the existing contract agreements entered into on February 1, 2023 allow for an initial two-year agreement with an option to extend two consecutive six (6) month periods; and

WHEREAS, the City recognizes that a combined total contract amount of $1,000,000 for Building Plan Check and Building Inspection services is needed to sustain business continuity on pace with goals and objectives outlined within the adopted 2040 General Plan and 2023-2031 Housing Element; and

WHEREAS, the City Council authorizes a combined total of $ 1,000,000 for adopted contracts; and

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Attachment: Draft Resolution (Plan Check Services ) (Building Plan Check and Inspection Service Agreements)

WHEREAS, the City Council authorizes the City Manager to negotiate or modify the contract service agreements contract obligations to reflect the service needs of plan check and building inspection service needs as warranted; and

WHEREAS, the terms allow the contract agreements to be amended in writing.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell hereby authorizes the City Manager to approve, negotiate, modify and execute a contract amendment for Bureau Veritas North America, Inc. (BVNA), O’Brien Code Consulting, Inc. (OCC), West Coast Code Consulting (WC3), and /or True North Compliance Services (TNC) for (a) consultant services to support building division with plan check and building inspection services and (b) authorizing the City Manager to approve, negotiate, modify and execute a contract amendments with the selected consulting firms for a two year term and modify the contracts as needed in an amount not to exceed a combined total of $1,000,000 for adopted contracts as set forth in Exhibit A.

PASSED AND ADOPTED this ____ day of May, 2023, by the following roll call vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED: _____________________
Anne Bybee, Mayor
ATTEST: _________________________
Andrea Sanders, City Clerk

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Attachment: Draft Resolution (Plan Check Services ) (Building Plan Check and Inspection Service Agreements)

AMENDMENT TO CONTRACT SERVICES AGREEMENT
AMENDMENT #1

CITY OF CAMPBELL
70 NORTH FIRST STREET
CAMPBELL, CA 95008
(408) 866-2140

This Amendment to Contract Services Agreement (hereinafter “Amendment”) amends the Consultant Services Agreement (hereinafter “Agreement”) to establish Building Plan Check Services for the City of Campbell originally entered into on the 1st day of February 2023, by and between the City of Campbell (a Municipal Corporation, hereinafter referred to as “City”) and Bureau Veritas North America, Inc. (BVNA), a Delaware Corporation. (a California Corporation, hereinafter referred to as “Consultant”).

As provided for under the terms of this Amendment, the City and Consultant agree to amend the following provisions of the Agreement as follows:

• Compensation. The compensation under Section 3.1 has a maximum contract obligation amount of $200,000 with a listed contract term of two years. Included as Exhibit 1 is the Consultant Services Agreement, the maximum contract obligation amount s hall be repealed and replaced with a $100,000 max contract obligation as noted in this Amendment.

All other terms and conditions as set forth in the Agreement shall remain in effect.

Signature Warranty:

The undersigned are authorized to represent and enter into this Amendment on behalf of the Consultant.

This Amendment to the Consultant Services Agreement shall become effective upon its execution by the City, in witness whereof, the parties have executed this Amendment the day and year first written above.

CONTRACTOR CITY OF CAMPBELL
By: By:

Name: Craig Baptista Name: Brian Loventhal

Title: Vice President Title: City Manager

Date: Date:

Attachments:

Exhibit 1– BV – Contract Service Agreement

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AMENDMENT TO CONTRACT SERVICES AGREEMENT
AMENDMENT #1

CITY OF CAMPBELL
70 NORTH FIRST STREET
CAMPBELL, CA 95008
(408) 866-2140

This Amendment to Contract Services Agreement (hereinafter “Amendment”) amends the Consultant Services Agreement (hereinafter “Agreement”) to establish Building Plan Check Services for the City of Campbell originally entered into on the 1st day of February 2023, by and between the City of Campbell (a Municipal Corporation, hereinafter referred to as “City”) and True North Compliance Services (TNC) (a California Corporation, hereinafter referred to as “Consultant”).

As provided for under the terms of this Amendment, the City and Consultant agree to amend the following provisions of the Agreement as follows:

• Compensation. The compensation under Section 3.1 has a maximum contract obligation amount of $200,000 with a listed contract term of two years. Included as Exhibit 1 is the Consultant Services Agreement, the maximum contract obligation amount s hall be repealed and replaced with a $100,000 max contract obligation as noted in this Amendment.

All other terms and conditions as set forth in the Agreement shall remain in effect.

Signature Warranty:

The undersigned are authorized to represent and enter into this Amendment on behalf of the Consultant.

This Amendment to the Consultant Services Agreement shall become effective upon its execution by the City, in witness whereof, the parties have executed this Amendment the day and year first written above.

CONTRACTOR CITY OF CAMPBELL
By: By:

Name: Isam Hasenin Name: Brian Loventhal

Title: President Title: City Manager

Date: Date:

Attachments:

Exhibit 1– True North – Contract Service Agreement

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AMENDMENT TO CONTRACT SERVICES AGREEMENT
AMENDMENT #1

CITY OF CAMPBELL
70 NORTH FIRST STREET
CAMPBELL, CA 95008
(408) 866-2140

This Amendment to Contract Services Agreement (hereinafter “Amendment”) amends the Consultant Services Agreement (hereinafter “Agreement”) to establish Building Plan Check Services for the City of Campbell originally entered into on the 1st day of February 2023, by and between the City of Campbell (a Municipal Corporation, hereinafter referred to as “City”) and O’Brien Code Consulting Inc. (a California Corporation, hereinafter referred to as “Consultant”).

As provided for under the terms of this Amendment, the City and Consultant agree to amend the following provisions of the Agreement as follows:

• Compensation. The compensation under Section 3.1 has a maximum contract obligation amount of $200,000 with a listed contract term of two years. Included as Exhibit 1 is the Consultant Services Agreement, the maximum contract obligation amount s hall be repealed and replaced with a $400,000 max contract obligation as noted in this Amendment.

All other terms and conditions as set forth in the Agreement shall remain in effect.

Signature Warranty:

The undersigned are authorized to represent and enter into this Amendment on behalf of the Consultant.

This Amendment to the Consultant Services Agreement shall become effective upon its execution by the City, in witness whereof, the parties have executed this Amendment the day and year first written above.

CONTRACTOR CITY OF CAMPBELL
By: By:

Name: Susan O’Brien Name: Brian Loventhal

Title: Principal Title: City Manager

Date: Date:

Attachments:

Exhibit 1– OCC – Contract Service Agreement

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Attachment: Draft Resolution (Plan Check Services ) (Building Plan Check and Inspection Service Agreements)

AMENDMENT TO CONTRACT SERVICES AGREEMENT
AMENDMENT #1

CITY OF CAMPBELL
70 NORTH FIRST STREET
CAMPBELL, CA 95008
(408) 866-2140

This Amendment to Contract Services Agreement (hereinafter “Amendment”) amends the Consultant Services Agreement (hereinafter “Agreement”) to establish Building Plan Check Services for the City of Campbell originally entered into on the 1st day of February 2023, by and between the City of Campbell (a Municipal Corporation, hereinafter referred to as “City”) and West Coast Code Consulting (WC3) Inc. (a California Corporation, hereinafter referred to as “Consultant”).

As provided for under the terms of this Amendment, the City and Consultant agree to amend the following provisions of the Agreement as follows:

• Compensation. The compensation under Section 3.1 has a maximum contract obligation amount of $200,000 with a listed contract term of two years. Included as Exhibit 1 is the Consultant Services Agreement, the maximum contract obligation amount s hall be repealed and replaced with a $400,000 max contract obligation as noted in this Amendment.

All other terms and conditions as set forth in the Agreement shall remain in effect.

Signature Warranty:

The undersigned are authorized to represent and enter into this Amendment on behalf of the Consultant.

This Amendment to the Consultant Services Agreement shall become effective upon its execution by the City, in witness whereof, the parties have executed this Amendment the day and year first written above.

CONTRACTOR CITY OF CAMPBELL
By: By:

Name: Giyan Senaratne Name: Brian Loventhal

Title: CEO/ President Title: City Manager

Date: Date:

Attachments:

Exhibit 1– WC3 – Contract Service Agreement

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Attachment: Draft Resolution (Plan Check Services ) (Building Plan Check and Inspection Service Agreements) RESOLUTION NO. 12895

BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL

AUTHORIZING ISSUANCE OF A REQUEST FOR QUALIFICATIONS ( RFQ) FOR

A) CONSULTANT SERVICES TO SUPPORT BUILDING DIVISION WITH PLAN CHECK SERVICES; ( B) ISSUANCE OF A REQUEST FOR QUALIFICATIONS

RFQ) FOR CONTRACT SERVICES TO PROVIDE BUILDING PLAN CHECK SERVICES; ( C) DISPENSE WITH THE BIDDING REQUIREMENT PER ( CMC) SECTION 3. 20. 030( 4) AND ( D) AUTHORIZING THE CITY MANAGER TO

EXECUTE A CONTRACT WITH THE SELECTED SERVICE PROVIDERS FOR A TWO YEAR TERM IN AN AMOUNT NOT TO EXCEED $ 300, 000 FOR ADOPTED CONTRACTS.

