Stormwater
Management
§ 8.020.E.(1)
(b)
Stormwater management
features are limited to swales
and ponds integrated into the
streetscape system and/or
open spaces areas.
Allow use of the Silva Cell modular
suspended pavement system for
stormwater management.
Rational: This standard precludes the project as defined. Silva Cell systems are typical for stormwater management and should be included in the City’s allowable systems for management.
Sidewalk
Width § 8.040.5.B Where they occur , sidewalks
must be at least 6-feet wide.
Allow use of sidewalks of 4-feet in
width.
Rational: This standard precludes the project as designed. Complying with this standard would would needlessly reduce landscape area and/or building square footage.
Zone Standards (MFDDS Chapter 3)
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Depth
§ 3.050.3
85-ft. minimum, except when
abutting an alley, where a 65-
ft minimum applies (20-ft
reduction)
Detached
Townhomes 64-ft. minimum
Rational: This standard precludes the project as designed. Complying with this standard would conflict with site boundaries, proposed walkways and common open space and would result in a loss of density and/or significant decrease in unit size.
Interior
Setbacks § 3.050.5 5-ft. minimum
Attached
Townhomes 2-ft. minimum
Detached
Townhomes
4-ft. minimum
Rational: This standard precludes the project as designed. Complying with this standard would result in a loss of units or significant reduction in size.
Side Street
Setback § 3.050.5 10-ft. minimum Attached
Townhomes 5-ft. minimum
Rational: This standard precludes the project as designed. Complying with this standard would conflict internal product and project design.
Façade Zone§ 3.050.5
A minimum of 65% of the
building must be within the
façade zone (front street)
A minimum of 55% of the
building must be within the
façade zone (side street)
Attached
Townhomes
No minimum façade
zone
Rational: This standard precludes the project as designed. Complying with this standard would subject the project into losing an unacceptable amount of density and/or severely reducing unit size.
Parking
(garage)
Setback
§ 3.050.7
40-ft. minimum (front street)
20-ft. minimum (street street)
Attached
Townhomes
17-ft. minimum (front)
8-ft. minimum (street-
side)
Detached
Townhomes
30-ft. minimum (front)
12-ft. minimum (street-
side)
Rational: This standard precludes the project as designed. Complying with this standard would reduce density to an unacceptable level.
Depth of
Ground-Floor
Habitable
Space
§ 3.050.5 25-feet minimum for at least
80% of façade length
Attached
Townhomes 9-ft. to 23-ft.
Detached
Townhomes 16-ft to 23-ft.
Rational: This standard precludes the project as designed. We feel that this standard should be modified in future iterations of the MFDDS to what is currently being utilized by todays new home builders.
Site Design Standards (MFDDS Chapter 4)
# Standard MFDDS
Section City's Standard Requested Standard
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n # 1
Tree Removal
Requirement
s
§ 4.030.4.C.
"Protected" trees require a
Tree Removal Permit in
accordance with CMC Chapter
21.32. Allow for removal of "protected" trees
without a Tree Removal Permit,
negating the need to exhaust all
alternative site configurations and
adjustments permitted under MFDDS §
21.07. This is a concession that is allowed under the Density Bonus Law.
Mailbox
Height § 4.050.1.A. 5-ft. (60") maximum height62 ¾" maximum height Rational: This modification is for a 3” variation to the max mailbox height.
Building Type Standards (MFDDS Chapter 5)
Unit
Configuratio
n
§ 5.090.2
Townhome units, as defined,
are to be linearly divided and/
or vertically stacked
Attached
Townhomes
Allow for interwoven
layout of units (i.e.,
partially stacked or
side-to-back layout) for
Plan 1 and 2.
Rational: This standard precludes the project as designed. The product type proposed is a standard layout for today’s attached housing product commonly offered throughout every Bay Area jurisdiction.
Massing Type§ 5.090.3
Only 'Side Gable,' 'Center
Gable,' and 'Twin Gable'
massing types are allowed
Detached
Townhomes
Allow for a 'Front
Gable' massing type
Rational: This standard precludes the project as designed. Our belief is that we are providing an enhanced visual appeal with our submitted design.
Unit Width § 5.090.3 16-feet minimum Attached
Townhomes 12-feet (Plan 5 only)
Rational: This standard precludes the project as defined. There are a few units that in areas will be reduced to 12’ width. These units are completely functional and have been proven to provide value to today’s new home buyers.
Pedestrian
Access § 5.090.5
Main entrance location shall
be at the front of the
building.
Attached
Townhomes Allow some units to
have main entrances at
the side of the building
(at corners).Detached
Townhomes
Rational: This standard precludes the project as designed. We believe that the placement of main entrance location should be placed where it is most visually appealing, which is what we have done.
Architectural Standards (MFDDS Chapter 7)
Massing
Elements § 7.030.3.B.
Buildings over 80 feet wide
and up to 120 feet wide shall…
include at least one …massing
feature.
Attached
Townhomes
No requirement for a
massing feature.
Rational: This standard precludes the project as designed. Complying with this standard would conflict with proposed massing in all of the buildings.
Bay
Composition§ 7.040.5
Each façade shall be
arranged according to a
pattern of bays.
Attached
Townhomes
No requirement for
strict pattern of bays.
# Standard MFDDS
Section City's Standard Requested Standard
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Attachment: Housing Incentive Request (PLN-2023-164 – 251 Llewellyn Avenue) Rational: This standard precludes the project as designed. Complying with this standard would fundamentally change the design as contemplated.
Base, Middle,
Top § 7.040.3
Each building shall be
composed of a base, middle,
and top.
Attached
Townhomes Do require a base,
middle, and top
treatment across all
elevations.Detached
Townhomes
Rational: This standard precludes the project as designed. Complying with this standard would conflict with proposed massing and elevation change to all buildings. # Standard MFDDS
Section City's Standard Requested Standard
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Attachment: Housing Incentive Request (PLN-2023-164 – 251 Llewellyn Avenue) PULTE HOMES 251 Llewellyn Avenue Project
Addendum to Housing Incentives Request
Standard: Transformer Screening
MFDDS Section: 4.050.3
City’s Standard: Transformers shall be fully screened by a solid wall Requested Standard: Allow to be screened by landscaping and/or wood screens Rational: Achieves the same purpose, but allows for more greenery and an easier envelope in which to work with.
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PLANNING COMMISSION
REGULAR MEETING MINUTES
Tuesday, June 25, 2024 I 7:30pm
City Hall Council Chamber
CALL TO ORDER
The Regular Planning Commission meeting of June 25, 2024, was called to orde r at 7:30 pm by Chair Zisser, and the following proceedings were had to wit.
ROLL CALL
Staff Present:
Rob Eastwood, Director
Bill Seligmann, City Attorney
Daniel Fama, Senior Planner
Larissa Lomen, Assistant Planner
Ken Ramirez, Administrative Analyst
APPROVAL OF MINUTES
1. Approval of Minutes of May 28, 2024 (Roll Call Vote) a. Meeting Minutes, 5/28/2024 (Regular Meeting)
Commissioner Ostrowski abstained. Commissioner Buchbinder and Majewski absent.
COMMUNICATIONS
Desk Items submitted with multiple emails from the surrounding community of Item 4.
AGENDA MODIFICATIONS OR POSTPONEMENTS
Planning Commissioners Present:
Alan Zisser, Chair
Matt Kamkar, Vice Chair
Maggie Ostrowski
Michael Krey
Davis Fields
Planning Commissioners Absent:
Adam Buchbinder
Cori Majewski
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Recommended Action : That the Planning Commission adopt a r esolution approving a Conditional Use Permit.
Senior Planner Daniel Fama presented report to consider the request of Brendan McNamara on behalf of Argonaut Investments, to reinstate an expired Conditional Use Permit that allowed establishment of an approximately 40,000 square -foot Health/fitness Center with ancillary temporary childcare services and a public opening time of 5:00 AM, within an existing commercial building formally occupied by Bed, Bath, and Beyond on property located at 515 E. Hamilton Avenue.
Commissioners were informed that the new sports fitness center would be called Villa Sports and the childcare facility on site would be exempt from state child care licensing requirements due to the short duration of childcare supervision.
Applicant, Brennan McNamara spoke on behalf of the applicant. Stated that they are interested in Tesla EV charging stations in the future.
Commissioners in favor of application.
Motion: Upon motion by Commissioner Krey, seconded by Commissioner Kamkar, the Planning Commission motioned to grant approval of Reso No. 4710 granting an approval of Conditional Use Permit to allow establishment of an approximately 40,000 square -foot health/fitness center with “Late Night Activities ,” and ancillary non-licenses temporary childcare services within an existing commercial building formally occupied by Bed, Bath, and Beyond, for property located at 515 E. Hamilton Avenue. File No.: PLN-2024-87, by the following roll call:
AYES: Krey, Fields, Ostrowski, Kamkar, Zisser,
NOES: None
ABSENT: Majewski, Buchbinder
ABSTAIN: None
Chair closed public hearing for a 5-minute break.
Chair opened public hearing.
4. PLN-2023-164 – 251 Llewellyn Avenue – (Resolution/Roll Call Vote) Public Hearing to consider the request of the PulteGroup, Inc. to allow the construction of a 108-unit housing development project, inclusive of 18 detached single-family homes and 90 townhome-style condominium units across 12 buildings with associated site improvements, including an 8-foot sound wall; creation of 30 residential lots, 12 common lots, and related public and private easements; and use of Density Bonus Law waivers and a concession from the Zoning Code and Multi-Family Development Design Standards (MFDDS), on property located at 251 Llewellyn Avenue. The application(s) under consideration includes a Major Housing Development Project Permit and Tentative Vesting Subdivision Map, with use of Density Bonus Law (DBL) submitted under an SB -330 preliminary application filed in
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compliance with Government Code § 65941.1. File No.: PLN-2023-164. Staff is recommending that this item be deemed Exempt from CEQA pursuant to § 15183 (Projects Consistent with a Community Plan or Zoning ), including partial reliance on a previously certified Program EIR per § 15168 . Tentative City Council Date: July 16, 2024. Project Planner: Daniel Fama, Senior Planner.
Recommended Action: Adopt a Resolution recommending that the City Council approve a Major Housing Development Project Permit and Tentative Vesting Subdivision Map with use of Density Bonus waivers and a concession.
Senior Planner Daniel Fama presented staff report to consider the request of the PulteGroup, Inc. to allow the construction of a 108 -unit housing development project, inclusive of 18 detached single -family homes and 90 townhome -style condominium units across 12 buildings with associated site improvements, including an 8 -foot sound wall; creation of 30 residential lots, 12 common lots, and related public and private easements; and use of Density Bonus Law waivers and a concession from the Zoning Code and Multi- Family Development Design Standards (MFDDS), on property located at 251 Llewellyn Avenue.
Commissioners were informed by Senior Planner Fama that a project application of more than 5 acres requires Planning Commission and City Council consideration due t o its size and potential impacts. This application would also be the City ’s first application to be approved through a public venue that went through the Multi-Family Development Design Standards (MFDDS).
Senior Planner Fama shared with the Planning Commission that the project was particularly challenging because it would incorporate boulevards and alleys all in one.
Commissioners received clarification from Senior Planner Fama that if there are traffic concerns in the future, the community can look into traffic calming measures with the City.
Senior Planner Fama informed the Planning Commission that in order for the city to meet state housing mandates , buildings being built will need to be taller and tighter. Density bonus law is exceedingly powerful. The project being proposed could have been substantially denser than what is being presented.
Applicant, Jim Sullivan, spoke and stated that at one point the plans showed lesser units.
Staff expressed interest in increasing the number units to help meet state goals. The application requested for 22 waivers which accounts for about 5-6% of the total number of requirements from the MFDDS. The applicant feels comfortable with the proposed project as the City conducted a large EIR on all of the proposed Housing Sites, the proposed site was included in the review. Applicant also informed the Planning Commission that there will be no trash pick-ups on Llewellyn or Latimer.
Steven Saunders, member of the public, spoke and asked for a change of the site plans .
Would like to see a four-way intersection at King Court. Believes a four-way intersection would help avoid issues.
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Attachment: PC Meeting Minutes (June 25, 2024) (PLN-2023-164 – 251 Llewellyn Avenue) Campbell Planning Commission Meeting Minutes – June 25, 2024 Page 6 of 8
Doug King, board member of the HOA in th e neighborhood shared his concerns about parking in the neighborhood. Recommends that the applicant consider installing a roundabout. Saddened to hear that the trees will be cut down.
John Field , member o f the public shared that he has a real concern with traffic at the intersection of Llewelyn and Latimer and the potential traffic issues with Llewellyn and Hamilton. Shared concerns about the projects impact to the community and the change it would cause to the general feel of the neighborhood.
Don Taylor, Executive Dir ector of Pacific Clinics, spoke and stated that they had been working with the City and the applicant on developing the best approach. Pacific Clinics is a Behavioral Health and Foster Care organization.
SD, member of the public spoke and wanted to echo community concerns regarding congestion and traffic. Expressed concern with there not being through traffic to San Tomas expressway from the proposed site and that the amount of traffic generated from the development of the project would create a safety issue for pedestrians Vern Anderson, neighbor, expressed safety concerns for pedestrians and would rather see single-family development instead of multi-family development.
Chris, neighbor, spoked and stated that they purchased a home a year ago. Would like to see a lower density development being built. Not looking forward to construction occurring for several years in the neighborhood.
Neighbor, spoke and stated th at there are issues with parking. Concerned about dust and possible toxins. Would like to know when construction would start. Concerned about parking overflow.
Doug King, spoke, and stated that people have to park far away and that there is currently parking crisis in the neighborhood.
Applicant Jim Sullivan, spoke and replied to public concerns . Shared that the traffic consultant, Hexagon, did a traffic study to improve the traffic flow. Stated that they plan on relocating the stop sign on Llewellyn. Recognize there are outstanding trees on site but plan to replant 332 trees. Tree replacement ratio is 4:1 . Wiling to work with City on the traffic related matters.
Senior Planner Fama informed the Planning Commission that the project does not require a traffic study analysis and what was conducted was a traffic safety analysis. Traffic is not a substantial impact consideration, per state law, as it used to be in the past. If it’s consistent with the general plan it’s exempt from traditional VMT. Informed Commissioners that a site this large calls for throughfares, something that looks like public streets. Project was in fact redesigned to add a walkway allow for better pedestrian mobility. Units face the walkway whereas before front doors used to face the alley and not the walkway.
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Applicant informed the Commissioner that the development will be governed by CC&R, that garage spaces will be used by residents and that g uests spaces will not be allowed to be used by residents.
Senior Planner Fama informed the Commissioners that the applicant is fully compliant in regard to parking, that a pedestrian ramp will be installed to allow for pedestrian access across Llewellyn, and that the community can look at traffic calming measures in the future.
Planning Commission was informed that the park on site will not be open to the public.
Roger Storz, Public Works E ngineer, informed Commissioner s that the project meets stormwater requirements and standards.
Chair closed public comment.
Commissioners acknowledged the valid concerns from the community and understand why the surrounding neighborhood has concerns about the proposed density but are comfortable with how walkability, traffic, and parking was assessed. As such the Commissioners feel that the design was thoughtful and the plan put forth is the best plan for the City. This development application will help the City of Campbell reach its housing goals and trusts the developer.
Motion: Upon motion by Commissioner Krey, seconded by Commissioner Ostrowski, the Planning Commission motioned to grant approval of Reso No. 4711 granting approval of a Major Housing Development Project Permit with use of Density Bonus Law (DBL) waivers and a concession from the zoning code and Multi - family Development and Design Standards (MFDDS) to allow construction of a 108-unit housing development project, inclusive of 18 detached single-family homes and 90 townhome -style condominium units across 12 buildings, with associated site and landscaping improvements; and a tentative vesting subdivision map to allow creation of 30 residential lots, 12 common lots, and related public and private easements, on property located at 251 Llewellyn Avenue. File no.: PLN-2023-164, by the following roll call:
AYES: Krey, Fields, Ostrowski, Kamkar, Zisser,
NOES: None
ABSENT: Majewski, Buchbinder
ABSTAIN: None
REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
Director Eastwood communicated that the FY 2025 budget was adopted and would present work plan items in the upcoming Planning Commission meetings.
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Attachment: PC Meeting Minutes (June 25, 2024) (PLN-2023-164 – 251 Llewellyn Avenue) ITEM NO. 6
CITY OF CAMPBELL ∙ PLANNING COMMISSION
Staff Report ∙ May 14, 2024
File No(s):
PLN-2024-49
Study Session to discuss new state legislation and recent case law affecting the City’s regulation of housing development.
RECOMMENDATION
That the Planning Commission receive the report and seek clarification from staff as necessary.
PURPOSE
This Study Session provides an overview of recently adopted state legislation and published court decisions that affect how the City plans for and regulates new housing development proposals. The purpose of this item is to educate the Planning Commission on these issues as they will necessitate new amendments to the Zoning Ordinance for implementation and affect the City's regulatory oversight of housing projects.
DISCUSSION
The following discussion is focused on the following three topic areas: 1) Recent Cases Affecting State Density Bonus Law; 2) SB 684 (2023) - Streamlined Approval Processes); and 3) SB 4 (Housing on Faith & Higher Education Lands Act.
I. Recent Cases Affecting State Density Bonus Law
State Density Bonus Law (SDBL) ( Gov. Code Sec . 65915-65918) incentivizes the construction of affordable housing by allowing developers to add additional housing units in exchange for providing deed- restricted affordable housing units. Density Bonus projects are further incentivized through a reduction in parking standards, as well as through their eligibility for “concessions or incentives1” and “waivers2”.
While there have been several cases, and substantial guidance from HCD, related to the application of concessions/incentives and waivers under State Density Bonus Law, two of the more recent and significant cases which affect the way the city processes density bonus projects are summarized as follows:
1 “Concessions and incentives” are limited in number (i.e., a project providing 5% very-low-income units will qualify for 1 incentive) and may be used to allow for a reduction in development standards, approval of mixed-use zoning, and/or relief from other regulatory requirements that result in actual cost reductions. 2 “Waivers” are unlimited in number and may be used to remove development standards (i.e., height, setbacks) that have the effect of physically precluding the construction of the density bonus project.
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• Schreiber v. City of Los Angeles
Established that density bonus applicants are not required to demonstrate that “concessions or incentives” will lead to actual cost reductions.
o Result: Concessions are now presumed to result in cost reductions without the developer being required to provide any explanation. Instead, the City bears the burden of proof, based on a substantial evidence standard, that requested incentives do not result in actual cost reductions.
• Bankers Hill 150 v. City of San Diego
Established that density bonus projects are entitled to waive development standards that would prevent a project from being built “as designed”, even if the project could be redesigned to comply with the relevant standards.
o Result: Waivers may be used to alleviate density bonus projects from all development standards, including all “objective standards” such as those established by the City’s adopted Multi -Family Development and Design Standards.
Taking recent legal precedent into account, the following case studies on the practical application of State Density Bonus Law (SDBL) have been provided for reference:
Case Study #1: A State Density Bonus project has requested a “concession” to alleviate the City’s requirement to underground overhead utility lines. In certain areas of the project, however, the overhead utility lines conflict with providing safe aerial access for fire trucks.
Allowed by SDBL?: Partially. In this example, the City could only require the undergrounding of overhead utilities where in conflict with providing safe aerial access for fire trucks. In all other locations, a concession could be used to alleviate utility undergrounding requirements.
Case Study #2: A State Density Bonus project has requested the City to grant a “waiver” to eliminate the City’s requirement to provide commercial area on the ground-floor.
Allowed by SDBL?: Yes. Even if a City’s development standard is objective, a waiver may be used to alleviate the requirement if it would prevent the project from being built “as designed”.
Case Study #3: A State Density Bonus project has requested the City to grant a “waiver” to remove onsite trees, including tree species and sizes that are protected by City’s Tree Preservation Ordinance (i.e., redwood, oak, cedar, ash over 12- inches in diameter).
Allowed by SDBL?: Yes. The City’s requirement to preserve and/or protect onsite trees is a type of development standard, subject to a waiver.
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II. SB 684 - Streamlined App. Proc. (Gov. Code 65852.28, 65913.4.5, & 66499.41)
SB 684 (2023) entitled, “Streamlined Approval Processes: Development projects of 10 or fewer residential units on urban lots under 5 acres”, will require the City to ministerially consider (without a public hearing) applications for projects that meet the following criteria:
• Property Requirements:
o The lot is not larger than 5 acres;
o The lot is zoned for multifamily residential development; o The lot is substantially surrounded by qualified urban uses; o The lot has not exercised the Ellis Act in the past 15-years; and o The lot is not in a flood zone, fire hazard area, earthquake zone, etc.
• Project Requirements:
o Results in ≤ 10 lots
o Results in ≤ 10 units
o Does not demolish or alter any of the following housing types:
Units restricted to low, very-low, extremely low-income levels; Units subject to any form of local rent or price control; or Units occupied by tenants within the past 5 years.
• Density Requirements:
o May result in ≤ 30 units/acre; and
o Based on Designation as a Housing Opportunity Site:
If designated: The project will result in at least as many total units and as many low- and very low- income units as
projected by the Housing Element for the parcel.
If not designated: The project will result in at least as many units as the maximum allowable density for the parcel.
• Development Standard Requirements:
o Meets all applicable objective standards that do not:
o Prohibit the creation of lots that are 600 sq. ft. or larger. o Impose floor area ratio standards less than any of the following:
3- 7 units: 1.0 FAR
8 to 10 units: 1.25 FAR
o Impose minimum parking requirements that exceed the following:
1 space per unit; or
0 spaces per unit (when located within ½ mile of major transit stop or high-quality transit corridor, or within one block of a car share vehicle)
o Impose setbacks inconsistent with the following:
Side or rear setbacks >4 feet from the original lot line(s) Any setback between buildings except as required in the California Building Code
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Figure 2: Map of Properties Potentially Affected by SB 684 (2023)
As the subject sections of the government code will become operative on July 1, 2024, staff intends to prepare an Interim (a.k.a. “Urgency”) Ordinance (consistent with CMC 21.60.090 and Government Code Section 65858) for review and approval by the City Council in June 2024, until such time more permanent standards can be considered as part of a more comprehensive update to the City’s adopted Multi-Family Development and Design Standards.
III. SB 4 - Housing on Faith & Higher Ed. Lands Act (Gov. Code section 65913.16)
SB 4 (2023), entitled the “Housing on Faith and Higher Education Lands Act” will require the City to ministerially consider (without a public hearing) applications for projects that meet the following criteria:
• Property Requirements:
o L ocated on land owned on or before January 1, 2024, by a “qualifying” faith-based or higher educational institution.
• Project Requirements:
o 100% affordable (Up to 20% moderate with the remainder reserved
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for lower income; excepting manager unit)
• Density Requirements:
o If located in a zone that allows residential uses:
T he greater of the density allowed by the land use designation or 30 units/acre.
o If located in a zone that does not allow residential uses:
The greater of the density allowed on an adjoining parcel or 40 units/acre.
• Development Standard Requirements:
Building Height: The greater of one-story above the
maximum building height allowed on the parcel or the
maximum building height allowed on an adjoining parcel.
• Use Requirements:
o Proposes residential uses; and/or
o A ncillary uses on the ground floor of the following zones:
• Single-Family Zones: Childcare centers and facilities operated by community-based organizations.
• Other Zones: Commercial uses permitted without a
Conditional Use Permit
• Additional Requirements:
o Housing Crisis Act unit replacement requirements apply o Location restrictions near industrial uses
o Site must meet SB 35 requirements
o Must pay prevailing wage
o Must satisfy parking requirements at outlined in the bill o Streamlining (shortened review process for determination of consistency and design review)
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Figure 2: Map of Properties Potentially Affected by SB 4 (2023)
As the subject sections of the government code will become operative on July 1, 2024, staff separately intends to prepare an Interim (a.k.a. “Urgency”) Ordinance for review and approval by the City Council in June 2024, until such time more permanent standards can be considered as part of a more comprehensive update to the City’s adopted Multi-Family Development and Design Standards.
CONCLUSION
The legislation and case law noted in this report have significant implications for the review and processing of new housing development projects . Rather than focus on the application of the law on a project -by-project basis, staff will intend to provide legislative briefings or summaries on an- needed basis as new bills, case law, and guidance from HCD are provided.
Prepared by: _________________________________
Stephen Rose, Senior Planner
Approved by: _________________________________
Rob Eastwood, AICP, Community Development Director
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Attachment: Planning Commission Staff Report, dated May 14, 2024 (PLN-2023-164 – 251 Llewellyn Avenue)
CITY OF CAMPBELL
Community Development Department
70 North First Street • Campbell, CA 95008-1423 • TEL (408) 866-2140 • FAX (408) 866-5140 • E-MAIL [email protected]
via electronic mail
October 20, 2023
Shane Adrian
Civil Engineering Associates
28 Railway Ave
Campbell, CA 95008
Re: File No: PLN-2023-164
Address: 251 Llewellyn Avenue
Application: Major Housing Development Project Permit, Tentative Vesting Subdivision Map, Tree Removal Permit, and Density Bonus
Status: Incomplete (1)
Dear Mr. Adrian,
Thank you for your September 21, 2023, submittal of the above applications for a Major Housing Development Project Permit, Tentative Vesting Subdivision Map, Tree Removal Permit, and Density Bonus , to allow a 106 residential unit housing development project consisting of 18 detached townhomes and 88 townhome-style condominium units across 12 buildings, on the above referenced property. This application was accepted pursuant to Preliminary Application File No.
PLN-2023-77 submitted on June 21, 2023, in compliance with Government Code § 65941.1 ("SB- 330").
Based on a review of the application materials, the Campbell Municipal Code (CMC) , Multi- Family Development and Design Standards (MFDDS) , and the Housing Development Projects Application Ch ecklist your application has been deemed incomplete, pursuant to CMC Sec.
21.38.040, and California Permit Streamlining Act . The f ollowing additional information and revisions to the applications materials are needed in order to continue processing of this application:
PART I – APPLICATION CHECKLIST COMPLIANCE
The following identifies the Project Plan Sheets and additional Application Materials required by the Housing Development Projects Application Checklist that are either inadequate, in that they lack some of the required information specified by the Checklist or were not provided at all. Please note that revisions to the Project Plan Sheets and/or provision of the required additional Project Plan Sheets will result in additional compliance notes (see Part II of this letter) in the next round of review since most standards cannot be adequately evaluated without the required additional information.
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Missing Project Plan Sheets
The following Project Plan Sheets, as required by the Housing Development Projects Application Checklist, were not included. Provide these sheets with the revised submittal.
1. Streetscape Drawing (Checklist Item #18): Include a Streetscape Drawing sheet illustrating in color, to scale, the proposed buildings, and adjacent buildings on properties on either side as viewed from the public street.
Note: This sheet may be limited to Llewellyn Avenue.
2. Alternative Site Configuration Exhibit (Checklist Item #24): Include alternative site plan exhibits/sheets as necessary to demonstrate that removal of protected trees is warranted even after exhausting all alternative site configurations and adjustments permitted under MFDDS Chapter 9 (Adjustment to Standards) in that the development (e.g., buildings, driveways, stormwater area, or sewer/underground services) would still conflict w ith the critical root zone of the tree(s).
Note: Please see the enclosed email from Senior Planner Stephen Rose to James Sullivan, providing suggestions as to how this requirement may be satisfied.
3. Parking Plan (Checklist Item # 32): Include a Parking Plan sheet indicating a numbered label for each parking stall and broken into shaded/colored zones identifying the associated use (e.g., guest, accessible, EV, etc.).
4. Construction Staging Plan (Checklist Item #35): Include a Construction/Staging Plan sheet depicting a proposed truck route map showing types of construction equipment to be used, routing of construction vehicles, staging areas, construction fencing, and on -site construction worker parking.
5. Photometric Plan (Checklist Item # 30: Include photometric plan that illustrates the illuminance levels of the proposed lighting fixtures in foot -candles, in compliance with Campbell Lighting Design Standards and MFDDS § 4.030.3.