WHEREAS, in order to maintain the level of service and ensure the safety of the residents in the community through the verification and assurances that applications are compliant with health and safety regulations as outlined in California Administrative Code and California Code of Regulations, Title 24 s; and
WHEREAS, the City seeks the special services, consultation or advice in building code plan check matters from persons specially trained, experienced and competent to perform the special services required; and
WHEREAS, the City has recognized the need for third party assistance in performing services which may require review and analysis when existing department staff due not possess the required technical certifications to conduct the review or analysis; and WHEREAS, the purchasing procedures outlined in the City's Municipal Code ( CMC) Section 3.20.030(4) state that bidding requirements may be dispensed with when " the City seeks the special services, consultation or advice in financial, economic, accounting, engineering, legal, administrative or other matters from persons specially trained, experienced and competent to perform the special services required;" and WHEREAS, approximately $ 130, 000 of appropriated funds remain and the Council authorized $ 130, 000 to be spent through FY 2023 for contracted plan check services; and
WHEREAS, the City Council has reviewed and accepted the draft RFQ and found it to include the appropriate tasks needed to assist the Community Development Department' s Building Division to provide California Building and Municipal code compliant plan check services for the safety of the community; and WHEREAS, the City Council has reviewed and accepted the draft RFQ and found it appropriate for the selection of a contract planner to support department operations for a two-year term; and
WHEREAS, the City Council authorizes a combined total of $ 300, 000 for adopted contracts; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell hereby authorizes distribution of a Request for Qualifications ( RFQ) for ( a) consultant services to support building division with plan check services; ( b) issuance of a Request for Qualifications ( RFQ) for contract services to provide plan check services; and ( c)

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Attachment: Prior RFQ Authorization (Building Plan Check and Inspection Service Agreements) dispense with the bidding requirements per ( CMC) Section 3. 20. 030( 4); and ( d) authorizing the City Manager to execute a contract with the selected service providers for a two year term in an amount not to exceed a combined total of $ 300, 000 for adopted contracts.

PASSED AND ADOPTED this 4th day of October, 2022, by the following roll call vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

ATTEST:
am-hA A gw
Andrea S ders, City Clerk
Gibbons, Lopez, Landry, Bybee, Resnikoff
None
None
None
APPROVED:

Paul Resnikoff, Mayor

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Attachment: Prior RFQ Authorization (Building Plan Check and Inspection Service Agreements)

City
Council
Report

TITLE: Council Committee Reports

RECOMMENDED ACTION

That the City Council report on activities from their committee assignments.

DISCUSSION
This is the se ction of the City Council Agenda that allows the City Councilmembers to report on items of interest and the work of City Council Subcommittees.

MAYOR BYBEE
Cities Association of Santa Clara County:

Board Representative
Legislative Action Committee and City Selection Committee City Attorney Performance/Compensation Subcommittee
City Clerk Performance/Compensation Subcommittee
City Manager Performance/Compensation Subcommittee
Finance Subcommittee
Friends of the Heritage Theater Liaison
Legislative Subcommittee
Silicon Valley Animal Control Authority Board (SVACA)
West Valley Mayors and Managers

VICE MAYOR LANDRY
Advisory Commissioner Appointment Interview Subcommittee City Attorney Performance/Compensation Subcommittee
City Clerk Performance/Compensation Subcommittee
City Manager Performance/Compensation Subcommittee
Education Subcommittee
Economic Development Subcommittee
Santa Clara Valley Water District County Water Commission Santa Clara County Library District JPA Board of Directors

West Valley Clean Water JPA (Alt.)
West Valley Solid Waste Authority JPA (Alt.)
West Valley Mayors and Managers (Alt.)

Item: 24
Category: COUNCIL COMMITTEE

REPORTS
Meeting Date: May 16, 2023
24 Packet Pg. 453
Council Committee Reports Page 2 of 3

COUNCILMEMBER FURTADO
Advisory Commissioner Appointment Interview Committee
DCBA Liaison
Silicon Valley Regional Interoperability Authority (SVRIA) West Valley Clean Water JPA
West Valley Sanitation District
West Valley Solid Waste Authority JPA

Association of Bay Area Governments (Alt.)
Silicon Valley Animal Control Authority Board (SVACA) (Alt.) Valley Transportation Authority Policy Advisory Committee (Alt.)

COUNCILMEMBER LOPEZ:

Association of Bay Area Governments
Bay Area Quality Management District Board of Directors** Economic Development Subcommittee
Finance Subcommittee
League of Cities Peninsula Division Executive Committee** Legislative Subcommittee
Santa Clara County Housing and Community Development Advisory Committee Silicon Valley Clean Energy Finance and Audit Committee Valley Transportation Authority Board of Directors**

Campbell Historical Museum & Ainsley House Foundation Liaison (Alt.) Cities Association of Santa Clara County:

Board Representative (Alt.)
Legislative Action Committee and City Selection Committee (Alt.) Friends of the Heritage Theater Liaison (Alt.)
Santa Clara Valley Water District: County Water Commission (Alt.) Silicon Valley Clean Energy JPA Board of Directors (Alt.) West Valley Sanitation District (Alt.)

COUNCILMEMBER SCOZZOLA
Campbell Historical Museum & Ainsley House Foundation Liaison Education Subcommittee
Silicon Valley Clean Energy JPA Board of Directors
Valley Transportation Authority Policy Advisory Board

DCBA Liaison (Alt.)
Santa Clara County Housing and Community Development Advisory Committee (Alt.) Santa Clara County Library District JPA Board of Directors (Alt.)

**appointed by other agencies

24 Packet Pg. 454
Council Committee Reports Page 3 of 3

Prepared by:

Andrea Sanders, City Clerk

24 Packet Pg. 455
To: Honorable Mayor and City Council

Date: May 12, 2023
From: Andrea Sanders, City Clerk
Subject: Desk Item 13 – Updated Site Plan

Just as the City Council Agenda for the May 16 meeting was being published, the applicant for the proposed subdivision at 621 W. Parr Avenue submitted an updated Site Plan to the Planning Division. This updated Site Plan was prepared in response to initial Planning comments and significantly increases the setback of the proposed house along the Walnut Drive frontage. Where the structure was previously proposed to be within twelve (12) feet of the property line, the new design has increased the setback to twenty (20) feet. However, as can be seen in the updated Site Plan, the proposed structure would still encroach approximately five (5) feet into the existing Building Setback Line. Therefore, staff continues to recommend that the Building Setback Lines for 621 W. Parr Avenue be vacated and that building setbacks be determined solely based upon the City’s Zoning Code.

The updated site plan has been attached for your reference.

City of Campbell

MEMORANDUM

City Clerk’s Office

To: Mayor Bybee and City Council Members

Date: May 16, 2023
From: Ken Ramirez, Administrative Analyst
Via: Rob Eastwood, Community Development Director
Subject: Desk Item for Item # 14 –Authorize Issuance of Request for Proposals (RFP) for Rent Dispute Mediation Services
This Desk item is intended to amend the provided resolution so that it comports to Campbell’s current Bidding Requirements as outlined within Campbell’s Municipal Code.

Subsection (7) of Campbell Municipal Code section 3.20.091, states that "[c]ontracts over fifty thousand dollars shall be awarded by the city council."

Attached resolution was amended to state that he City Council of the City of Campbell hereby authorizes (a) distribution of a Request for Proposals (RFP) for service provider services to support Housing Division with rent dispute and mediation services; (b) approval of contract with the selected service provider and (c) authorizes the City Manager, as set forth in Exhibit B- Amended RFP to negotiate, amend, and execute a contract with the selected service provider for a two year term in an amount not to exceed a combined total of $126,000 for the adopted contract.

Attached:
• Amended Draft Resolution
• Exhibit B - Amended RFP
City of Campbell

MEMORANDUM

RESOLUTION NO. ______________

BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL

AUTHORIZING (A) ISSUANCE OF A REQUEST FOR PROPOSALS (RFP) FOR

SERVICE PROVIDER SERVICES TO SUPPORT HOUSING DIVISION WITH RENT DISPUTE AND MEDIATION SERVICES ; (B) APPROVAL OF CONTRACT WITH

THE SELECTED SERVICE PRO VIDER AND (C) AUTHORIZES THE CITY

MANAGER TO NEGOTIATE, AMEND, AND EXECUTE A CONTRACT WITH THE

SELECTED SERVICE PROVIDER FOR A TWO YEAR TERM IN AN AMOUNT NOT TO EXCEED $126,000.