Inadequate Project Plan Sheets
The following Project Plan Sheet are lacking the required information as specified by the Housing Development Projects Application Checklist . Provide the required information with the revised submittal.
6. Coversheet (Checklist Item #1): The following revisions are required to the Cover Sheet:
a. Correct the following on the 'Project Data Summary Table':
(1) Revise the ' Existing Zoning' designation to MDR (Medium Density Residential)'.
(2) Delete the 'Proposed Zoning' line as this project does not include a zoning change.
(3) Provide a 'General Plan Land Use Designation' value of Medium Density Residential (18-25 Units/Gr. Acre).
b. Correct the following on the Building Summary Tables:
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(1) Correct the appearance of the tables, the resolution is not sufficient for full legibility.
(2) Provide Building Height values (maximum, floor-to-floor, plate/eave) for each building type.
(3) Identify Building Setbacks (all sides and all floors) for all buildings, per design site, as measured to design site lines.
7. Walkable Neighborhood Plan (Checklist Item #2): The following revisions are required to the Walkable Neighborhood Plan (WNBP), consistent with MFDDS § 3.020:
a. Identify the scale of the plan sheet (e.g., ¼” = 1’ or 1” = 20’).
b. On Sheet C2.0, identify the existing and proposed blocks within the project site and a 1,500-ft radius of the development boundaries. This may be accomplished by depicting the roadway casings of adjacent public streets and the WNBP from sheet C2.1, so that the relationshi p between the project site and abutting street network may be understood, as illustrated, below:
c. Correct the following on Sheet C2.1:
(1) Identify the overall boundary of the proposed development (i.e ., "Project Area"), inclusive of the blocks and the "large site open space(s)". (2) Identify the block perimeter dimension for each block (this may be indicated below the legend).
(3) Identify the area of "open space" that is being designated as a "thoroughfare" to delineate the blocks.
(4) Remove setback notations and design site dimensions as these elements are not components of the Walkable Neighborhood Plan and instead are required on the Development Site Plan.
(5) Identify the walkways in the legend, which should separately delineate common walkways, private walkways, and publicly accessible walkways (those that leads to the "large site open space").
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(6) Identify the "alleys" either on the plan or in the legend. (7) Identify the "frontage types" for each building type/design site.
8. Civil Improvements Legend and Abbreviations: Update this sheet to indicate additional line usage for elements required by Comment #10, such as design site lines and fence lines.
9. Tree Removal and Protection Plan ( Checklist Items # 21 and #22 ): Include an itemized table identifying each tree by number, species (common and scientific names) and size (diameter measured four feet above grade), and whether it will be retained or removed.
10. Development Site Plan ( Checklist Item #5): The following revisions are requi red to the Development Site Plan:
Note: Due to the detailed level of information required and the scope of the project site, it advised to separate the Development Site Plan across at least two separate sheets, while, however, still retaining the overall Site Plan for context. a. Rename this sheet to 'Development Site Plan,' consistent with the Checklist. b. Identify the scale of the plan sheet (e.g., ¼” = 1’ or 1” = 20’). c. Identify new property line dimensions, and distance from centerline of adjacent street(s) to property line(s);
d. Depict and identify each design site boundar y such that each design site is clearly delineated, including dimensions, and measurements from the design site l ines to exterior property lines (as applicable).
e. Identify required and/or existing public improvements (curb, gutter, sidewalks, ramps, street trees, public fire hydrants, bus stops, concrete bus pads, etc.) dimensioned from street center-line, as noted in the enclosed Public Works Department comment sheet. f. Remove the interior floorplan lines , as they are not identified element of the Development Site Plan and clutter the drawing.
g. For each building, more clearly delineate exterior elements that extend beyon d the primary walls, such as eaves, porches, patios, etc.
h. Provide setbacks lines/dimensions from all design site lines (not property lines) to each building façade(s), private frontage element(s), and massing feature(s) , including allowable encroachments f or private frontage types and architectural features (per MFDDS § 3.070.6.
i. Provide setback lines/dimensions from surface parking stalls to the public right-of-way. j. Provide depiction of the required "façade zone" (the area between the minimum and maximum setback lines), and the portion of each building(s) within each design site, located within the "façade zone".
Note: This requires identification of the front, side, street-side, and rear design site lines for each design site, as per the definition of "Design Site Line" provided in MFDDS §
10.020 (please see Comment #34).
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k. Depict the passageways/walkways within the project site, indicating "typical" width dimensions throughout.
l. More clearly depict the driveways leading to each unit, providing "typical" depth and width dimensions.
m. Identify the surfacing material for the alleys, driveways, parking stalls and passageways/walkways.
n. Provide " typical" dimensions for the parking stalls including accessible and van - accessible stalls (with loading areas), electric vehicle parking stalls, "clean-air" (CalGreen) vehicle parking stalls, motorcycle stalls.
o. Depict and identify wheel stops and vehicle "overhangs" (with dimensions indicating the extent of the overhang).
p. Provide "typical" dimensions for the 25 -ft vehicular backup distance (inclusive of the driveway + drive-aisle).
q. Identify bicycle racks and/or notation to the appropriate landscaping sheet where they may be otherwise depicted.
r. Identify the location, height and materials of all walls/fences, including retaining walls and landscape screen, with cross reference the site section detail s in the civil and/or landscaping sheet as they occur
s. Identify the l ocation and dimensions of mechanical and utility equipment, including transformers, backflow prevention devices, meters, ground -mounted air conditioners, fire hydrants, and lighting standards.
Note: You may provide notations to the appropriate civil sheet where these improvements are otherwise depicted.
t. More clearly identify the ge neral location of landscaped areas, including tree wells, islands, planters, with reference to the appropriate landscaping sheet for further details. u. Identify the depicted stormwater management facilities, with reference to the stormwater plan for further details.
11. Grading and Drainage Plan (Checklist Item #25): The following revisions are required to the Grading and Drainage Plan:
a. Identify the square-footage values of new impervious/pervious areas. b. Identify the maximum depth and volumes of cut and fill. c. Identify the existing a ctual (not assumed) grade throughout the site in (AMSL benchmarks), particularly at property lines so that new grade differentials can be understood.
12. Utility Plan (Checklist Item #27): The following revisions are required to the Utility Plan:
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a. Separately identify storm pipes conveying treated stormwater from the storm pipes conveying untreated stormwater to treatment facilities (as to avoid untreated stormwater going into the mains carrying only treated stormwater).
b. Identify and depict anticipated runs of new subsurface electrical utility service from existing utility pole(s).
Note: Pursuant to CMC Sec. 21.18.140.C, no new poles or ov erhead lines shall be allowed for this project, absent approval of a Variance application. If a new pole is required by PG&E, a written communication from PG&E staff will be required to substantiate a Variance request.
c. Identify the anticipated location o f any transformers (surface and/or subsurface) , including required PG&E clearances and/or protection (i.e., bollards) and required screening for above ground transformers (see MFDDS § 4.050.3).
13. Stormwater Management Plan (Checklist # 26): The following revisions are required to the Stormwater Management Plan:
a. Separately identify storm pipes conveying treated stormwater from the storm pipes conveying untreated stormwater to treatment facilities (as to avoid untreated stormwater going into the mains carrying only treated stormwater). b. Add the following note: "This project has submitted an SB 330 application prior to June 30, 2023. Therefore, the project is subject to MRP 2.0 requirements provided the project remains in compliance with the requirements of SB 330." c. Update the outflow pipe from TCM -10 to be farther upstream from the inlet – as to avoid any potential short circuiting of the stormwater as it goes through the treatment facility.
d. Update the detail for the Silva Cells to show the required bio -treatment soil cross section, as well as how stormwater enters and exits the Silva Cells.
14. Circulation and Access Plan (Checklist Item #29 and #39 ): The following revisions are required to the Circulation and Access Plan:
a. Rename this sheet to "Circulation and Accessibility Plan" so that it properly conveys its scope as both the required Circulation Plan and Accessibility Plan. b. Provide a note to declare to what accessibility standards this project is being designed (i.e. 2022 CBC Chapter 11A, 2022 CBC Chapter 11B, Fair Housing Act, etc.). c. Separately identify in a different line weight (or color) the accessible paths-of-travel from all accessible buildings and extending to the public right -of-way, accessible parking stalls, accessible loading areas , and "large site open space" park and the mailboxes.
d. Identify which buildings will satisfy the specific accessibility requirements listed in CBC Section 1102A.3.1.
Note: Accessible parking stalls shall be located on the shortest possible accessible route to an accessible building.
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e. Where an accessible path-of-travel crosses vehicle traffic lanes, identify the accessible route shall be designated and marked as a crosswalk. Show any required curb ramps, detectable warnings, and crosswalk markings on the Accessibility Plan.
15. Emergency Access Plan (Checklist Item #33): The following revisions are required to the Emergency Access Plan for compliance with the enclosed Fire District comment sheet:
a. Identify fire truck access routes (those areas of drive -aisle that "red -curbed" for no parking as a fire line).
b. Identify points of aerial and/or ground latter access for each building. c. Provide cross section showing where points of aerial and/or latter access would occur and how the fire department truck ladder would reach the required points of ingress/egress as applicable, such as:
16. Below Market Rate Plan ( Checklist Item #46) : Remove this sheet. The information regarding affordable housing is required as a separate Application Material exhibit.
17. Vesting Tentative Map (Checklist Item # 28): The following revisions are required to the Vesting Tentative Map:
a. Indicate that the map "For Condominium Purposes ," since the townhomes will be mapped as condominiums rather than fee simple parcels.
b. Provide a note indicating the number of condominium units, total and per lot. c. Provide a note indicating that the boundaries for the 18 residential lots are consistent with the boundaries of the design sites, as required by CMC Sec. 21.08.040. d. Provide a note that th e park will allow for public access , including the provisions specified in the "large site open space" definition per MFDDS § 10.020 e. Identify public access easement connecting the large site open space to Llewellyn and Latimer Avenues.
f. Revise the 'Existing Zoning' note to 'MDR (Medium Density Residential)'. g. Identify proposes names of the alleys (private street).
Note: Street names are subject to review and approval by the Police Department. h. Delete the 'Proposed Zoning' note as this project does not include a zoning change.
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18. Open Space Plan (Checklist Item # 6 ): The following revisions are required to the Open Space Plan:
a. Separately delineate the "large site open space," from the "common open space". If the corridor leading from Llewellyn Avenue is intended to be a "p assage" (rather than a "paseo" thoroughfare), separately identify it from the park ("green"). b. Provide a calculation that demonstrates that the area of the "large site open space" will be a minimum of 10 percent of the net developable area (net lot area subtracting street/thoroughfare and alley rights-of-way).
c. Include "private open space" areas that are provided as balconies , separated from the ground-level open space.
19. Lighting Details (Checklist Item #30 ): Augment this sheet with detail drawings for the wall-mounted lighting fixtures on the townhome buildings.
20. Conceptual Sections (Checklist Item # 9): Only one cross section was provide d per building. Provide building cross sections taken from at least two (2) opposing sides indicating (1) existing grade height, (2) finished grade height, (3) finished floor height of each floor, (4) floor -to-floor height for each floor, (5) eave/parapet height for each floor, (6) and overall building wall, for each building type, expressed in both relative values (feet and inches) and elevation benchmark (AMSL) consistent with the grading and drainage plan; and also specifically depicting mechanical and elevator shafts and structural beams transversely and longitudinally, across the building.
21. Building Frontage Profile Section (Checklist Item #10) : Revise the to include Building Frontage Profile Section s for each buildin g of the same design site configuration providing a side section view of the front of the building indicating the minimum setback line, adjacent design site line or property line, distance from the minimum setback line to the design site line or property line, depth of the frontage feature, exte nt of the frontage feature's encroachment into the setback, height of the frontage feature measured from finished grade and the finished floor of the adjacent building entry, finished floor height of the frontage feature, and finished floor height of the adjacent building entry.
22. Floor Plans (Checklist Item # 7): Provide specific values/calculations to demonstrate the depth and linear extent of ground-floor "ground-floor habitable space".
23. Elevations (Checklist Item #11): The following revisions are required to the Elevations a. Specifically illustrate and identify the vertical boundaries (base, middle, top) of the buildings (see MFDDS Figure 7.040.1).
b. Specifically identify the chosen "massing features" of the buildings, as applicable (see MFDDS § 7.050).
c. Specifically illustrate horizontal dimension values indicating the width, length, and depth for the overall building ("run"), module segments, bays, and individual units. d. Illustrate the electrical/telecom rooms on the side elevations. e. Show the railings that form the ground-level dooryards.
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f. Identify the specific manufacture and product number notations for all materials and colors, consistent with the color/material sheet.
g. Provide the height values in elevation benchmark (AMSL) consistent with the grading and drainage plan.
Note: Since the grades very per lot, you may provide a table such as the following on the elevation sheets:
h. Identify all "bird safe" features that have been incorporated into the building design, if applicable, including, screens, louvers, grilles, shutters, or bird -safe window patterns (see MFDDS § 7.080)
24. Isometric Massing Plan (Checklist Item #20): Revise the Isometric Massing renderings to dimensioned measurements (width, length, and depth) for each building's main body and individual façade segments (projecting and recessed plane s), sufficient to depict the "massing type" (MFDDS § 5.170). For clarify, these illustrations should be on separate sheets from the renderings.
25. Windows and Details (Checklist Item #13 and #17 ): The following revisions to the Windows and Details Sheets
a. Identify the specific manufacture and product number notations for all materials. b. Provide detail drawing(s) for the balcony assemblies. c. Identify the specific type of wood, metal, and stone material, consistent with MFDDS §7.060
26. Privacy Floor Plans (Checklist Item #31): Modify the plans to indicate to indicate the sill height and/or the angle of the window degrees, measured perpendicular to the adjacent of the side lot line, to demonstrate compliance with MFDDS § 7.070 for windows within 6 feet of an interior side lot line.
Missing Additional Required Application Materials
The following Additional Application Materials, as required by the Housing Development Projects Application Checklist, were not included. Provide these materials with the revised submittal.