WHEREAS, the adopted General Plan and Housing Element have committed to furthering fair housing practices in Campbell by assisting tenants and landlords within the city in settling disputes or issues related to Rental Increase Dispute Resolution Ordinances; and WHEREAS, the City seeks the special services in rental dispute and mediation matters from persons specially trained, experienced and competent to perform the special services required; WHEREAS, the City has recognized the need for special service provider assistance in performing services which may require confidentiality and case sensitive review and analysis of landlord and tenant issues as existing department staff due not possess the required technical certifications to conduct the review or analysis of tenant and landlord issues; and WHEREAS, $126,000 will need to b e encumbered during the two -year contract term from FY 2024 thru FY 2025; and
WHEREAS, the City Council has reviewed and accepted the draft RFP and found it to include the appropriate tasks needed to assist the Community Development Department’s Housing Division to provide rent dispute and mediation services for the benefit of the community; and WHEREAS, the City Council has reviewed and accepted the draft RF P and found it appropriate for the selection of a service provider to support department operations for a two-year term; and WHEREAS, the City Council authorizes a total amount not to exceed $126,000 for a period of two years.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell hereby authorizes (a) distribution of a Request for Proposals (RFP) for service provider services to support Housing Division with rent dispute and mediation services ; (b) approval of contract with the selected service p rovider and (c) authorizes the City Manager , as set forth in Exhibit B, to negotiate, amend, and execute a contract with the selected service provider for a two year term in an amount not to exceed a combined total of $126,000 for the adopted contract.

PASSED AND ADOPTED this ____ day of May, 2023, by the following roll call vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED: _____________________
Anne Bybee, Mayor
ATTEST: _________________________
Andrea Sanders, City Clerk

REQUEST FOR PROPOSALS
(RFP)
[Rent Dispute & Mediation Services]
RFP Release Date
XXXX, 2023
Proposal Submittal Deadline
XXXX, 2023
5:00 PM
City of Campbell
Attn: City Clerk’s Office
70 North First Street
Campbell, CA 95008
(408) 866-2117
[email protected]
Exhibit B- Amended RFP
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REQUEST FOR PROPOSALS
Rent Dispute & Mediation Services
The City is issuing this Request for Proposals (“RFP”) for Rent Dispute & Mediation Services to support the City with the following tasks (a) Information & Conciliation , (b) mediation, (C) recordkeeping, and (d) evaluation of the existing program . The City will prefer proposals which do not to exceed $63,000 per year.

Prospective service providers are solely responsible for ensuring proposals are received by the City on or before the submittal deadline. Proposals must be received via email no later than XXXXXX , 2023 at 5:00 PM by the City Clerk’s Office at [email protected].

Submit an electronic signed copy of the Consultant ’s formal proposal submittal including fee proposal in PDF file format with file titled as follows: RFP Project Name – Consultant Name.

Failure to comply with the requirements set forth in this RFP may result in disqualification. Proposals and/or modifications received after the hour and date specified above will not be accepted. Submitted proposals may be withdrawn at any time prior to the submission time specified in this RFP, provided notification is received in writing before the submittal deadline. No handwritten notations or corrections will be allowed. The responding Consultant is solely responsible for all costs related to the preparation of the proposal.

The City reserves the right to reject all proposals and to waive any minor informalities or irregularities contained in any proposal. Acceptance of any proposal submitted pursuant to this RFP shall not constitute any implied intent to enter a contract.

The executed contract, if any, will be made with the service provider who, in the City’s sole discretion, is best able to perform the required services in a manner most beneficial to the City. Please submit all inquiries to the Community Development Department’s Administrative Analyst , Ken Ramirez, at [email protected] by the Request for Clarifications due date listed below.

Project Schedule
Below is a desired schedule for initiation of this project; however, dates may be subject to change and adjusted as necessary.

RFP Issued
Bidder’s Conference
Proposal Submittal Deadline
Proposal Evaluations by Campbell Completed
In person / video Interviews (conducted at City’s discretion) City Council contract approval of selected service provider Contract Executed by City Manager
May 19, 2023
May 29, 2023
June 9, 2023
June 23, 3023
Week of June 26, 2023
July 31, 2023
August
4 2023
Background
The City of Campbell is in the West Valley area of Santa Clara County and encompasses 6.35 square miles. The City was founded in 1887 and incorporated in 1952 as a general law city. As of May 2021, the City’s population was 42, 221. Campbell operates under a Coun cil/Manager form of government and is organized into six departments - City Administration, Recreation and Community Services, Finance, Community Development, Police, and Public Works. Fire services are provided -3-
by contract with the Santa Clara County Fire Department. The City provides library, animal control, solid waste collection and recycling , and storm water management services via Joint Powers Agreements (JPA’s).

Objective
The intent of this Request for Proposals i s to select a service provider to provide Rent Dispute & Mediation services as part of the City of Campbell’s existing Rent Dispute Mediation Program. The Rent Dispute & Mediation Services program is a free and confidential service that helps tenants and landlords resolve disputes in a controlled environment. The program is staffed by experienced mediators who are trained in conflict resolution. The mediators help the parties to understand each other's perspectives, identify the issues at stake, and develop creative solutions that meet the needs of both parties. The program is committed to helping tenants and landlords maintain a positive relationship.

The City will make available any and all materials and data at their disposal to support data gathering and research required in the RFP.

The City is looking to contract with a service provider that can help provide mediation services for tenants and landlords within the City of Campbell to help people come together to talk about and potentially solve disputes in a controlled environment.

The Goals of the Rent Dispute Medication program
• Provide information on the California Rules and Regulations pertaining to Landlord/Tenant rights and responsibilities to parties in a residential housing situation. • Offer mediation services to landlords, Tenants, Roommates and Neighbors regarding disputes pertaining to residential rental housing.
• Prevention of Homelessness, by settling rental housing disputes out of court through The scope of work outlined below illustrates the specific services requested.

Bidder’s Conference
Please note a meeting will be held on May 29 , 2023, at 11AM to answer any questions prospective agencies or firms may have about the RFP process. The City will provide answers to the questions received following the Conference. No further questions will be taken after this meeting. If you wish to participate in the Bidder’s Conference, please email Ken Ramirez at [email protected] and a link to the Zoom meeting will be sent to you.
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Scope of Services
Project tasks shall include, but are not necessarily limited to, the following described below.

If the firm believes additional tasks are warranted, they must be clearly identified in the service proposal. Service providers responding to this RFP shall be prepared to begin services no later than August 31, 2023. The project consists of furnishing all labor, materials, supervision, and travel necessary to complete the tasks outlined below.

The Rent Dispute Mediation Program is a free and confidential service that helps tenants and landlords resolve disputes related to rent. The program is voluntary and neutral, and it is committed to helping both parties reach a mutually agreeable solution. The program is available to tenants and landlords who are experiencing disputes such as late rent payments, rent increases, repairs, and evictions. The mediators are trained in conflict resolution and will help the parties to understand each other's perspectives, identify the issues at stake, and develop creative solutions that meet the needs of both parties. The program is committed to helping tenants and landlords maintain a positive relationship.

The service provider selected would perform the following services under the direction of the City Manager or designee:

Information & Conciliation: To provide information and assistance to tenants and landlords regarding their rights and responsibilities under the City's Rental Increase Dispute Resolution Ordinance.
• Develop and distribute information materials about the ordinance to tenants and landlords. • Create and maintain a website with information about the ordinance. • Answer questions from tenants and landlords about the ordinance. • Attempt to conciliate disputes between tenants and landlords before they escalate to mediation.
• Community Outreach Component:
o Develop and implement a community outreach plan to educate tenants and landlords about the ordinance and the mediation services available. o The plan should include a variety of outreach methods, such as:
▪ Public meetings
▪ One-on-one counseling
▪ Educational materials
▪ Social media campaigns
o The goal of the community outreach component is to ensure that all tenants and landlords are aware of their rights and responsibilities under the ordinance and the mediation services available.

Mediation: To provide mediation services to tenants and landlords who are unable to resolve their disputes through conciliation.
• Schedule and conduct mediation sessions between tenants and landlords. -5-

• Facilitate a confidential and neutral discussion between the parties in an effort to reach a mutually agreeable resolution.
• Document the outcome of each mediation session.

Recordkeeping: To ensure that the City has a record of all mediations conducted, the issues discussed, and the outcome of each mediation.
• Create and maintain a database of all mediations conducted. • Document the names of the parties involved, the date and time of the mediation, the issues discussed, and the outcome of the mediation.
• Keep all mediation records confidential.

Evaluation: To evaluate the effectiveness of the mediation program and identify program deficiencies and areas of improvement.
• Collect data on the number of mediations conducted, the number of disputes resolved, and the satisfaction of the parties involved.
• Analyze the data to identify trends and areas for improvement. • Develop recommendations for improving the mediation program.

The City of Campbell expects the selected service provider to complete all deliverables within six months of the start date of the contract. The City will provide the service provider with the necessary resources and support to complete the project.

General
The service provider may recommend other tasks that it deems appropriate to achieve the objectives set forth in this RFP.

Public Records
All proposals submitted in response to this RFP become the property of the City. Information in the proposal, unless specified as trade protected, may be subject to public review. Any information contained in the proposal that is proprietary must be clearly designated. Marking the entire proposal as proprietary will be neither accepted nor honored. Proprietary information submitted in response to this RFP will be handled in accordance with the California Public Records Act.

Right to Cancel and Amend
The City reserves the right to cancel, for any or no reason, in part or in its entirety, this RFP, including but not limited to selection schedule, submittal date, and submittal requirements.

If the City cancels or revises the RFP, all Consultants will be notified in writing.

Additional Information
The City reserves the right to request additional information and/or clarification from any or all Consultants.

Conflict of Interest
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Selected consultant covenants that the company, its officers, employees and/or agents presently have no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services requested herein by the City. Consultant further covenants that, in the performance of any contract or agreement resulting from this RFP, no subcontractor or person having such an interest shall be employed. Consultant certifies that to the best of Consultant’s knowledge, no one who has or will have any financial interest under any contract or agreement resulting from this RFP is an officer or employee of the City.

Release of Public Information
Service providers who respond to this RFP who wish to release information to the public regarding selection, contract award or data provided by the City must receive prior written approval from the City before disclosing such information to the public.

Non-Assignment
If a contract is awarded, the selected service provider shall neither assign, nor delegate, in part or in whole, any duties without the prior written consent of the City which shall not be unreasonably withheld.

Collusion
Each service provider certifies that the company, its officers, employees and/or agents are not a party to any collusive action, fraud, or any action that may be in violation of the Sherman Antitrust Act. The service provider certifies that the company, its officers, employees and/or agents have not offered or received any kickbacks or inducements from any other bidding Consultant, supplier, manufacturer, or subcontractor in connection with the proposal and that the company, its officers, employees and/or agents have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services, or anything of more than nominal value.

Any or all bids shall be rejected if there is any reason to believe collusion exists among the bidding service providers.

Debarment
By submitting a proposal, the service provider certifies that the company is not currently debarred from submitting proposals and/or bids for contracts issued by any City or political subdivision or agency of the State of California, and that it is not an agent of a person or entity that is currently debarred from submitting proposals and/or bids for contracts issued by any City or political subdivision or agency of the State of California.

Equal Employment Opportunity Compliance
The selected service provider shall not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The service provider shall ensure that all employees and applicants for employment shall be treated with equality in all aspects of employment processes including, but not limited to, hiring, transfer, promotion, training, compensation and termination, regardless of their race, creed, color, sex, national origin, age, or physical handicap.
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Right to Audit
The selected service provider shall maintain such financial records and other records as may be prescribed by the City or by applicable federal and state laws, rules, and regulations. The selected service provider shall retain these records for a period of three years after final payment, or until they are audited by the City, whichever event occurs first. These records shall be made available during the term of the contract or service agreement and the subsequent three-year period for examination, transcription, and audit by the City or its designees.

RFP Deliverables

The service provider shall be responsible for preparing an effective, clear, and concise proposal.

The City is requesting an electronic copy of the proposal in PDF format emailed to [email protected] The proposal shall be organized by clearly labeled sections. Proposals must contain at a minimum the following information:

1. Format for Proposal: To facilitate the review of responses, all responses are required to adhere to the following requirements regarding their proposal. The City strongly encourages respondents to ensure that RFP submissions are succinct and clearly organized.

If the proposal is not in this format or does not include all the listed items, it may be deemed nonresponsive. For ease of handling, all responses are to be provided in a standard 8 ½” x 11” portrait layout in PDF format.

a. Title Page showing the request for proposals subject; the firm’s name; the name, address, email address and telephone number of the contact person; and the date of the proposal.

b. Table of Contents identifying the submitted materials by section and page number.

c. Detailed Proposal following the order as set forth below and clearly label each section.

2. Letter of Interest: Please provide a letter expressing the Consultant’s interest which includes:
a. A statement describing why your firm is qualified to provide the services and perform the work required in a responsive manner.
b. A description of the anticipated interaction between the Consultant and City staff. c. Identification of the Project Manager and main point of contact.

3. Project Understanding and Approach: Please include a statement demonstrating your understanding of the proposed scope of services. Economic development strategies and plans are comprehensive documents with specific recommendations and actions for improving and managing a community’s economy that need to be completed and implemented within specific time periods. Describe your approach to meeting these -8-

requirements in a timely and thorough manner while also containing costs. What processes, methodologies and technologies do you employ? Describe what information you would expect the City to supply.

4. Relevant Experience: Please describe your organization’s past performance in providing similar services to other municipalities. Provide references from at least three (3) California municipalities that your firm is currently providing, or has provided within the last three (3) years. Address your firm’s record of meeting schedules and controlling costs.

5. Project Manager / Key Staff: Please include information about the specific relevant experience for the proposed Project Manager and all other applicable staff. Please submit resumes only for those individuals that will be assigned to the City of Campbell.

6. Conflict of Interest Statement: The firm shall disclose any financial, business, or other relationship with the City that may have an impact upon the outcome of this contract. Particular attention should be paid to compliance with Government Code section 1090. See “Conflict of Interest” on page 7 of this RFP for reference.

7. Comments on or Requested Changes to Contract: The City’s standard Consultant Services Agreement is included as Attachment 1 to this Request for Proposals. The proposing firm shall identify any objections to and/or request changes to the standard contract language in this section.

8. Fee Schedule: Include a fee schedule for all personnel assigned for this project.

Existing Information and Resources
The following documents and resources are provided to assist with the information gathering process following execution of the contract with the selected consultant:

Existing Information

• Current General Plan (Adopted 2001)
• Campbell Housing Services
• Draft General Plan 2040
• Housing Element - 4th HCD Draft and
Responses

Additional Resources

• CampbellCA.gov
• Board & Commissions
• General Plan Map
• General Plan Update Website
• City Council
• Community Demographics
• Community Development Department
• Finance Department
• Municipal Code
• City Manager’s Office

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Term of Contract

The initial contract term shall commence upon execution of the contract by the City and shall be for a twelve (12) month period. The contract includes the option for two additional (6) six-month renewal periods in the event additional consulting services are requested by the City, for a total potential contract term of up to two (2) years.

Extension of Contract

At the end of the initial twelve (12) month term, the City of Campbell, at its sole discretion may elect to extend the contract for two (2) additional six-month terms. The City may extend the contract for a total of one year, pending additional services are requested by the City and satisfactory performance under the original contract. Contractual costs shall be equal to the June-to-June San Francisco-Oakland-San Jose Consumer Price Index-All Urban (CPI) in an amount not to exceed five percent (5%) but not lower than three percent (3%), upon execution of each contract renewal.

Evaluation of Proposals and Selection Process

Evaluation of the proposals will be made by City Council Members, the City Manager, Community Development Director, Finance Director and Economic Development Specialist and other City staff as deemed appropriate by the City Manager or designee. This evaluation team, in accordance with the criteria listed below, will evaluate all proposals received as specified. The City team members, in applying the major criteria to the proposals, may consider additional criteria beyond those listed.

During the evaluation period, the team may elect to interview some or all of the proposing firms.

The final selection will be the firm which, in the City’s opinion, is the most responsive and responsible, meets the City’s requirements in providing this service, and is in the City's best interest.

The City maintains the sole and exclusive right to evaluate the merits of the proposals received.

Consultants will be objectively evaluated based on their responses to the project scope outlined in the RFP. The written proposal should clearly demonstrate how the firm could best satisfy the City’s requirements. Proposals will be evaluated on the following criteria:

No. Written Evaluation Criteria Point Value
1 Completeness of Response Pass/Fail
2 Qualifications & Experience 30
3 Organization & Approach 20
4 Scope of Services to be Provided 20
5 References 25
6 Local Presence 5
7 Conflict of Interest Statement Pass/Fail
Subtotal: 100

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ATTACHMENT 1

CITY OF CAMPBELL

CONSULTANT SERVICES AGREEMENT

This Agreement is entered into at Campbell, California on the day of , 2023, by and between the CITY OF CAMPBELL (hereinafter referred to as "City") and (hereinafter referred to as "Consultant").

WHEREAS, City desires to obtain a service provider to provide special services in rental dispute and mediation matters from persons specially trained, experienced and competent to perform the special services required for a cost not to exceed $126,000; and

WHEREAS, Consultant represents that it has the expertise, means, and ability to provide, evaluate and keep detailed records throughout the duration of the contract agreement;

NOW, THEREFORE, in consideration of each other's mutual promises, Consultant and City agree as follows:

1. DUTIES OF CONSULTANT

1.1 Consultant agrees to perform services as set forth in Exhibit A - Scope of Services1, attached hereto and incorporated herein by reference, and which shall be interpreted together and in harmony with this Agreement. In the event of any conflict between Exhibit A and this Agreement, this Agreement shall govern, control, and take precedence.