27. Affordable Housing Plan (Checklist Item # 46): Provide an Affordable Housing Plan including the following components:
a. A site plan diagram depicting the location of the below-market-rate units; b. A table identifying the s pecific affordability level (e.g., "Low," "Moderate", etc.) for each of the offered BMR units . Consistent with, CMC Sec. 21.24.040.D , below, the project must provide 16 units, of which 7 must be "lower-come" units and remaining 9 shall be "moderate-income" units, which mut be "reasonably dispersed throughout the
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project and shall be comparable to the design of the market -rate units in terms of distribution of model types, number of bedrooms…" per CMC Sec. 21.24.040.C. c. A "Housing Incentives Request" of requested density bonuses, incentives, concessions, waivers, modifications of development standards, or reduced parking standards, as specified by CMC Sec. 21.20.040, including the following information:
(1) Any specific waiver (s) requests for the project, identifying the specific development standard that will be deviated from, citing the applicable CMC or MFDDS code section. For each requested waiver(s), indicate how adherence to the standard would have the effect of physically precluding the construction of a development at the densities or with the concessions or incentives permitted by Government Code Section 65915.
Note: Density Bonus project s are granted unlimited waivers to development standards, which are defined to inclu de "a site or construction condition, including, but not limited to, a height limitation, a setback requirement, a floor area ratio, an onsite open -space requirement, a minimum lot area per unit requirement, or a parking ratio that applies to a residential development pursuant to any ordinance, general plan element, specific plan, charter, or other local condition, law, policy, resolution, or regulation."
(2) Identify any specific concession(s) request s for the project, identifying the specific development standard or regulatory standard that will be deviated from, citing the applicable CMC or MFDDS code section . For each requested concession(s), identify the cost reduction that will result from the concession(s) Note: The provision of 7 "lower-income" and 9 "moderate-income" units allows the project one (1) concession.
(3) Indicate of the project proposes parking reduction pursuant to Government Code Section 65915(p), a table showing parking required by the zoning regulations and parking proposed under Section 65915(p).
28. Accessibility Review Letter (Checklist Item #48): Provide an Accessibility Review Letter prepared by a Certified Access Specialist (CASp) documenting the proposed project will comply with CBC Chapter 11B.
29. Fire Flow Letter (Checklist Item #47): Provide a Fire Flow Letter from SJWC identifying the water flow/discharge (GPM) and pressure (PSI) available to service the project site.
30. Utility "Will-Serve" Letters Utility (Checklist #57): Provide "Will-Serve" Letters from (1) West Valley Sanitation District, (2) San Jose Water Company, (3) Pacific Gas and Electric Company (PG&E), and West Valley Collection and Recycling.
PART II – CODE CONSISTENCY REVIEW
The following identifies specific deficiencies with objective development and design standards specified in the Campbell Municipal Code (CMC) and the Multi-Family Development and Design Standards (MFDDS). Please note that pursuant to Government Code § 65589.5 , the City is not obligated to identify such deficiencies until 30 days after the applica tion has been deemed
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complete. As such, the following comments constitute an initial assessment . Since significant revisions to the Project Plans will be required as specified by Section I, additional compliance notes will be provided in t he next round of review since most standards cannot be adequately evaluated without the required additional information.
31. Large Site Standards Compliance: Due to the subject property's size, this project is subject to the "large site" standards provided in MFDDS Chapter 8. To layout a "large site" project, these standards require preparation of a Wal kable Neighborhood Plan, as specified by MFDDS § 8.020. As a core concept, this requires a "ground-up" approach to the pl otting of the site plan that focuses on the creation of defined "blocks". However, the submitted project plans appear to be an iteration of the original 2021 pre-application plans that have been adapted to the MFDDS . Unfortunately, this app roach resulted in a site layout inconsistent with requirements of a Walkable Neighborhood Plan, as listed below.
2021 Pre-App Plans Current Plans
a. Creation of Blocks: A "large site" project must be broken up into distinct blocks that are delineated by use of either "throughfares" or "large site open spaces," as specified by MFDDS § 8.020.3.A(1) and as illustrated by MFDDS Fig. 8.020.3 (Steps 1 and 2).
Instead, the Walkable Neighbo rhood Plan largely relies on "alleys" and pedestrian walkways (those are as between townhome buildings) to layout th e sit e, which is inconsistent with these requirements , since block s can only be formed by "throughfares" or "large site open spaces".
To resolve this deficiency, the overall design approach must be reconsidered to focus on the creation of a compliant circulation network oriented around blocks. For example, the main drive-aisle along the northerly property line would need to be redesigned as a vehicular "throughfares" type, as illustrated by MFDDS Fig. 8.040.1 . Similarly, the walkway network would need to be replaced with a "paseo" pedestrian throughfares.
Note: When drawing out new blocks, please note that "throughfares" or "large site open spaces" exist outside of the blocks since they are defining elements. As su ch, the perimeter of blocks, for compliance with MFDDS § Table 8.020.A, should be measured to the outside of these elements, not to their centerline.
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b. Design Site Configuration: As specified by MFDDS § 8.040.5.A, design sites must "front onto" the pedestrian network formed by the Walkable Neighborhood P lan.
Multiple design sites encompass the adjacent circulation network features, rather than front onto them. As such, the boundaries of all design sites must be mutually exclusive of the adjacent "throughfares", "large site open spaces," and other walkway features. c. Passage. The above notwithstanding, it also appears that the Walkable Neighborhood Plan is creating blocks through use of the "passage" type "large site open space ", connecting from Llewellyn Avenue to the park area ("green"), which is permissible per MFDDS § 8.020.3.A(1). However, the "passage" is non-contiguous as it does directly cross at the first alley, and therefore fails to fully "extend" from the public sidewalk to the "large site open space " as required by MFDDS § 8.020.3.A(3), resulting in an exceedance of the otherwise applicable 150-ft maximum length limit. d. Large Site Open Space: The common park area—a "green" type of " large site open space"—is bounded by two townhome buildings/design sites on both sides. However, per MFDDS § 8.030.7(3), a " thoroughfare" must run along at least one side of the "green," so that the open space area may be visible from the interior of the development. e. Building Type Compliance : MFDDS § 8.020.3.C(1) indica tes that "where a zone requiring building types is mapped onto more than half of a new block (T3N, T4N.S, T4N.M, or T4N.L), the WNP shall maintain a mix of at least two different buil ding types within that block, using only the types allowed in the zone." Presently, the project only depicts the townhouse building type.
f. Frontage Type Compliance: MFDDS § 8.020.3.C(2) indicates "along each block face containing more than one building entrance, the WNP shall maintain a mix of at l east two different private frontage types…" Presently, the project notes that the townhouses are labelled with porches while the attached townhouses appear to have dooryards. At least two different frontage types are required per block face. g. Stormwater Management Type : MFDDS § 8.020.E(1)(b) identifies four allowable stormwater management methods. The proposed use of a Silva Cell treatment system is not one of the list treatment methods.
h. Sidewalks: MFDDS § 8.040.5.C requires "crosswalks where pedestrian paths intersect vehicular travel lanes ." As su ch, no walkway may terminate at a n alley without a crosswalk to a walkway on the other side . Further, MFDDS § 8.040.5.B requires sidewalks/walkways to be a minimum of 6-feet in width (sidewalks appear to be only 4-feet wide).
Note: MFDDS § 8.040.5 indicates that "the pedestrian network shall be composed of sidewalks (6' min. width), thoroughfares as provided in this Section, and/or large site open spaces as provided in Section 8.040." This reference to "sidewalks" allows for walkways that may be necessary to allow access to design sites located alongside large site open spaces or to provide pedestrian connectivity within "large site open spaces".
32. Building Type Compliance: As established by the depth and width requirement that apply "per townhouse" (MFDDS § 5.090.3)—which are illustrated by the dividing lines in the supporting graphic—each townhouse must be differentiated from each othe r in terms o f
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depth and width. In other words, there should be a shared wall running down the entire extent of each abutting townhouse to define each one within a given row.
Although, e ach townhouse may have two dwelling units in a "stacked" configuration (MFDDS § 5.090.2), such stacking must be in a vertical configuration where a "dwelling unit [is] situated immediately above or below another dwelling unit", as per the definition of "dwelling unit, stacked" (MFDDS § 10.020.D). However, the townhouse structures are not consistent with th is definition in that the some of the end unit s are configured in an intertwined manner where portions of the unit s are above/below as well as side-to-side from each other. This is an impermissible configuration that diverges from the definition of a "townhouse" building type. The buildings must be redesigned such that each dwelling unit is a distinct townhouse or where two dwelling units are in a singl e townhouse, one dwelling unit is fully atop another.
33. Design Site Depths: Per MFDDS § 3.050.3, the minimum depth of a townhouse design site is 85-feet, which can be reduced by 20 -ft—to 65-feet—when the rear of the design site adjoins a rear alley. Multiple design sites fall below this minimum.
34. Subdivision Configuration: CMC Sec. 21.080.040, Table 2-3 indicates that private parcels must be created consistent with the design sites. However, townhome parcels depicted on the tentative map expand beyond the design site to incorporate common areas as easements.
It will be necessary to revise the map such that parcel lines match to design site lines, such that the common areas outside of the design sites are placed within common lots.
35. Setbacks: The following setba cks deficiencies, as required by MFDDS § 3.050.5, have been identified. Please note that when correcting deficiencies and preparing the expanded setback table and depictions of "façade zone," as required by Comment #6(b)(3) and #22, respectively, it is necessary to accurately define the type of design sites, because each type has a different definition of "front," "side," and "rear". Please refer to the "Design Site Type" and "Design Site Line" provided in MFDDS § 10.020.D. a. Interior Side Setbacks: A minimum 5-ft minimum interior s ide setback is required.
The detached townhome unit design sites provide less than 5 -feet on one or both interior sides.
b. Front Setbacks: A minimum 15-ft front setback is required. It appears that multiple design sites fail to meet this standard. However, it is noted that these deficiencies may be the result of private frontage encroachments, which can be verified upon submittal of revised plans with enhanced plan details as required by Part I of this letter. c. Street-side Setbacks: Consistent with the definition "design site, corner," design sites located at the corner of intersecting "large site open spaces," such as design site # 2 6, are subject to a minimum 10-ft setback side street setback.
Note: This setback requirement will also apply to design sites located at the corner with a passages, consistent with MFDDS § 8.030.11.3
d. Parking Setback: MFDDS § 3.050.7 provides parking setback of 40-ft from front design site lines and 20-feet from side design site lines. The townhome garages are all within these setbacks.
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Attachment: Review Letter (PLN-2023-164 – 251 Llewellyn Avenue) PLN-2023-164 ~ 251 Llewellyn Avenue Page 14 of 16
70 North First Street • Campbell, CA 95008-1423 • TEL (408) 866-2140 • E-MAIL [email protected]
36. Architectural Standards: The following observations are noted with regard to the vario us standards provided in MFDDS Chapter 7:
a. Massing Element (§ 7.030.3.B): Buildings over 80 feet wide and up to 120 feet wide shall…include at least one of the massing features identified in Section 7.050 (Massing Features) on each elevation over 80 feet wide. Several of the attached townhouse buildings fall into this range and therefore are required to include a massing element (e.g., corner element, entry bay, etc.). A projecting volume or wall inset, if offset 3 feet and consistent with one of the allowed massing types, could be provided and satisfy this requirement.
b. Massing Type (§5.090.3): Townhouse building type may incorporate either side, center, or tw in gable massing type. However, the detached townhomes reflect an impermissible front gable massing type. The massing and roof forms of the attached townhouses do not fall into any of these simple categories, and instead have much more complex massing than required.
c. Base, Middle, Top (§ 7.040.3): All bui ldings must be divided into distinct "base, middle, top". Notwithstanding that the elevation plans fail to identify these elements (see Comment #23), it is visually evident that the buildings do not have these divisions.
For example, the townhomes have portions of façade that are entirely s tucco without any horizonal division and the base material is not distinct from the primary wall finish material of the middle.
d. Bay Composition (§ 7.040.5): The façade design was not informed by the allowable massing types and the bay composition standards. See MFDDS § 11.020.2.C and Fig.11.020.12 for guidance on how the two are intended to relate to each other. It is unclear whether any bays are wider than allowed (16') or whether any bay division s intersect openings.
e. Windows (§ 7.040.6). When placed within punched openings, all windows or window groupings shall be recessed at least 2 inches ; sills shall project from the wall finish surface by at least one and a half inches and extend beyond the sides of the opening by at least half of the sill height. Insufficient information was provided to demonstrate compliance.
f. Unit Depth (MFDDS § 5.090.3). The width of some of the townhome units (e.g., Plan 3) falls below the 16-feet minimum at some points.
37. Depth of Ground Floor Habitable Area: MFDDS § 3.050.5 requires each building to have 25-feet depth of "habitable space" (i.e., living area, not garage) across 80% of the building façade. Although this exact information is not provided on the floor plan s (see Comment #22), it appears that the placement of the gar ages will result in a less than the required "habitable space".
38. Driveway Separation: MFDDS § 4.040.4.D requires a minimum 50 -feet separation between driveways. The project proposes driveways less than 50-feet from each other.
39. ADU Readiness: CMC Sec. 21.23.090 requires that single-family residential subdivision resulting in five or more parcels provide for 20% of the new units to be designed to allow for future creation an interior ADU, accomplished through a floor plan configuratio n that
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Attachment: Review Letter (PLN-2023-164 – 251 Llewellyn Avenue) PLN-2023-164 ~ 251 Llewellyn Avenue Page 15 of 16
70 North First Street • Campbell, CA 95008-1423 • TEL (408) 866-2140 • E-MAIL [email protected]
allows for logical segmentation of a n ADU from the existing living area and pre - installation of electrical, domestic water, and sanitation utilities necessary to accommodate a future bathroom and kitchen to serve an accessory dwe lling unit. As the 18 detached townhomes are being mapped as fee simple lots, they constitute single-family residential subdivision for the purpose of this requirement. As such, four (4) of the 18 u nits must be ADU ready or incorporate an interior ADU, as depicted on the revised floor plans.
PART III – DENSITY BONUS WAIVERS AND CONCESSION(S)
The above notwithstanding, it is understood tha t correction of many of these deficiencies could have the effect of physically precluding the construction of the development at the permitte d density. As such, exercise of waivers under the projec t's Density Bonus request would be appropriate. If choosing to seek waivers, identify the specific standards (by MFDDS or CMC code section) and the extent of deviation, in the Affordable Housing Plan per Comment #27.
PART IV – ENVIRONMENTAL (CEQA) REVIEW
This application constitutes a "project" under Section 15378(a)(1) of the California Environmental Quality Act (CEQA) Guidelines . Although a traditional "infill" proposal, the application cannot be deemed "exempt" under CEQA utilizing the standard type 15332 infill exemption because it exceeds 5 acres. However, it may qualify for the expediated CEQA Streamlining for Urban Infill process (§15183.3), which allows the project to "tier" off the General Plan’s uniform performance standards. Staff will be preparing a bid request package for CEQA work on this project that will include preparation of a n Infill Environmental Checklist Form, Mitigated Negative Declaration, and supporting technical reports . As such, please do not submit any additional technical studies. Once a consultant has been identified, an invoice for the consultant's cost, the City's 20% administrative overhead, and 15% refundable contingency, will be provided.
Please be aware that State statutes and CMC Sec. 21.38.040 allow the City to require additional documentation necessary to conduct the environmental review after the project has been deemed complete. Additionally, if the CEQA review results in mitigation measures that affect the project design or layout, the measures will need to be incorporated into revised project plans and/or project description prior to scheduling of public meetings.
PART V – RESUBMITTAL REQUIRED
Please submit the revised Project Plans and Written Description with an itemized response letter electronically through the MyGovernmentOnline portal . Please note that once the nu mber of requested waivers is finalized, an invoice for additional fees will be due as the City's Master Fee Schedule provides for an ad ditional $474 charge for "each additional concession/waiver." If you have any questions or need assistance uploading your materials, please contact MyGovernmentOnline at (866) 957-3764.
PART VI – PERMIT EXPIRATION
Please be advised that development applications submitted under a SB -330 pre-application that are deemed incomplete must be resubmitted within ninety (90) calendar days after notification of incompleteness or the application shall be deemed withdrawn without refund of application fees in accordance with CMC Sec. 21.38.040.C. (Expiration of application).
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Attachment: Review Letter (PLN-2023-164 – 251 Llewellyn Avenue) PLN-2023-164 ~ 251 Llewellyn Avenue Page 16 of 16
70 North First Street • Campbell, CA 95008-1423 • TEL (408) 866-2140 • E-MAIL [email protected]
If you should have any questions, please feel free to contact me at (408) 866 -2193 or by email at [email protected]. Please submit the revised Project Plans and Written Description with an itemized response letter electronically through the MyGovernmentOnline portal.
Sincerely,
Daniel Fama,
Senior Planner
Encl: Stephen Rose Email
Comment Sheets
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Attachment: Affordable Housing Plan (PLN-2023-164 – 251 Llewellyn Avenue)
June 13th, 2024
Mr. Daniel Fama
City of Campbell
70 N. First Street
Campbell, CA 95008
RE: Project-Phasing Plan: 251 Llewellyn Avenue
Dear Daniel,
As discussed, we seek to phase the above referenced project, assuming it is approved, into two separate phases. As you are aware, the entire site (5.56 acres) has already received General Plan and Zoning approval, and our Tentative Map has a total of 108 residential units (90 attached and 18 detached), which is coming up for Planning Commission and City Council action.
Proposal and Timeline
This project proposal would allow Pulte to move forward immediately with the development of 70 attached townhomes and 18 detached units, on approximately 4.58 acres of the site. The following phase (Phase 2) would consist of 20 attached townhomes and sit on approximately .975 acres of land. It is anticipated that Phase 1 would begin construction in late summer/early fall of 2024, and that Phase 2 is expected to begin approximately eighteen (18) months thereafter. It is anticipated that operations of the “Intake Assessment Center” (on Phase 2), would remain running during the development of Phase 1.
Parking
Parking will be provided in each phase and will independently meet the City’s parking requirements.
Emergency Vehicle Access
The project’s overall private street circulation network will provide access that meets design standards set forth by the Santa Clara County Fire Department. Continuous access will be made
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Attachment: Phasing Plan (PLN-2023-164 – 251 Llewellyn Avenue)
available to the use on the Phase 2 parcel, and easements will be provided over the future private streets from Llewellyn and Latimer Avenue’s to the Phase 2 parcel.
Below Market Rate (BMR) Units
This project, after total buildout, will provide a total of 16 BMR units out of the planned 108 that will be built. The location of these units have been dispersed throughout the development in accordance with City policy. There are a total of 13 BMR units that will be constructed in Phase 1, and the additional 3 units will be built in Phase 2.
Construction Sequencing
Per the attachment, please see our desired location of model housing units as well as our proposed plan for construction sequencing (in Phase 1). It is anticipated that all units in Phase 2 would be built concurrently.
We appreciate your help with this process and look forward to working with the City towards the completion of the project.
Sincerely,
PULTE HOME COMPANY, LLC
Jennifer Vo
Vice President of Land Acquisition
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Attachment: Phasing Plan (PLN-2023-164 – 251 Llewellyn Avenue)
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Attachment: Phasing Plan (PLN-2023-164 – 251 Llewellyn Avenue)
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Attachment: Phasing Plan (PLN-2023-164 – 251 Llewellyn Avenue)
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Attachment: Phasing Plan (PLN-2023-164 – 251 Llewellyn Avenue) 1 Daniel Fama
From: allen ishibashi
Sent: Thursday, October 26, 2023 11:20 AM
To: Daniel Fama
Subject: 251 Llewellyn Ave Project
Hey Daniel,
I wanted to provide a little feedback from our 70 plus member neighborhood group that organized around this project.
1. Overall, the neighborhood group is very supportive of the proposed density and layout of the project (particularly the SFR along the perimeter of the development). The neighborhood group would not support a dditional density on the site (as I am sure you are aware).
2. We also compared the proposed parking ratio with the nearby Fairmeadow Townhome Development at the end of Latimer Avenue which is significantly under‐parked (as the residents often need to park outside of the development along Latimer so that street parki ng is already at capacity). The parking ratio at Fairmeadow development is around 1.8 vs 2.5 at the proposed development so we strongly support the proposed parking. However, we would like to see the 2 hr parking limit along the project side of Llewellyn Avenue (from Ki ngs Ct to Latmier) removed because it is not applicable for this project, and people should be able to park in front of their houses (we also want to prevent parking from the development spilling into the neighborhood).
3. Speaking from direct experience (and also talking with Todd Capurso who agrees) people drive way too fast down Latimer from (Winchester to Llewellyn) an
d down Hardy (from Campbell to Latimer) because a lot of people cut through the neighborhood to avoid Hamilton Avenue via these streets. Is it possible to add some traffic calming measures on these streets such as speed bumps because the added traffic fro m this development will be significant and it's a low cost mitigation?
4. Neighbors are also concerned with traffic backing‐up along the three‐way stop at Latimer and Llewellyn (backing up on Latimer) as a lot more people will be using this route when the development occurs via th e driveway on Latimer.
There is interest in a roundabout at this intersection to help reduce this issue or other alternatives to prevent issues.
Thank you for your time and consideration
Allen Ishibashi
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Attachment: Public Correspondence (PLN-2023-164 – 251 Llewellyn Avenue)
251 Llewellyn Ave • Campbell, CA 95008 • (408)379-3790 • www.PacificClinics.org
June 25, 2024
City Planning Commission
70 N. First Street
Campbell, CA 95008
RE: 251 Llewellyn Avenue
To the Chair and Members of the Planning Commission :
Speaking on behalf of the Property Owner (Pacific Clinics), we wish to wholeheartedly express our support for the above referenced project. As some of you may know, we have been waiting for over 3.5 years for this process to come to fruition. We are happy that our site will provide much needed housing for the community and our sale to the Pulte Group is important to our mission of continuing our much needed service to those who need it most.
Thank you in advance, and we ask that you please move forward with a positive recommendation to the City Council.
Sincerely,
Don Taylor
Regional Executive Director
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Attachment: Public Correspondence (PLN-2023-164 – 251 Llewellyn Avenue) 1 Daniel Fama
From: allen ishibashi
Sent: Monday, June 24, 2024 9:57 AM
To: Planning Division
Cc: Daniel Fama; Rob Eastwood
Subject: Item #4 251 Llewellyn Ave
Planning Commissioners,
My name is Allen Ishibashi and I live adjacent to the proposed housing development at 251 Llewellyn Avenue. Overall, my wife and I are supportive of the proposed project because it integrates well with the neighborhood (SFR along perimeter) and the density/parking seem reasonable. The only request that I have is for traffic calming (speed bumps) along W. Latimer and maybe Hardy Avenue, because people already use these streets as shortcuts to avoid Hamilton Avenue and the increased traffic associated with this development will make the situation worse.
You may recall that the neighborhood around this project was very vocal and active during the Housing Element and the General Plan regarding the density of this site. I helped organize the 70 plus neighbors that made comments during that period and the neighbors are happy with the current proposal.
Finally, as someone who has worked in local government myself for the last 17 years, I know that local government has a tendency to overcomplicate almost everything. I would strongly encourage the Commissioners to not overcomplicate this situation, and to recommend approval to the City Council without significant changes.
Thank you
Allen Ishibashi
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Attachment: Public Correspondence (PLN-2023-164 – 251 Llewellyn Avenue) 1 Daniel Fama
From: Carolyn Field
Sent: Monday, June 24, 2024 1:46 PM
To: Planning Division
Subject: FOR PUBLIC COMMENT ITEM NO. 4
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________________________________
Dear Planning Commissioners,
I am in support of this 108-unit housing development. At 20 units/acre versus the original designation of 30 units/acre for this parcel during the Housing Element process, this project is a better fit for the adjacent neighborhoods.
However, with the addition of potentially several hundred vehicles, I have concerns about traffic flow at the intersection of Hamilton and Llewellyn as well as accessibility of the US Post Office at that corner. I also have concerns about the intersection
at Latimer and Llewellyn, which is the only exit path available to the hundreds of residents who currently reside at the Fairmeadow Townhomes development.
Further, the increase of several hundred vehicles in such a concentrated area also presents a potential safety issue to pedestrians as well as residents on Latimer and Llewellyn trying to exit their driveways.
Lastly, while I understand there are forty two visitor parking stalls planned for within the development, there will still be street parking spillover onto the adjacent streets including Queens Court, Kings Court, Latimer, and the Cambridge Park community.
While I support the approval of this project, I hope that my traffic and parking concerns will be addressed.
Regards,
Carolyn Field
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Attachment: Public Correspondence (PLN-2023-164 – 251 Llewellyn Avenue) 1 Daniel Fama
From: Hari Shetty
Sent: Monday, June 24, 2024 3:18 PM
To: Planning Division
Cc: Daniel Fama
Subject: Objection to 108 unit Housing Project on 251 Llewellyn Ave Dear Sir/Madam,
My name is Hari Shetty. My wife and I own the home at 492 W. Latimer Ave, Campbell, CA 95008. We stand to be directly impacted by the proposed 108 unit Housing Project on 251 Llewellyn Ave.
I am writing to express my strong opposition to the proposed high-density housing project located at 251 Llwelyn Ave. As a resident of this community, I have significant concerns regarding the negative impact this development will have on our neighborhood, specifically in terms of increased traffic congestion, noise pollution, and overall strain on our local infrastructure.
Traffic Issues
The introduction of a high-density housing project will undoubtedly lead to a substantial increase in traffic. Our current roadways are already operating at or near capacity, particularly during peak hours.
The addition of potentially hundreds of new residents will exacerbate this situation, leading to longer commute times, increased risk of traffic accidents, and a general decline in road safety. The existing infrastructure is not equipped to handle such a surge in vehicle volume, and there are no current plans for necessary upgrades to support this influx. We already have parking challenges on Latimer Avenue as it is always full. This project will make it significantly worse.
High-Density Housing
High-density housing, while beneficial in some contexts, is not appropriate for our neighborhood, which is characterized by its suburban feel and lower-density residential areas. The proposed development is out of scale with the surrounding homes and would alter the character of our community. We do not have 3 storied housing in the community. High-density housing can also strain public services, such as schools, emergency services, and healthcare facilities, which are already stretched thin. Furthermore, the sudden increase in population density could lead to overcrowding in public spaces and reduce the overall quality of life for current residents.
Increased Noise Pollution
Noise pollution is another significant concern associated with high-density developments. The increase in the number of residents, vehicles, and general activity will inevitably lead to higher noise levels, which can be particularly disruptive in a quiet, residential area like ours. This increase in noise can have adverse effects on residents' health and well-being, including stress-related issues and sleep disturbances.
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Attachment: Public Correspondence (PLN-2023-164 – 251 Llewellyn Avenue) 2 I do not currently understand all the waivers (Density Bonus Law Waivers) that have been applied to this project.
Conclusion
While I understand the need for housing development to accommodate a growing population, it is crucial that such projects are planned and executed in a manner that is harmonious with the existing community. The proposed high-density housing project at 251 Llewlyn does not align with these principles and poses several risks and challenges that cannot be overlooked.
I urge the city planning department to reconsider this project and explore alternative solutions that would be more compatible with our community's needs and characteristics. Potential alternatives could include lower-density housing options or infrastructure improvements that would mitigate the adverse impacts on traffic and noise.
Thank you for considering my concerns. I am hopeful that the city planning department will take the necessary steps to ensure that any new development projects are beneficial to all members of our community.
Sincerely,
Hari Shetty
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Attachment: Public Correspondence (PLN-2023-164 – 251 Llewellyn Avenue) 1 Daniel Fama
From: Michael Stevens
Sent: Monday, June 24, 2024 12:09 PM
To: Planning Division
Subject: 251 Llewellyn Plans
WARNING: This email originated from an external sender! Please do not open attachments or click on links unless you are certain it is legitimate.
I live at 413 Queens Ct., directly across from the proposed development plan at 251 Llewellyn. I won’t be able to attend the 6/25 meeting in person, so I wanted to drop a quick note to tell you that we support the proposed plan. I was initially concerned that what was being proposed wouldn’t fit within the neighborhood, but I’m quite pleased with the current proposal (~108 units in that 5.5-acre site).