1.2 Consultant’s project manager will meet with the City’s project coordinator prior to commencement of the project to establish a clear understanding of the working relationships, authorities, and management philosophy of City as it relates to this Agreement.

1.3 Consultant, working with the City, will gather available exis ting information concerning the project, and shall review documents as necessary for compliance with the project’s objectives.

1.4 In performance of this Agreement by Consultant, time will be of the essence.

1.5 Notwithstanding Section 1.4, Consultant shall not be responsible for delay caused by activities or factors beyond Consultant’s reasonable control, including delays or by reason of strikes, work slow-downs or stoppages, or acts of God.

1.6 Consultant agrees to perform this Agreement in accordance with the highest degree of skill and expertise exercised by members of Consultant’s profession working on similar projects under similar circumstances.

1 Scope of Services, project schedule and consultant fee schedule to be included in Exhibit A following consultant selection
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1.7 Consultant shall cooperate in good faith with City in all aspects of the performance of this Agreement.

1.8 In the course of the performance of this Agreement, Consultant shall act in the City’s best interest as it relates to the project.

1.9 All activities of Consultant, its employees, subcontractors and/or agents will be carried out in compliance with all applicable federal, state, and local laws and regulations.

1.10 The designated project manager for Consultant shall be .

The Consultant’s project manager shall have all the necessary authority to direct technical and professional work with in the scope of the Agreement and shall serve as the principal point of contact with the City and the City’s project coordinator. The authorized principal of Consultant executing this Agreement for the Consultant shall have authority to make decisions rega rding changes in services, termination and other matters related to the performance of this agreement on behalf of Consultant.

1.11 The Consultant (and its employees, agents, representatives, and subconsultants), in the performance of this Agreement, shall act in an independent capacity and not as officers or officials or employees or agents of the City. The City shall not direct the work and means for accomplishment of the services and work to be performed hereunder. The City, however, retains the right to require that work performed by Consultant meet specific standards consistent with the requirements of this Agreement without regard to the manner and means of accomplishment thereof. Subcontractors shall assume all of the rights, obligations and liabilities, applicable to it as an independent contractor hereunder. Consultant represents and warrants that it (i) is fully experienced and properly qualified to perform the class of work and services provided for herein, (ii) has the financial capability and shall finance its own operations required for the performance of the work and services and (iii) is properly equipped and organized to perform the work and services in a competent, timely and proper manner in accordance with the requirements of this Agre ement.

Consultant agrees to comply with AB5, codified at Labor Code section 2750.3, and shall indemnify, defend and hold harmless the City, its officers, officials, directors, agents representatives, volunteers, and employees against any claim or liability, including attorneys’ fees and costs, arising in any manner related to this Agreement that an employee, agent or ot hers under Consultant’s supervision or control was misclassified.

1.12 This Agreement contains provisions that permit mutually acceptable changes in the scope, character or complexity of the work if such changes become desirable or necessary as the work progresses. Adjustments to the basis of payment and to the time for performance of the work, if any, shall be established by a written contract amendment (approved and executed by the City) to accommodate the changes in work.

2. DUTIES OF CITY

2.1 City shall furnish to Consultant all available and pertinent data and information requested by Consultant to facilitate the preparation of the documents called for in this Agreement.

Consultant shall be entitled to reasonably rely on accuracy and completeness of such information, -12-

provided that Consultant shall provide City prompt written notice of any known defects in such data and information.

2.2 City shall provide contract administration services. City shall notify Consultant of required administrative procedures and shall name representatives, if any, authorized to act in its behalf.

2.3 City shall review documents submitted by Consultant and shall render decisions pertaining thereto as promptly as reasonably possible.

3. COMPENSATION

3.1 For the full performance of the services described herein by Consultant, City agrees to compensate Consultant for all services and direct costs associated with the performance of the project in an amount not to exceed $126,000, as follows:

a. Once each month, Consultant shall submit for payment by City, an itemized invoice for services performed during the previous billing period. The invoice shall describe the services rendered and the title of the item of work and shall list labor hours by personnel classification. Said invoice shall be based on all labor and direct expense charges made for work performed on the project. Labor charges shall be in accordance with the fee schedule found in Exhibit A of this Agreement. City shall pay Consultant for services rendered and approved by the City within 30 days from the date the itemized invoice is received by the City, subject to the maximum not to exceed amount specified above and the City’s right to object.

b. Direct costs are those outside costs incurred on or directly for the project and substantiated with invoices for the charges. Direct expenses include printing, reproduction, and delivery charges.

3.2 If Consultant incurs other costs which are not specifically covered by the terms of this Agreement, but which are necessary for performance of Consultant’s duties, City may approve payment for said costs if authorized in writing by the City in advance.

3.3 City may order changes in the scope or character of services in writing, including decreasing the amount of Consultant’s services. In the event that the work is decreased, Consultant is entitled to full compensation for all services performed and expenses incurred prior to receipt of notice of change. Under no conditions shall Consultant make any changes to the work, either as additions or deductions, without the prior written order of the City. In the event, that the City determines that a change to the work or services from that specified in this Agreement is required, the contract time and/or actual costs reimbursable by the City for the project may be adjusted by contract amendment or change order to accommodate the changed work. The maximum not to exceed total amount specified in this Article 3 (Compensa tion) shall not be exceeded, unless authorized by written contract amendment or change order, approved and executed by the City.

Consultant shall obtain prior written approval for a revised fee schedule from the City before exceeding such fee schedule. Only City’s authorized representative(s) is authorized to approve changes to this Agreement on behalf of City.

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3.4 In no event, will the Consultant be reimbursed for any costs or expenses at any rates that exceed the rates for set forth in the fee schedule found in Exhibit A.

3.5 Consultant agrees that the payments to Consultant specified in this Article 3 (Compensation) will constitute full and complete compensation for all obligations assumed by Consultant under this Agreement. Where conflicts regardi ng compensation may occur, the provisions of this section apply.

4. SUBCONSULTANTS

4.1 Consultant may not subcontract any services required under this Agreement without the prior written consent of the City.

4.2 Consultant shall be responsible to City for the performance of any and all subconsultants who perform work under this contract, and any acts of negligence or misconduct on their part. Consultant is solely responsible for all payments due to subconsultants.

4.3 Consultant shall require and verify that all s ubcontractors maintain insurance meeting all of the requirements stated herein, including naming the City of Campbell, its officers, officials, directors, agents’ representatives, volunteers, and employees as additional insureds. Any modification to the in surance requirements for subcontractors must be agreed to by the City in writing.

4.4 If at any time, the City determines any subcontractor is incompetent or unqualified, Consultant will be notified and will be expected to immediately cancel the subcontract.

5. OWNERSHIP OF DOCUMENTS AND MATERIALS

All original drawings, documents, data, materials, photographs, negatives and other work products prepared by the Consultant and/or its subconsultants in the performance of the services encompassed in this Agreement (whether in printed or electronic format) (“project -related documents and materials”) shall be the property of the City and may be used on this project without the consent of the Consultant or its subcontractors. City acknowledges that such drawi ngs, documents, and other items are instruments of professional services intended for use only on the subject project. Consultant agrees that all copyrights which arise from creation of the Project - related documents and materials pursuant to this Agreement shall be vested in the City and waives and relinquishes all claims to copyright or other intellectual property rights in favor of the City.

Any and all project-related documents and materials including draft documents and materials related to this Agreement shall be confidential, not to be used by the Consultant on other projects or disclosed to any third party, except by agreement in writing by the City, or except as otherwise provided herein or applicable laws. Upon the completion or termination of this Agreement for any reason, the City shall be entitled to receive, and Consultant shall promptly provide to the City upon request, all finished and unfinished project-related documents and materials, produced or gathered -14-

by or on behalf of Consultant that are in Consultant’s possession, custody or control. Consultant may retain copies of said documents and materials for its files. In the event of termination, any dispute regarding compensation or damages shall not hinder, prevent, or otherwise impact the City’s right to promptly receive and use such documents and materials which are the sole and exclusive property of the City.

6. TERMINATION

6.1 Notwithstanding any other provision of this Agreement, City may terminate this Agreement at any time, with or without cause, in its sole discretion, by giving notice in writing to Consultant not less than 14 calendar days prior to an effective termination date. In the event of such termination, Consultant shall have the right and obligation to immediately assemble the work then in progress for the purpose of completing the work and turning over all materials and documents to City.

6.2 In the event of such termination, Consultant shall be compensated for all work and services performed to the point of termination in accordance with the payment provisions set forth in Section 3.1, unless the termination is for cause, in which event Consultant need be compensated only to the extent required by law.