My only concern is the lack of overflow parking since these streets are fairly narrow (the recycling truck can’t even turn around in these courts if there’s a car parked on the street!). I’d ask the city to add some “no parking on trash day” (not verbatim, but you know what I mean) signs in the courts so overflow/overnight cars don’t prevent our streets from getting trash picked up on Wednesday mornings. Otherwise, I think this is a good plan.
Thanks for listening to the residents on this one. :-) Mike & Dana Stevens
Campbell, CA
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Attachment: Public Correspondence (PLN-2023-164 – 251 Llewellyn Avenue)
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Attachment: Public Correspondence (PLN-2023-164 – 251 Llewellyn Avenue)
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Attachment: Public Correspondence (PLN-2023-164 – 251 Llewellyn Avenue) Mu Qiao and Zhanlei Ye
266 Llewellyn Ave. Campbell CA 95008
06/25/2023
Subject: Formal Objection to Proposed 106-Unit Residential Housing Development at 251 Llewellyn Ave
Dear Daniel Fama,
We are writing to express our strong opposition to the proposed development project located at 251 Llewellyn Ave. Our family moved to Campbell with our young child several years ago. As a resident of Campbell, I am deeply concerned about the potential negative impacts this project will have on our community.
My primary concerns include:
1. Increased Traffic Load on Local Streets and Potential Safety Concerns for Nearby Residents: The proposed project will significantly increase the number of residents in the area, leading to a substantial rise in traffic. The proposed project introduces 106 units, which is 3X of the nearly existing neighborhood.
Our main streets (eg. San Tomas Expy) are already VERY congested during peak hours, and this development will exacerbate the problem, creating safety hazards and longer commute times for everyone, and devaluing Campbell community in general.
Llewellyn Ave is a small local street surrounded by many families with young children. The proposed project with 106 units will put a significant traffic pressure on the local streets, making them no-longer safe for children and families to walk around.
2. Environmental Impact: Development of such high density projects often results in the loss of open space and green areas, which are vital for our environment and quality of life. Over 20 protected trees would need to be removed for this project. Additionally, the increased traffic will contribute to air pollution and worsen our carbon footprint.
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Attachment: Public Correspondence (PLN-2023-164 – 251 Llewellyn Avenue) The project development itself will cause environmental damages to the neighborhood. Longlast noise and dust will pollute the local environment, leaving a negative impact on the health of local residents.
3. Neighborhood Character: The proposed project is out of scale with the existing character of our neighborhood, which consists primarily of single-family homes, with maximal 2 stories. The height and density of the new buildings will not only be visually jarring but also create shadows and block sunlight for neighboring properties.
4. Strain on Infrastructure: Our current infrastructure, including schools, public transportation, and utilities, is already operating at or near capacity. To name a few, activities hosted in the Campbell community center are often overbooked and have a long waiting list already.
The influx of new residents from this project will overwhelm these services, leading to overcrowded classrooms, delayed buses, and potential shortages in water and electricity.
5. Property Values: I am concerned that the increased density and potential negative impacts on our neighborhood's character will lead to a decline in property values, which would be a significant financial burden for homeowners like us.
We urge you to carefully consider these concerns and reject the proposed development project. I believe that alternative solutions, such as low-density, would be more appropriate for our community and better align with the needs and desires of its residents.
Thank you for your time and consideration of this important matter.
Sincerely,
Mu Qiao and Zhanlei Ye
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Attachment: Public Correspondence (PLN-2023-164 – 251 Llewellyn Avenue) 1 Daniel Fama
From: garima thakur
Sent: Tuesday, June 25, 2024 5:27 PM
To: Daniel Fama; Planning Division
Subject: Opposition to File#- PLN-2023-164, APN-305-17-017 Hi planning & Commission department,
We are residents of Campbell and live currently in 463 Queens Ct, Campbell, CA 95008. We are writing you to strongly object the construction or housing project proposed at 251 lewellyn Ave, Campbell.
The project will be right across the street from our single family home on Queens Ct and will affect us directly.
We recently moved to the area due to its prime location and quite was in the neighborhood. We think that the proposed project will not only be out of character with nearby single family homes but will bring high congestion, traffic and parking problems.
We have a small kid who loves to play around in the neighborhood as it is free from crime, traffic and noise. But this project will negatively affect that. The kids and parents will not feel safe as this project will also increase crime in the area.
The project is 3-storey one, this will block all the sunlight coming to our houses.
The density of the housing unit is quite large as compared to the overall area.
This will also adversely affect the home value of nearby houses including ours due close proximity to the proposed project.
If The city decides to go ahead with the project then it would destroy the small town community spirit of this area ( our prime reason to buy house here was the small town look and feel of the area) and also would force people to sell Their houses to move elsewhere.
Please we kindly request you to not destroy the spirit of this neighborhood a d hearts of people living in or around.
Yours Sincerely,
Garima & Nikhil sharma
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Attachment: Public Correspondence (PLN-2023-164 – 251 Llewellyn Avenue) 1 Daniel Fama
From: BWulff
Sent: Tuesday, June 25, 2024 6:16 PM
To: [email protected]; Daniel Fama
Subject: 251 Llewellyn Development
Mr. Fama,
Please address the following comments and include them in record for the 251 Llewellyn project.
The height of the condos are much higher than the neighbors, therefore:
1. Investigate placing the 1st floor garage a few feet underground and keep the maximum height of the condos the same as the current buildings on the site.
2. Can the builder/developer make the 3rd floor condo windows less intrusive on the neighbors by making them smaller and higher so they will not be looking into the neighbors’ windows.
3. Investigate reducing the height of the condos by shrinking the height of 1st and 3rd floors.
Regarding the published plan/package:
4. View SS.2 and Sheet C12.0 (Civil Improvements Alternative Site Plan) are inconsistent with the rest of the package and should be removed from the package completely to ensure the builder/developer cannot later argue that it was part of an approved plan.
General
5. Will the neighbors be able to comment on the construction phase in the future, since it will be very noisy and disruptive?
Brian Wulff
518 Cherry Blossom Av
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Attachment: Public Correspondence (PLN-2023-164 – 251 Llewellyn Avenue) 1 Daniel Fama
From: Aparna Venkatesh
Sent: Tuesday, June 25, 2024 10:50 PM
To: Daniel Fama
Cc: Planning Division
Subject: File PLN-2023-164 : APN 305-17-017
Dear Commission,
We are homeowners and residents of 475, Queens Ct, Campbell 95008 are writing to strongly object to the proposed project at 251, Llewellyn Avenue. This project is right next to my home and thus would greatly affect in a major way because of the immediate proximity.
We learnt it is a 3 story building and there are no homes similar to their style and this will greatly affect us in preventing natural light and air flow. This will also take away the quiet town like feeling making it more commercial, busy and erratic.
This is going to create dust pollution before and during construction and we have kids and families with ailments. This will also increase noise pollution. 108 Units will increase the traffic terribly and nearby parking places will be invaded. It will no longer be a calm neighborhood that is existing today. Our kids cannot play / chat / ride bikes in the cul-de- sac. Safety becomes a question for the younger kids.
Water, power and drainage issues will add and this is going to be a hassle for the existing neighborhood. Our place is right next to this and a 3 story home is going to invade our privacy. We cannot dwell in our own homes at peace. We cannot enjoy our summer evenings, spend time gardening or swim freely in our backyards. Our bedrooms facing the 108 units will also face the same issue and we have young teenagers there and this sounds risky posing safety issues.
I highly request you to please consider this because every person needs to live at peace in this world in his own home. A home is the most secure and the most safest place for any human (or even for an animal or bird). If that is not the case, I don't know what else to say but to move out. Selling a beautiful loving home that is full of memories is the most painful for anyone and I am sad that it is happening for the sake of someone else's business.
Kindly Please re-consider this.
Regards,
Aparna
#475 Queens Ct
Campbell 95008
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Attachment: Public Correspondence (PLN-2023-164 – 251 Llewellyn Avenue) 1 Daniel Fama
From: Donna Gornitzka
Sent: Tuesday, June 25, 2024 7:51 PM
To: Daniel Fama
Subject: 251 Llewellyn Ave project
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Dear Commission, I request that the council not approve the recent proposal for the 106 housing unit. I am a resident at 414 Queens Court. I understand that some housing will be built on this 5.5 acre piece of land but would like the project to be scaled down to something more fitting with less impact to this neighborhood. 106 units is just too many for a 5.5 acre piece of land. Thank you, Donna Gornitzka Sent from my iPhone
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Attachment: Public Correspondence (PLN-2023-164 – 251 Llewellyn Avenue) 1 Daniel Fama
From: Pete Young
Sent: Friday, June 28, 2024 5:35 PM
To: Daniel Fama
Subject: Inadequate Notice of Public Hearing
Daniel Fama,
I am writing this email to inform you that adequate care was not exercised in performing your duty to inform
interested parties directly adjacent to a proposed
project at 251 Llewellyn Avenue about a meeting that
was scheduled to be held on June 25, 2024 by the
planning commission. I did not receive in my mailbox
until June 27 your notice of public hearing regarding
file number: PLN-2023-164. Despite walking
down Llewellyn Ave almost everyday, sometimes
multiple times, and being on the lookout for signs
alerting neighbors about possible actions being
considered by the city and the property owners, I have
not seen recent signage posted in front of the 251
Llewellyn address warning neighbors of an upcoming
deadline for them to ask questions about potentially
troubling features of the proposal. I am certain the
developers at Pulte Corporation and the planning
commission have had plenty of time to plan and
influence how this project will look and affect the
neighborhood.
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Attachment: Public Correspondence (PLN-2023-164 – 251 Llewellyn Avenue) 2 I have yet to review the video of the planning
commission meeting that I was not able to attend and
provide thoughtful and fair comments at because
adequate care was not taken to allow me to prepare and
attend that highly important event. I can think of many measures that should have been taken, but were not,
that could have ensured that others with vested
interests could have participated in this vital process.
I expect to see the video of the meeting sometime in the next few days. Perhaps all of my concerns were
addressed, but somehow I doubt that. I am sure that
there are at least some members of city government
that actually want to hear from concerned neighbors,
who would be troubled to learn that neighbors directly
adjacent to the property did not attend the meeting
because in fact you did not do your due diligence to
inform neighbors. This is not the first time members of the Cambridge Park community were not adequately
informed about a project adjacent to their properties. I raised similar concerns a couple of years ago when the
spinal surgical center next door to our neighborhood
proposed changes to the city and a meeting was held
with poor communication before that meeting too. This
latest project proposed by Pulte is another story
entirely. Given the large scale of the project, the
requests to largely change zoning and the obviously
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Attachment: Public Correspondence (PLN-2023-164 – 251 Llewellyn Avenue) 3 large and complex impact it would have upon the
neighborhood, especially to the 11 homes directly
adjacent, including my own, great caution should have
been taken to ensure all property owners rights would
be protected. I spent a lot of money on my home and
raised my children it. I would not have purchased my
home over 20 years ago if I thought I might be treated
one day in such a manner. I hope I have made myself
abundantly clear and that you are now more able to
care about me and my neighbors and less about the
Pulte Corporation and your desire to quickly create
higher density housing.
In the coming days I think you will find that I am a
thoughtful, kind and reasonable person. Far from being
a NIMBY, I previously supported and advocated for the
change of planning that allowed the “open all night”
emergency crisis center built several years ago directly behind my house. I welcome higher density housing,
even next door to my home. I am encouraged by what I
have seen done at the Penny Lane project nearby. I have no doubt 106 homes with gardens, adequate parking
and a small park can fit into the parcel next door to our home, but I want to be included in the process and I
think you should welcome citizens like me. Our laws are set up so that we are.
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Attachment: Public Correspondence (PLN-2023-164 – 251 Llewellyn Avenue) 4 After watching the video of the meeting I will send you my comments which I expect to be centered around, but
not limited to, the security, privacy and comfort of our home. Without knowing as of yet the details about the
project, other than what I could see in the late arriving public hearing notice, I want to be sure that you took
seriously concerns about these things and others more
specifically, for example, air, noise and light pollution created potentially by allowing cars to be parked too
close to backyards and bedroom windows (Campbell
approved and allowed the same Pulte Corporation to
build homes adjacent to 251 Llewellyn where the space
between backyard fences shared with 251 Llewellyn
and that of its neighbors is less than 11 and a half feet from homes and windows adjacent to the planned new
project. Perhaps part of what made that small of a
backyard acceptable back then was because there were
plantings on the other side of the shared fence and a
small private road between our homes and the business
and its parking and lighting behind us). Other concerns off the top of my head would include, positioning of
windows looking directly into backyards, blocking of
mountain views, potential noise of garage doors
squeaking and banging shut at all hours if allowed to be placed too close to previously existing homes.
Sincerely,
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Attachment: Public Correspondence (PLN-2023-164 – 251 Llewellyn Avenue) 5 Peter Young
536 Cherry Blossom Lane
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Attachment: Public Correspondence (PLN-2023-164 – 251 Llewellyn Avenue)
City
Council
Report
TITLE: Lighting and Landscaping District LLA -1, Fiscal Year 2024 -25 - Confirming Assessments (Resolution/Roll Call Vote)
RECOMMENDED ACTION
That the City Council adopt a resolution overruling protests, if any, approving the Engineer's Report, ordering the improvements, and confirming the diagram and assessments.
BACKGROUND
On April 2, 2024, pursuant to City Council Resolution No. 5831 approving the formation of the city -wide City of Campbell Lighting District LLA -1 (LLA-1) and the Landscaping and Lighting Act of 1972 (LLA), the City Council adopted Resolution No. 13137 directing staff to prepare a preliminary Engineer’s Report and initiate proceedings in support of levying assessments on properties within the LLA-1 for Fiscal Year (FY) 2024-25.
On June 4, 2024, the City Council adopted Resolution No. 13162 granting preliminary approval of the Engineer’s Report for LLA -1 for Fiscal Year (FY) 2024 -25, including (1) plans and specifications of the existing and proposed improvements, if any; (2) estimate of costs; (3) diagram showing the exterior boundaries of the area of the Assessment District; and (4) assessments calculated according to benefits. The City Council also adopted Resolution No. 13163 declaring its intention to levy and collect assessments within the Assessment District, and setting the Public Hearing for the July 16, 2024, regular City Council meeting, as the time and place for hearing comments or protests in relation to the levy and collection of the proposed assessments pursuant to the LLA, and to said proposed improvements.
Noticing for the Public Hearing consisted of the publishing of the City’s Resolution of Intention in the Metro Silicon Valley on June 26, 2024, and July 3, 2024, as evidenced by the Affidavits and Certificates on file with the City Clerk.
The purpose of the LLA -1 is to help the City of Campbell (City) fund the installation, operation, and maintenance of a range of public improvements within the district, including public lighting, traffic signals, street and median landscaping, parks and recreational improvements, curbs, gutters, sidewalks, and irrigation systems and associated drainage improvements.
Item: 10
Category: PUBLIC HEARINGS AND
INTRODUCTION OF
ORDINANCES
Meeting Date: July 16, 2024
10 Packet Pg. 413
Lighting and Landscaping District LLA-1, Fiscal Year 2024-25 - Confirming Assessments Page 2 of 3
DISCUSSION
The Engineer's Report for FY 2024-25 is on file with the City Clerk and includes:
1. Plans and specifications of the existing and proposed improvements, if any; to be installed within the Assessment District; and
2. Engineer’s estimate of the total costs of said improvements, including the operation and maintenance thereof, and of the incidental expenses in connection therewith; and
3. Diagram showing the boundaries of the Assessment District referred to and described in said Resolution No. 13162, and the lines and dimensions of each parcel of land within said District as such parcel is shown on the County Assessor's maps for the fiscal year to which it applies, each of which parcel has been given a separate number upon said diagram; and
4. Assessment of the total costs of said improvements upon the parcels of land in said District in proportion to the estimated benefits to be received by such parcels from said improvements, and the operation and maintenance thereof, and of the expenses incidental thereto contained in said report calculated for each parcel according to benefits received by said parcel.
The Public Hearing provides an opportunity for interested persons to be heard prior to Council's consideration of the Engineer's Report, the ordering of the improvements, and the confirming of the diagram and assessments for FY 2024-25.
City staff proposes that City Council adopt the attached resolution overruling protests, if any, approving the Engineer's Report, ordering the maintenance of improvements in the public interest, and confirming the diagram and assessments. If approved by the Council, the City Clerk will file the assessments with the County of Santa Clara Controller-Treasurer Department in early August for inclusion on the upcoming FY 2024-25 property tax roll.
FISCAL IMPACT
Projected LLA-1 revenues for FY 2024-25 are approximately $1,210,000.
ALTERNATIVES
1. Continue the Public Hearing to a future City Council meeting. This alternative is not recommended as it would impact funding for FY2045-25.
2. Direct staff to revise the Engineer's Report with alternative assessment levels. 10 Packet Pg. 414
Lighting and Landscaping District LLA-1, Fiscal Year 2024-25 - Confirming Assessments Page 3 of 3 Prepared by:
Roger Storz, Senior Civil Engineer
Reviewed by:
Todd Capurso, Director of Public Works
Approved by:
Brian Loventhal, City Manager
Attachment:
a. Resolution LLA FY24-25
10 Packet Pg. 415
RESOLUTION NO. __________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING THE ENGINEER’S REPORT, ORDERING THE IMPROVEMENTS, AND
CONFIRMING THE DIAGRAM AND ASSESSMENTS FOR THE CITY OF CAMPBELL LIGHTING DISTRICT LLA-1 FOR FISCAL YEAR 2024/25
WHEREAS, on the 2nd day of April 2024, said Council adopted its Resolution No. 13137 describing improvements and directing preparation of the Engineer's Report for Fiscal Year (FY) 2024/25 for the City of Campbell Lighting District LLA -1 pursuant to the Landscaping and Lighting Act of 1972, and directed the City Engineer to prepare and file with the City Clerk a written report called for under said Act and by said Resolution; and
WHEREAS, said report was duly made and filed with the City Clerk, whereupon said Clerk presented it to this Council on June 4, 2024 for its consideration; and
WHEREAS, said Council thereupon duly considered said report and each and every part thereof and found that it contained all matters called for by the provisions of said Act and Resolution No. 13162, including (1) plans and specifications of the existing and proposed improvements, if any; (2) estimate of costs; (3) diagram showing the exterior boundaries of the area of the Assessment District; and (4) assessments calculated according to benefits; all of which were prepared in the form and manner required by said Act; and
WHEREAS, said Council found that said report, and each and every part thereof, was sufficient and determined that it should stand as the report for all subsequent proceedings under said Act, whereupon said Council, pursuant to the requirements of said Act, adopted Resolution No. 13163 and appointed July 16, 20 24, at the regular meeting of said Council, City Hall, 70 North First Street, Campbell, California, as the time and place for hearing comments or protests in relation to the levy and collection of the proposed assessments pursuant to said Act, and to said proposed improvements, if any, including the operation and maintenance thereof, and directing the City Clerk to give notice of the public hearing as required by said Act; and
WHEREAS, notices of said Public Hearing were duly published in the time, form and manner required by said Act, as evidenced by the Affidavits and Certificates on file with the City Clerk, whereupon said hearing was duly held at the time and place stated in said notice; and
WHEREAS, on July 16, 2024, the Public Hearing was opened; and
WHEREAS, persons objecting to said improvements, including the operation and maintenance thereof, or to the extent of the Assessment District, or to the proposed diagram or assessments, or to the Engineer's estimate of costs thereof, filed written
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Attachment: Resolution LLA FY24-25 (Lighting and Landscaping District LLA-1, Fiscal Year 2024-25 - Confirming Assessments)
protests with the City Clerk before the conclusion of said Public Hearing, and all persons desiring to be heard were given an opportunity to be heard, and all matters pertaining to the levy and collection of the assessments for said improvements, including the operation and maintenance thereof, were fully heard and considered by said Council.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED, and ORDERED as follows:
1. That protests, if any, against said improvements, including the operation and maintenance thereof, or to the extent of the Assessment District, or to the proposed diagram or assessments, or to the Engineer's estim ate of costs thereof, for FY 2024/25 be, and each of them are hereby overruled.
2. That the public interest, convenience, and necessity require and said Council does hereby order the levy and collection of assessments pursuant to said Act for the installation of improvements, including the operation and maintenance thereof, more particularly described in said Engineer's Report which is made a part hereof by reference.
3. That the City of Campbell Lighting District LLA -1 and the boundaries thereof benefited and to be assessed for said costs for the installation of the improvements, including the operation and maintenance thereof, are situated in the City of Campbell, California, and are more particularly described by reference to a map thereof on file in the office of the City Clerk. Said map indicates by a boundary line the extent of the territory included in said District.
4. That the plans and specifications for the existing improvements and proposed improvements, if any, to be installed within the Assessment District contained in said report be, and they are hereby, adopted and approved.
5. That the Engineer's estimate of the total costs of said improvements, including the operation and maintenance thereof, and of the incidental expenses in connection therewith, contained in said report be, and is hereby, adopted and approved.
6. That the public interest and convenience require, and said Council does hereby order the improvements, if any, to be installed as described in, and in accordance with, said Engineer's Report.
7. That the diagram showing the boundaries of the Assessment District referred to and d escribed in said Resolution No. 13162, and the lines and dimensions of each parcel of land within said District as such parcel is shown on the County Assessor's maps for the fiscal year to which it applies, each of which parcel has been given a separate number upon said diagram as contained in said report be, and is hereby, approved and confirmed.
8. That the assessment of the total costs of said improvements upon the parcels of land in said District in proportion to the estimated benefits to be received by such parcels from said improvements, and the operation and maintenance thereof, and of the
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Attachment: Resolution LLA FY24-25 (Lighting and Landscaping District LLA-1, Fiscal Year 2024-25 - Confirming Assessments)
expenses incidental thereto contained in said report be, and the same is hereby, approved and confirmed.
9. That said Engineer's Report for FY 2024/25 be, and the same is hereby, adopted and approved.
10. That the City Clerk shall forthwith file with the County of Santa Clara Controller- Treasurer Department said assessment, together with said diagram thereto attached and made a part thereof, as confirmed by the City Council, with the certification of such confirmation thereto attached and of the date thereof.
11. That the order for levy and collection of assessments for the improvements and the adoption and approval of the Engineer's Report as a whole, and of the plans and specifications, estimate of the costs, diagram, and assessments, as contained in said Report, as hereinafter determined and ordered, is intended to and shall refer and apply to said Report, or any portion thereof, as amended, modified, revised or corrected by, or pursuant to and in accordance with any resolution or order, if any, heretofore duly adopted or made by this Council.
I hereby certify that the foregoing is a full, true and correct copy of the Resolution duly passed and adopted by the City Council of the City of Campbell, California, at a meeting thereof held on the ______ day of _____________, 2024, by the following roll call vote of the members thereof:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
APPROVED:
________________________________
ATTEST: Susan M. Landry, Mayor
__________________________
Andrea Sanders, City Clerk
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Attachment: Resolution LLA FY24-25 (Lighting and Landscaping District LLA-1, Fiscal Year 2024-25 - Confirming Assessments)
City
Council
Report
TITLE: Public Hearing to Consider an Interim Ordinance to Adopt Urgency Measures to Implement Senate Bill No. 684 (2023), Which Allows for Streamlined Approval of 10 or Fewer Residential Units on Lots Zoned for Multifamily Residential Development and Extending Ordinance No. 2312 Which Established Urgency Measures to Implement Senate Bill No. 4 (2023), Which Allows for Housing on Lands Owned by Qualifying Faith -Based and Higher Educational Institutions. (Ordinances / Roll Call Vote)
RECOMMENDED ACTION
It is recommended that City Council: (1) Adopt an Interim Ordinance to adopt urgency measures to implement Senate Bill No. 684 (2023) to allow for streamlined approval of 10 or fewer residential units on lots zoned for multifamily residential development, superseding those previously established by Ordinance No. 2311; and (2) Adopt Ordinance to extend Interim Ordinance No. 2312 which established urgency measures to implement Senate Bill No. 4 (2023) to allow for housing on lands owned by qualifying faith-based and higher educational institutions.
ENVIRONMENTAL DETERMINATION
Staff recommends that the City Council find that the proposed interim ordinance to implement SB 684 and extension of Ordinance No. 2312 are statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Section 65852.21(j) and Section 66411.7(n) of the Government Code.
EXECUTIVE SUMMARY / BACKGROUND
On June 18, 2024, the City Council adopted Interim Ordinances serving to clarify local standards and permit processes to comply with Senate Bill No. 684 (SB 684) and Senate Bill No. 4 (SB 4) until such time permanent standards can be developed.
As the previously approved Interim Ordinances are set to expire on August 2, 2024 (45 - days from adoption) the subject item serves to present actions that may be taken prior to their expiration as follows:
Item: 11
Category: PUBLIC HEARINGS AND
INTRODUCTION OF
ORDINANCES
Meeting Date: July 16, 2024
11 Packet Pg. 419
SB 684 (Amending) and SB 4 (Extending) Page 2 of 4
• Revised SB 684 Interim Ordinance (Attachment A) : Serves to present a revised Interim Ordinance for SB 684 that supersedes the previous interim standards established by City Council Ordinance No. 2311.
Staff has recommended adopting a revised Ordinance, rather than extending the effective period of the previously adopted Interim Ordinance, to introduce amendments that clarify the permissibility of accessory dwelling units and applicability of subdivision standards. If adopted, staff will intend to return to City Council (tentatively August 20, 2024), to extend the effectiveness of the Ordinance.
• Extension of SB 4 Interim Ordinance (Attachment B) : Serves to extend the effectiveness of the previously approved interim standards established by City Council Ordinance No. 2312.
DISCUSSION
The subject item serves to present a revised Interim Ordinance for SB 684 and a request to extend the effectiveness of the Interim Ordinance for SB 4 as previously presented.
The revised Interim Ordinance for SB 684 incorporates the following two changes:
• Accessory Dwelling Units. Adds a provision clearly specifying that accessory dwelling units and junior accessory dwelling units are not permitted on parcels created through SB 684.
Staff Comments : State law does not require the City to allow ADUs or JADUs on parcels created through SB 684. Acknowledging the prior Interim Ordinance was silent on whether to allow ADUs or JADUs, staff recommends clarifying that ADUs and JADUs are not to be permitted during the effective period of the Interim Ordinance for SB 684 projects. This change is recommended by staff based on an initial assessment that allowing ADUs and JADUs will present design and neighborhood compatibility challenges, needing further analysis. This topic will be evaluated more formally under the permanent ordinances being prepared by staff (as part of the Multi -Family Development and Design Standards update).
• Exceptions to Site Access Requirements. Adds an exception to site access requirements for nonresidential projects.
Staff Comments : The previously approved Interim Ordinance established standards which require newly created lots to either front onto a public street or have recorded easements to ensure basic access to the right of way and/or for the provision for utilities. Understanding it was the intention of these changes to apply to multifamily development projects, and not non -residential development projects in which the City maintains greater discretion, staff has introduced language to exclude nonresidential development projects from the requirements of the section. 11 Packet Pg. 420
SB 684 (Amending) and SB 4 (Extending) Page 3 of 4
As presented, the revised Ordinance for SB 684 would supersede the previously adopted Interim Ordinance and go into effect immediately. The Interim Ordinance for SB 4 would remain unchanged and extended for a period of 10 months and 15 days, or until superseded by adoption of permanent standards, whichever comes first.
NEXT STEPS
Should the City Council adopt a revised Interim Ordinance for SB 684 as recommended by staff, the City Council will need to hold another public hearing within 45 -days of its adoption (tentatively August 20, 2024) to decide whether to extend the term of the Interim Ordinance or adopt permanent standards.
For both Ordinances, staff intends to return with permanent standards for consideration as part of the Multi-Family Development and Design Standards update, that account for best practices identified from other communities and from the review of projects processed during the effective implementation of the Interim Ordinances, prior to their expiration as extended.