6.3 Upon notice of termination by City, the Consultant will immediately act to not incur any additional obligations, costs or expenses, except as may be reasonably necessary to terminate its activities. All finished or unfinished work or documents procured or produced under the Agreement will become property of the City upon the termination date. In the event of Consultant’s failure to perform pursuant to the Agreement, the City reserves the right to obtain services elsewhere and Consultant will be liable for the difference between the pric es set forth in the terminated Agreement and the actual cost to the City. Termination of the Agreement pursuant to this paragraph shall not relieve the Consultant of any liability to City for additional costs, expenses, or damages sustained by City due to failure of the Consultant to perform pursuant to the Agreement. City may withhold any payments to Consu ltant for the purpose of set off until such time as the exact amount of damages due City from Consultant is determined. After the effective date of termination, Consultant will have no further claims against the City under the Agreement.

No other compensation will be payable for anticipated profit on unperformed services.

7. AUDIT AND INSPECTION

Consultant shall permit authorized representatives of City to inspect and audit all data and records relating to its performance under this Agreement for a period of three years following acceptance of the final study.

8. EQUAL EMPLOYMENT OPPORTUNITY

Consultant agrees to refrain from discriminatory employment practices on the basis of race, religious creed, color, sex, national origin, handicap, sexual orientation, marital status, medical condition, disability, ancestry, organizational affiliation, military or veteran status, or -15-

any other consideration made unlawful by local, State or Federal law, of any employee of, or applicant for employment with, such Consultant or subcontractor. City requires Consultant to comply with all applicable Federal and State and local equal employmen t opportunity laws and regulations.

9. INSURANCE AND INDEMNIFICATION

9.1 With respect to any professional services provided by Consultant , the Consultant agrees to indemnify, and hold harmless the City, its officers, and employees to the fullest extent allowed by law from any and all claims, actions, causes of action, damages, liabilities and losses, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, except for any claims, actions , causes of action, losses, damages or liabilities proximately caused by the sole negligence or willful misconduct of City. City shall not be liable for acts of Consultant in performing services described herein. Notwithstanding anything in this paragraph to the contrary, any defense costs charged to the consultant under this paragraph shall not exceed the consultant proportionate percentage of fault, except:

a. That in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the consultant shall meet and confer with the other parties regarding unpaid defense costs in good faith effort to agree on the allocation of those costs amongst the parties; and

b. Where a project-specific general liability policy ensures all project participants for general liability exposures on a primary basis and also covers all consultant for their legal liability arising out of their professional services on a primary basis, then there shall be no limitation on the consultant 's duty to provide a defense and cover the City's cost of defense.

With respect to all matters other than those covered by the foregoing paragraph, Consultant agrees to indemnify, defend (with counsel reasonably satisfactory to the City) and hold harmless the City, its officers, officials, directors, agents representatives, volunteers, and employees to the fullest extent allowed by law from and against any and all claims, actions, causes of action, losses, damages, liabilities and costs of every nature, including attorneys’ fees and costs (collectively, “Losses”) including but not limited to all claims, actions, causes of action, losses, damages, liabilities for property damage, bodily injury, or death, and all costs of defending any claim, caused by or arising out of, or alleged to have been caused by or arise out of, in whole or in part, Consultant’s performance under this Agreement, except for any claims, actions, causes of action, losses, damages, costs or liabilities proximately caused by the sole negligence or willful misconduct of City. City shall not be liable for acts of Consultant in performing services described herein.

In no event shall this section be construed to require indemnification by the Consultant to a greater extent than permitted under the public policy of the State of California; and in the event that this contract is subject to California Civil Code section 2782(b), the foregoing indemnity provisions shall not apply to any liability for the active negligence of the City. -16-

The defense and indemnity provisions obligations of this Agreement are undertaken in addition to and shall not in any way be limited by the insurance obligations contained in this Agreement. The foregoing indemnity provisions are intended to fully allocate the parties’ risk of liability to third - parties; and there shall be no rights to indemnity or contribution, in law or equity or otherwise between the parties that are not set forth in this section. Consultant waives all rights to subrogation for any matters covered by the provisions of this section. Consultant’s responsibility for such defense and indemnity obligations as set forth in this section shall survive the termination or completion of this Agreement for the full period of time allowed by law.

9.2 Consultant shall maintain insurance conforming to the following specifications to the fullest amount allowed by law for a minimum of three (3) years following the termination or completion of this Agreement:

A. Types of Coverage

The policies shall afford the following types of coverage:

1. Commercial General Liability;

2. Automotive;

3. Workers’ Compensation and Employer Liability; and

4. Professional Liability and/or Errors and Omissions

B. Minimum Scope of Insurance

Coverage shall be at least as broad as:

1. For Commercial General Liability: Insurance Services Office (ISO) CGL Form 00 01 11 85; and

2. For Automotive Liability: ISO CA 00 01 06 92 including symbol 1(any auto); and

3. For Workers’ Compensation: insurance as required by the Labor Code of the State of California and Employer's Liability insurance; and

4. For Professional Liability and/or Errors and Omissions: insurance covering negligence committed by or on behalf of Consultant in rendering services to City.

C. Minimum Limits of Insurance

Consultant shall maintain limits no less than:

1. General Liability: $1,000,000 combined single limit per occurrence for -17-

bodily, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage.

3. Workers’ Compensation and Employer's Liability: Workers’ Compensation limits as required by the Labor Code of the State of California and Employer's L iability limits of $1,000,000 per accident. The Worker’s Compensation policy must be endorsed with a waiver of subrogation in favor of the City for all work performed by the Consultant and its employees.

4. Professional Liability and/or Errors and Omissions: $1,000,000 per claim and $2,000,000 in the annual aggregate.

The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City (as agreed to in this Agreement) before the City’s own insurance or self - insurance shall be called upon to protect it as a named insured.

D. Deductible and Self-Insured Retention

Any deductibles or self -insured retention must be declared to and approved by the City and shall not reduce the limits of liability. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self -insured retention as respects the City, its agents, officers, attorneys, employees, officials and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses related to investigations, claim administration, and defense expenses. Policies containing any self-insured retention provision shall provide or be endorsed to provide that the self- insured retention may be satisfied by either the named insured or the City.

E. Other Insurance Provisions

The policies are to contain, or be endorsed to contain, the following provisions:

1. General Liability and Automobile Liability Coverage:

a. The City, its agents, officers, attorneys, employees, officials and volunteers are to be covered as additional insureds as respects: liability arising out of this Agreement performed by or on behalf of the Consultant, products and completed operations of the Consultant, premises owned, occupied or used by the Consultant, or automobiles owned, leased, hired or borrowed by the Consultant. It is a requirement of this Agreement that any available insurance proceeds broader -18-

than or in excess of the specified minimum insurance coverage requirements and/or limits set forth in this Agreement shall be available to the City as an additional insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage limits specified in this Agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever is affords greater coverage.

b. The Consultant's insurance coverage shall be primary insuran ce as respects the City, its agents, officers, attorneys, employees, officials and volunteers.

Any insurance or self -insurance maintained by the City, its agents, officers, attorneys, employees, officials and volunteers shall be excess of the Consultant's insurance and shall not contribute with it.

c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its agents, officers, attorneys, employees, officials, and volunteers.

d. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability.

2. Workers’ Compensation and Employer’s Liability Coverage: The insurer shall agree to w aive all rights of subrogation against the City, its agents, officers, attorneys, employees, officials, and volunteers for losses arising from work performed by the Consultant for the City.

3. All Coverages: Any unintentional failure to comply with reporting provisions of the policies shall not affect coverage provided to the City; and unless otherwise approved by the City, each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days prior written notice by regular mail has been given to the City, or ten (10) days for cancellation for non- payment of premium.

F. Suspension or Cancellation

If any of the coverages required by this Agreement should be suspended, voided, cancelled or reduced in coverage during the term of this Agreement, Consultant shall immediately notify City and replace such coverage with another policy meeting the requirements of this Agreement.

G. Subcontractors

Consultant agrees that any and all contracts with subcontractors for performance of any matter under this Agreement shall require the subcontractors to comply with the same indemnity and insurance requirements set forth in this Agreement to the extent that they apply to the scop e of the subcontractors’ work. Subcontractors are to be bound to contractor and to City in the same manner -19-

and to the same extent as the Consultant is bound to City under this Agreement. Subcontractors shall further agree to include these same provisions with any sub -subcontractor. A copy of this Agreement will be furnished to the subcontractor on request. The Consultant shall require all subcontractors to provide a valid certificate of insurance and the required endorsements included in the Agreement prior to commencing any work and will provide proof of compliance to the City.

H. Acceptability of Insurers

Without limiting Consultant's indemnification provided hereunder, the policies of insurance listed in Article 9.2 of this Agreement are to be issued by an issuer with a current A.M. Best Rating of A:V and who is authorized to transact business in the State of California, unless otherwise approved by the City.

I. Verification of Coverage

Consultant shall furnish the City with endorsements and certificates of insurance evidencing coverage required by this clause. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates are to be on forms acceptable to the City. Where required by statue, forms approved by the Insurance Commissioner are to be submitted. All certificates are to be received and approved by the City before work commences.

J. Special Risks/Circumstances

City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances and provide notice to Consultant.

10. MISCELLANEOUS

10.1 This Agreement shall be binding on the heirs, executors, assigns and successors of Consultant.

10.2 Neither party may assign this Agreement, or any portion hereof, without the prior written consent of the other.

10.3 This Agreement shall not be construed to alter, affect, or waive any lien or stop notice rights, which Consultant may have for the performance of services pursuant to this Agreement.

10.4 Neither party’s waiver of any term, condition or covenant, or breach of any term, condition or covenant shall be construed as the waiver of any other term, condition or covenant or waiver of the breach of any other term, condition or covenant.

10.5 This Agreement contains the entire Agreement between City and Consultant relating to the project and the provision of services to the project. Any prior agreements, -20-

promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. Subsequent modifications to this Agreement shall be in writing and signed by both City and Consultant.

10.6 If any term, condition or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall be valid and binding on City and Consultant.

10.7 This Agreement shall be governed and construed in accordance with the laws of the State of California.

10.8 All changes or amendments to this Agreement must be in writing and approved by all parties.

10.9 The initial contract term shall commence upon execution of the contract by the City and shall be for a two (2) month period, unless terminated sooner in accordance with the contract.

The City of Campbell at its sole discretion may elect to extend the contract up to two (2) consecutive six-month periods by providing written notice to Consultant not less than thirty (30) days prior to expiration of the original or extended term. The total length of the contract shall not exceed a period of one year. Annual contractual costs shall be equal to the August-to-August San Francisco-Oakland-San Jose Consumer Price Index -All Urban (CPI-U) in an amount not to exceed five percent (5%), but not lower than three percent (3%), annually, on July 1 of each contract renewal if executed.

10.10 Consultant owes the City a duty of undivided loyalty in performing the work and services under this Agreement, including, but not limited to, the obligation to refrain from having economic interests and/or participating in activities that conflict with the City’s interests in respect to the work and/or services and project. The Consultant shall list current clients who may have a financial interest in the outcome of this Agreement. The Consultant hereby certifies that it does not now have, nor shall it acquire any financial or business interest that woul d conflict with the performance of services under this agreement. Consultant shall not make or participate in making or in any way attempt to use Consultant’s position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a direct or indirect financial interest other than the compensation promised by this Agreement. Consultant will immediately advise the City if Consultant learns of a financial interest of Consultant's during the term of this Agreement.

10.11 City is a public agency subject to the disclosure requirements of the California Public Records Act (“CPRA”). If Consultant’s proprietary information is contained in documents or information submitted to City, and Consultant claims that such information falls within one or more CPRA exemptions, Consultant must clearly mark such information “Confidential and Proprietary,” and identify the specific lines containing the information. In the event of a request for such information, City will make b est efforts to provide notice to Consultant prior to such disclosure. If Consultant contends that any documents are exempt from the CPRA and wishes to prevent disclosure, it is required to obtain a protective order, injunctive relief or other appropriate remedy from a court of law in Santa Clara County before the City is required to respond to the -21-

CPRA request. If Consultant fails to obtain such remedy within the time the City is required to respond to the CPRA request, City may disclose the requested information without any liability to Consultant. Consultant further agrees that it shall defend, indemnify and hold City harmless against any claim, action or litigation (including but not limited to all judgments, costs, and attorney’s fees) that may result from denial by City of a CPRA request for information arising from any representation, or any action (or inaction), by the Consultant.

10.12 Neither party hereto shall be considered in default in the performance of its obligation hereunder to the extent that the performance of any such obligation is prevented or delayed by an act of God, natural disaster, pandemic, acts of terrorism, war, or other peril, which is beyond the reasonable control of the affected party and without the negligence of the respective Parties. Each party hereto shall give notice promptly to the other of the nature and extent of any Force Majeure claimed to delay, hinder or prevent performance of the services under this Agreement. Each Party will, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and will, upon the cessation of the cause, diligently pursue performance of its obligations in this Agreement. In the event either party is prevented or delayed in the performance of its respective obligation by reason of such Force Majeure, there may be an equitable adjustment of the schedule and Consultant compensation based on City’s sole discretion.

10.13 Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

10.14 Consultant warrants that Consultant, its subcontractors and/or agents (if any) has/have complied with any and all federal, state, and local licensing requirements

10.15 Each party acknowledges that it has reviewed this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement.

10.16 The signatories to this Agreement warrant and represent that each is authorized to execute this Agreement and that their respective signatures serve to legally obligate their respective representatives, agents, successors and assigns to comply with the provisions of this Agreement.

10.17 This Agreement is entered into, and to be performed in Santa Clara County, California, and any action arising out of or related to this Agreement shall be maintained in a court of appropriate jurisdiction in Santa Clara County, California.

10.18 This Agreement may be executed in counterparts which shall, in the aggregate, be deemed an original but all of which, together, shall constitute one and the same instrument. A scanned, electronic, facsimile or other copy of a party’s sig nature shall be accepted and valid as an original.
-22-

11. NOTICES

Notices required under this Agreement may be delivered by first class mail addressed to the appropriate party at one of the following addresses:

CITY: City of Campbell
Attention: Rob Eastwood
70 North First Street
Campbell, CA 95008

CONSULTANT: _________________________________
Attention: _________________________

[SIGNATURES ON FOLLOWING PAGE]
23 Having read and understood the foregoing Agreement, the undersigned parties agree to be bound hereby:

CONSULTANT CITY OF CAMPBELL

By By ____________________________________

Title Title

To: Mayor Bybee and City Council Members Date: May 16, 2023 From: Ken Ramirez, Administrative Analyst and Bob Lennen, Building Official Via: Rob Eastwood, Community Development Director
Subject: Desk Item for Item #23 – Authorize the City Manager to Execute a Contract amendment to the Consultant Services Agreements for Building Plan Check and Inspection Services with True North, Bureau Veritas, O’Brien Code Consulting, and West Coast Code Consulting.

This Desk item is intended to amend the provided resolution so that it comports to Campbell’s current Bidding Requirements as outlined within Campbell’s Municipal Code.

Subsection (1) of Campbell Municipal Code section 3.20.100, states that "[c]ontracts over fifty thousand dollars shall be awarded by the city council." Attached resolution was amended to state that he City Council of the City of Campbell hereby approves contract amendments for Bureau Veritas North America, Inc. (BVNA), O’Brien Code Consulting, Inc. (OCC), West Coast Code Consulting (WC3), and/or True North Compliance Services (TNC) for (a) consultant services to support building division with plan check and building inspection services and (b) authorizes the City Manager to amend, negotiate, modify and execute future contract amendments with the selected consulting firms for a two year term, as needed, in an amount not to exceed a combined total of $1,000,000 for adopted contracts as set forth in Exhibit A.

Attached:
• Amended Draft Resolution
• Referenced Contract Amendments for Bureau Veritas North America, Inc. (BVNA), O’Brien Code Consulting, Inc. (OCC), West Coast Code Consulting (WC3), and/or True North Compliance Services (TNC).

City of Campbell MEMORANDUM

RESOLUTION NO. ______________

BEING A RESOLUTION OF THE CITY COUNCIL OF TH E CITY OF CAMPBELL

HEREBY APPROVES CONTRACT AMENDMENT S FOR BUREAU VERITAS NORTH AMERICA, INC. (BVNA), O’BRIEN CODE CONSULTING, INC. (OCC), WEST COAST CODE CONSULTING (WC3), AND TRUE NORTH COMPLIANCE

SERVICES (TNC) FOR (A) CONSULTANT SERVICES TO SUPPORT BUILDING

DIVISION WITH PLAN CHECK AND BUILDING INSPECTION SERVICES AND (B)

AUTHORIZES THE CITY MANAGER TO AMEND, NEGOTIATE, MODIFY AND

EXECUTE FUTURE CONTRACT AMENDMENTS WITH THE SELECTED

CONSULTING FIRMS FOR A TWO YEAR TERM, AS NEEDED, IN AN AMOUNT NOT TO EXCEED A COMBINED TOTAL OF $1,000,000 FOR ADOPTED CONTRACTS.