ALTERNATIVES
In consideration of the subject item, staff has identified two alternative options:
1. Take no action. Should the Council take no action on the subject item, the Interim Ordinances will expire on August 2, 2024. Staff does not recommend pursing this alternative as it would frustrate the processing of SB 4 and SB 684 projects until such time permanent standards may be established.
2. Extend both Interim Ordinances . Rather than extending SB 4, and adopting a revised Interim Ordinance for SB 684, the Council may extend both Ordinances as originally adopted. Staff does not recommend pursuing this alternative as it would fail to address concerns pertaining to ADUs/JADUs and site access as noted in the discussion.
FISCAL IMPACT
There is no fiscal impact associated with the subject item. All costs associated with preparation of the Interim Ordinances and pending updates to the City’s Multi -Family Development and Design Standards and Municipal Code are accounted for within the Department’s approved budget. The City’s fee schedule also anticipates and accommodates the type of projects permitted by SB 684 and SB 4 without requiring the establishment of new permit fees. Should established fees fail to adequately capture the staff time required to facilitate the review and processing of SB 684 or SB 4 projects, staff will intend to return with recommendations to amend the fee schedule accordingly.
11 Packet Pg. 421
SB 684 (Amending) and SB 4 (Extending) Page 4 of 4
Prepared by:
Stephen Rose, Senior Planner
Reviewed by:
Rob Eastwood, Community
Development Director
Approved by:
Brian Loventhal, City Manager
Attachment:
a. SB 684 _ Interim Ordinance
b. SB 4 _ Ordinance
c. SB 684 Summary
d. SB 4 Summary
11 Packet Pg. 422
ORDINANCE NO.
BEING AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL ADOPTING URGENCY MEASURES TO IMPLEMENT SENATE BILL NO. 684 (2023) (FILE NO. PLN-2024-69)
WHEREAS, on October 11, 2023, the Governor of the State California signed into law Senate Bill No. 684 (Caballero), to "add Sections 65852.28, 65913.4.5, and 66499.41 to the Government Code, relating to land use ," which generally allows the streamlined approval processes for small housing development projects of ten or fewer residential units on urban lots under 5 acres. The bill requires local agencies to review applications that comply with the bill's development requirements through a ministerial process, eliminating the need for discretionary hearings. Additionally, local agencies are permitted to apply objective development and design standards where applicable.
WHEREAS, certain standards, requirements, and permitting procedures of the City of Campbell Municipal Code, are inconsistent with the provisions authorized by Senate Bill No. 684 (2023).
WHEREAS, the provisions of Senate Bill No. 684 (2023) went into effect on July 1, 2024, and without locally codified standards, requirements, and implementation procedures, the law presents a current and immediate threat to the public peace, health, safety, and welfare, in that certain existing standards, requirements, and permitting procedures of the City of Campbell Municipal Code are in conflict with Senate Bill No. 684 (2023) and could create confusion and hinder the type of housing development and activities the law authorizes.
WHEREAS, pursuant to Section 65858 of the Government Code and Section
21.60.090 of the Campbell Municipal Code, the City Council may take appropriate action to adopt urgency measures as an interim ordinance.
WHEREAS, pursuant to Sections 65852.28(e), 65913.4.5(b) and Section 66499.41(i) of the Government Code, a local agency may adopt an ordinance to implement S enate Bill No. 684 (2023).
WHEREAS, on June 18, 2024, the City Council adopted an interim ordinance to implement Senate Bill No. 4 (Ordinance No. 2312)
WHEREAS, this interim ordinance serves to revise previously established standards, requirements, and permitting procedures to allow for orderly housing development and activities authorized by Senate Bill No. 684 (2023) while protecting the public peace, health, safety, or welfare in the City of Campbell.
WHEREAS, it is not the intent of this Ordinance to adopt permanent standards, requirements, or permitting procedures. The City Council reserves the right to adopt permanent standards, requirements, and permitting procedures consistent with Senate Bill No.684 (2023) that will supersede those contained in this interim ordinance.
WHEREAS, it is not the intent of this Ordinance to deny or delay the approval of
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Attachment: SB 684 _ Interim Ordinance (SB 684 (Amending) and SB 4 (Extending))
housing development projects that are in compliance with Senate Bill No. 684 (2023).
WHEREAS, considering the foregoing findings, the City Council further finds that there is a current and immediate threat to the public health, safety, or welfare, and that adherence to existing standards, requirements, and permitting procedures in conflict with this ordinance would result in that threat to public health, safety, or welfare.
WHEREAS, adoption of this interim ordinance may be found to not be a project under the California Environmental Quality Act (CEQA) pursuant to California Government Code Sections 65852.28(e), 65913.4.5(b) and Section 66499.41(i) relating to implementation of Senate Bill No. 684 (2023).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAMPBELL DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1 (PURPOSE). This Ordinance establishes interim exceptions, clarifications, and amendments to the City of Campbell’s Subdivision Ordinance and Zoning Code to allow proposed housing developments as specified by California Government Code Section s 65852.28, 65913.4.5, and 66499.41, as established by Senate Bill No. 684 (2023).
SECTION 2 (APPLICABILITY). Section 3 (State Law), Section 5 (Administration), Section 6 (General Eligibility ), Section 7 (Application Process), and Section 8 (Exceptions to Requirements) of this Ordinance shall be applicable only to proposed housing development projects that apply for a permit from the City of Campbell under the streamlined, ministerial review process established pursuant to Sections 65852.28, 65913.4.5, and 66499.41 of the California Government Code.
SECTION 3 (STATE LAW ). This Ordinance is intended to implement a ll provisions of Sections 65852.28, 65913.4.5, and 66499.41 of the California Government Code, which shall govern the implementation of this Ordinance . Nothing contained in this Ordinance shall be construed to supersede any requirement of the law including, but not limited to, site eligibility, density, affordability, and all applicable site development and design requirements.
SECTION 4 (SUPERSEDE). The provisions of this Ordinance shall supersede the previously adopted City Council Ordinance No. 2311 serving to implement Senate Bill No. 684 and take precedence over any inconsistent provision of the Campbell Municipal Code to that extent necessary to effectuate the provisions of this Ordinance for the duration of its effectiveness.
SECTION 5 (ADMINISTRATION). This Ordinance shall be administered by the Community Development Director, who is hereby authorized to develop forms, policies, and regulations for the implementation of this Ordinance and interpret its provisions to achieve compliance with state law. Where a disagreement with the Community Development Director's application of this Ordinance occurs, the procedures for an Interpretation provided in Section 21.20.030 (Procedures for Interpretations) of the Zoning Code shall be followed, including the provisions for an appeal.
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Attachment: SB 684 _ Interim Ordinance (SB 684 (Amending) and SB 4 (Extending))
SECTION 6 (GENERAL ELIGIBILITY). This section serves to clarify which sites are eligible for the streamlined, ministerial review process established pursuant to Sections 65852.28, 65913.4.5, and 66499.41 of the California Government Code.
A. Site Eligibility. The following criteria serve to clarify provisions of state law used to determine site eligibility.
1. Land Use Designation . Properties with the following General Plan land use designations, and all sites with a multi-family residential zoning designation, shall be eligible sites:
a. Low-Medium Density Residential (8-16 Units / Gr. Acre) b. Medium Density Residential (18-25 Units / Gr. Acre)
c. Medium-High Density Residential (26-33 Units / Gr. Acre) d. High Density Residential (34-45 Units / Gr. Acre)
e. Mobile Home Park (8-16 Units / Gr. Acre
f. Professional Office Mixed Use (8-16 Units / Gr. Acre) g. Neighborhood Commercial Mixed-Use (18-25 Units / Gr. Acre) h. Medium-High Density Mixed-Use (26-33 Units / Gr. Acre) i. Central Business Mixed-Use (26-33 Units / Gr. Acre)
j. General Commercial Mixed-Use (26-33 Units / Gr. Acre) k. High Density Mixed-Use (34-45 Units / Gr. Acre)
l. Commercial-Corridor Mixed-Use (45-60 Units / Gr. Acre) m. Transit-Oriented Mixed-Use (57-75 Units / Gr. Acre)
2. Legal Parcel. Parcels no larger than five (5) acres which ha ve been legally created in compliance with the Subdivision Map Act (Government Code Section 66410 et seq.) and the Subdivision Ordinance, as applicable at the time the parcel was created. The City Engineer may require a certificate of compliance to verify conformance with this requirement.
3. Historic Property. Parcels that are not listed on the City of Campbell Historic Resource Inventory, as defined by Chapter 21.33 (Historic Preservation).
SECTION 7 (APPLICATION PROCESS ). This section serves to provide exceptions and clarifications to local permit processes to comply with prevailing state statues and streamline the processing of qualifying projects consistent with the objectives of state law.
A. Permits Required. No other permit, or modification of any other permit, shall be required other than as specified below:
1. Zoning Clearance Application. A zoning clearance application, including the required application materials and fees, shall be filed with the Community Development Department in compliance with Chapter 21.38 (Application Filing, Processing and Fees) of the Zoning Code. A zoning clearance application may only be found complete if it satisfies the requirements of this Chapter and other applicable sections of the Campbell Municipal Code.
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Attachment: SB 684 _ Interim Ordinance (SB 684 (Amending) and SB 4 (Extending))
2. Tentative Parcel Map or Tentative Subdivision Map Application. When the project includes a subdivision, the applicant shall include the required application materials and fees for a Tentative Parcel Map when involving four or fewer lots or condominium units, and a Tentative Subdivision Map when involving five or more lots or condominium units concurrently with the application for a zoning clearance . T he Tentative Parcel Map or Tentative Subdivision Map shall be reviewed by the city engineer as a ministerial action without discretionary review or a hearing.
3. Parcel Map or Final Map Application. Following the approval of a Tentative Parcel Map or Tentative Subdivision Map, the applicant shall include all of the required application materials and fees for a Parcel Map when implementing a Tentative Parcel Map , and a Final Map when implementing a Tentative Subdivision Map. The Parcel Map or Final Map shall be reviewed by the city engineer as a ministerial action without discretionary review or a hearing.
4. Building Permits. No demolition, grading, or construction shall be permitted without first receiving approval of a building permit. Further, the following procedural requirements shall apply:
a. Submittal. Issuance of a zoning clearance shall be required prior to acceptance of an application for a building permit(s).
b. Issuance. No building permit shall be issued until a tentative map has been approved.
c. Building Permit Final. No building permit final, certificate of occupancy, or temporary certificate of occupancy shall be granted until a Parcel Map or Final Map has been recorded.
SECTION 8 (EXCEPTIONS TO REQUIREMENTS). This section serves to provide exceptions and adjustments to standards and requirements to comply with prevailing state statues and streamline the processing of qualifying projects consistent with the objectives of state law.
A. Exceptions to Requirements.
1. Exceptions to Multi-Family Development and Design Standards (MFDDS).
Housing development projects shall be alleviated from all requirements pertaining to Chapter 3 (Zones), Chapter 5 (Building Types), Chapter 6 (Specific to Frontage Types), Chapter 7 (Architectural Standards) and Chapter 8 (Specific to Large Sites), within the Multi-Family Development and Design Standards (MFDDS), except as follows:
a. Chapter 3, Section 3.020.7 (Design Sites), where the term “design sites” is used, the term shall instead refer to the new parcel(s) proposed by the housing development project.
b. Within each form-based zone section of Chapter 3, (Sections 3.030 through 3.090), the following specific subsections shall remain applicable:
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Attachment: SB 684 _ Interim Ordinance (SB 684 (Amending) and SB 4 (Extending))
(1) Building Form (subsection '4')
(2) Building Placement (subsection '5,' Setback)
(3) Encroachments (subsection '6')
(4) Parking (subsection '7')
2. Exceptions to Parking. One parking stall per primary dwelling unit shall be required, except for proposed housing developments located on parcels within one-half mile walking distance of either a public transportation stop or one block of a car share vehic le operating in accordance with California Vehicle Code Section 22507.1.
3. Exceptions to Minimum Lot Size. In no event shall a new parcel be required to be larger than six hundred (600) square feet in lot area.
4. Adjustments to Standards. To the least extent necessary to comply with state law, adjustments to otherwise applicable site development and design standards shall be granted according to the following order of priority until the physical constraint(s) to are resolved, provided that if an exception does not remove a physical constraint, the exception shall not be granted. a. Reduction of the garage entry setback/minimum driveway depth to allow a minimum of twenty-five feet;
b. Reduction of the street side setback to allow a minimum setback of 4 feet except to ensure adequate site visibility for pedestrian and vehicular safety, consistent with Figures 3-1 and 3-2 of Section
21.18.060 (Fences, walls, lattice and screens);
c. Reduction of the front setback to allow a minimum setback of five feet; d. Increase to the maximum height as to allow one additional story than would otherwise be allowed; then
e. Reduction or elimination of any other standard not otherwise identified.
5. Exception to Eligibility for Accessory Dwelling Units. Housing development projects shall not include accessory dwelling units or junior accessory dwelling units.
SECTION 9 (SUBDIVISION STANDARDS). Chapter 21.13 (Subdivision Standards) of the Campbell Municipal Code is hereby added to read as follows:
20.13.010 Purpose.
This Chapter establishes standards for subdivision of properties in Campbell.
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Attachment: SB 684 _ Interim Ordinance (SB 684 (Amending) and SB 4 (Extending))
20.13.020 Applicability.
The requirements of this Chapter shall apply to all subdivisions, including parcel maps and final maps. No subdivision, except as provided for by Chapter 20.14 (Urban Lot Splits), shall be approved except when meeting the requirements of this section.
20.13.030 Site Access.
All lots created by a subdivision shall have frontage upon a street dedicated as a public street, provided that the community development director may approve not more than one lot without such required frontage on a public street, hereinafter referred to as "rear lot," under the following conditions:
A. The front lot shall meet all of the requirements of the zoning district within which it is located.
B. The rear lot shall meet all of the requirements of the zoning district within which it is located and, in addition, shall have an area which exceeds the lot area requirement by ten percent exclusive of any access to a public street.
C. Access to the public street for a rear lot shall not be over an easement but over land under the same