WHEREAS, in order to maintain the level of service and ensure the safety of the residents in the community through the verification and assurances that applications are compliant with health and safety regulations as outlined in California Administrative Code and Cali fornia Code of Regulations, Title 24 s; and

WHEREAS, the City seeks the special services, consultation or advice in building code plan check matters from persons specially trained, experienced and competent to perform the special services required;

WHEREAS, the City has recognized the need for third party assistance in performing services which may require review and analysis when existing department staff due not possess the required technical certifications to conduct the review or analysis; and

WHEREAS, the City Council reviewed and approved the issuance of Request for Quote (RFQ) to assist the Community Development Department’s Building Division to provide California Building and Municipal code compliant plan check services for the safety of the community; and

WHEREAS, on February 1,2023, the City entered agreements with Bureau Veritas North America, Inc. (BVNA), O’Brien Code Consulting, Inc. (OCC), West Coast Code Consulting (WC3), and True North Compliance Services (TNC) to provide Building Plan Check services; and

WHEREAS, the City would like to utilize all services offered by Bureau Veritas North America, Inc. (BVNA), O’Brien Code Consulting, Inc. (OCC), West Coast Code Consulting (WC3), and /or True North Compliance Services (TNC) to provide Building Inspection services; and

WHEREAS, Bureau Veritas North America, Inc. (BVNA), O’Brien Code Consulting, Inc. (OCC), West Coast Code Consulting (WC3), and /or True North Compliance Services (TNC) have the expertise to provide Building Plan Check and Building Inspection services; and

WHEREAS, the terms of the existing contract agreements entered into on February 1, 2023 allow for an initial two-year agreement with an option to extend two consecutive six (6) month periods; and

WHEREAS, the City recognizes that a combined total contract amount of $1,000,000 for Building Plan Check and Building Inspection services is needed to sustain business continuity on pace with goals and objectives outlined within the adopted 2040 General Plan and 2023-2031 Housing Element; and

WHEREAS, the City Council authorizes a combined total of $ 1,000,000 for adopted contracts; and

WHEREAS, the City Council approves the adopted contracts and respective contract amendments for Bureau Veritas North America, Inc. (BVNA), O’Brien Code Consulting, Inc. (OCC), West Coast Code Consulting (WC3), and /or True North Compliance Services (TNC) to provide Building Plan Check and Building Inspection services; and WHEREAS, the City Council authorizes the City Manager to negotiate or modify the contract service agreements contract obligations to reflect the service needs of plan check and building inspection service needs as warranted; and
WHEREAS, the terms allow the contract agreements to be amended in writing.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell hereby approves contract amendments for Bureau Veritas North America, Inc. (BVNA), O’Brien Code Consulting, Inc. (OCC), West Coast Code Consulting (WC3), and /or True North Compliance Services (TNC) for (a) consultant services to support building division with plan check and building inspection services and (b) authorizes the City Manager to amend, negotiate, modify and execute future contract amendments with the selected consulting firms for a two year term, as needed, in an amount not to exceed a combined total of $1,000,000 for adopted contracts as set forth in Exhibit A.

PASSED AND ADOPTED this ____ day of May, 2023, by the following roll call vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED: _____________________
Anne Bybee, Mayor
ATTEST: _________________________
Andrea Sanders, City Clerk
AM

ENDMENT TO CONTRACT SERVICES AGREEMENT
AMENDMENT #1

CITY OF CAMPBELL
70 NORTH FIRST STREET
CAMPBELL, CA 95008
(408) 866
-2140
This Amendment to Contract Services Agreement (hereinafter “Amendment”) amends the Consultant Services Agreement (hereinafter “Agreement”) to establish Building Plan Check Services for the City of Campbell originally entered into on the 1st day of February 2023, by and between the City of Campbell (a Municipal Corporation, hereinafter referred to as “City”) and Bureau Veritas North America, Inc. (BVNA), a Delaware Corporation. (a California Corporation, hereinafter referred to as “Consultant”).

As provided for under the terms of this Amendment, the City and Consultant agree to amend the following provisions of the Agreement as follows:
• Compensation. The compensation under Section 3.1 has a maximum contract obligation amount of $200,000 with a listed contract term of two years. Included as Exhibit 1 is the Consultant Services Agreement, the maximum contract obligation amount s hall be repealed and replaced with a $100,000 max contract obligation as noted in this Amendment.

All other terms and conditions as set forth in the Agreement shall remain in effect.

Signature Warranty:

The undersigned are authorized to represent and enter into this Amendment on behalf of the Consultant.

This Amendment to the Consultant Services Agreement shall become effective upon its execution by the City, in witness whereof, the parties have executed this Amendment the day and year first written above.

CONTRACTOR CITY OF CAMPBELL
By: By:

Name: Craig Baptista Name: Brian Loventhal
Title: Vice President Title: City Manager
Date: Date:

AM

ENDMENT TO CONTRACT SERVICES AGREEMENT
AMENDMENT #1

CITY OF CAMPBELL
70 NORTH FIRST STREET
CAMPBELL, CA 95008
(408) 866
-2140
This Amendment to Contract Services Agreement (hereinafter “Amendment”) amends the Consultant Services Agreement (hereinafter “Agreement”) to establish Building Plan Check Services for the City of Campbell originally entered into on the 1st day of February 2023, by and between the City of Campbell (a Municipal Corporation, hereinafter referred to as “City”) and True North Compliance Services (TNC) (a California Corporation, hereinafter referred to as “Consultant”).

As provided for under the terms of this Amendment, the City and Consultant agree to amend the following provisions of the Agreement as follows:
• Compensation. The compensation under Section 3.1 has a maximum contract obligation amount of $200,000 with a listed contract term of two years. Included as Exhibit 1 is the Consultant Services Agreement, the maximum contract obligation amount s hall be repealed and replaced with a $100,000 max contract obligation as noted in this Amendment.

All other terms and conditions as set forth in the Agreement shall remain in effect.

Signature Warranty:

The undersigned are authorized to represent and enter into this Amendment on behalf of the Consultant.

This Amendment to the Consultant Services Agreement shall become effective upon its execution by the City, in witness whereof, the parties have executed this Amendment the day and year first written above.

CONTRACTOR CITY OF CAMPBELL
By: By:

Name: Isam Hasenin Name: Brian Loventhal
Title: President Title: City Manager
Date: Date:

AM

ENDMENT TO CONTRACT SERVICES AGREEMENT
AMENDMENT #1

CITY OF CAMPBELL
70 NORTH FIRST STREET
CAMPBELL, CA 95008
(408) 866
-2140
This Amendment to Contract Services Agreement (hereinafter “Amendment”) amends the Consultant Services Agreement (hereinafter “Agreement”) to establish Building Plan Check Services for the City of Campbell originally entered into on the 1st day of February 2023, by and between the City of Campbell (a Municipal Corporation, hereinafter referred to as “City”) and O’Brien Code Consulting Inc. (a California Corporation, hereinafter referred to as “Consultant”).

As provided for under the terms of this Amendment, the City and Consultant agree to amend the following provisions of the Agreement as follows:
• Compensation. The compensation under Section 3.1 has a maximum contract obligation amount of $200,000 with a listed contract term of two years. Included as Exhibit 1 is the Consultant Services Agreement, the maximum contract obligation amount s hall be repealed and replaced with a $400,000 max contract obligation as noted in this Amendment.

All other terms and conditions as set forth in the Agreement shall remain in effect.

Signature Warranty:

The undersigned are authorized to represent and enter into this Amendment on behalf of the Consultant.

This Amendment to the Consultant Services Agreement shall become effective upon its execution by the City, in witness whereof, the parties have executed this Amendment the day and year first written above.

CONTRACTOR CITY OF CAMPBELL
By: By:

Name: Susan O’Brien Name: Brian Loventhal
Title: Principal Title: City Manager
Date: Date:

AM

ENDMENT TO CONTRACT SERVICES AGREEMENT
AMENDMENT #1

CITY OF CAMPBELL
70 NORTH FIRST STREET
CAMPBELL, CA 95008
(408) 866
-2140
This Amendment to Contract Services Agreement (hereinafter “Amendment”) amends the Consultant Services Agreement (hereinafter “Agreement”) to establish Building Plan Check Services for the City of Campbell originally entered into on the 1st day of February 2023, by and between the City of Campbell (a Municipal Corporation, hereinafter referred to as “City”) and West Coast Code Consulting (WC3) Inc. (a California Corporation, hereinafter referred to as “Consultant”).

As provided for under the terms of this Amendment, the City and Consultant agree to amend the following provisions of the Agreement as follows:
• Compensation. The compensation under Section 3.1 has a maximum contract obligation amount of $200,000 with a listed contract term of two years. Included as Exhibit 1 is the Consultant Services Agreement, the maximum contract obligation amount s hall be repealed and replaced with a $400,000 max contract obligation as noted in this Amendment.

All other terms and conditions as set forth in the Agreement shall remain in effect.

Signature Warranty:

The undersigned are authorized to represent and enter into this Amendment on behalf of the Consultant.

This Amendment to the Consultant Services Agreement shall become effective upon its execution by the City, in witness whereof, the parties have executed this Amendment the day and year first written above.

CONTRACTOR CITY OF CAMPBELL
By: By:

Name: Giyan Senaratne Name: Brian Loventhal
Title: CEO/ President Title: City Manager
Date: Date: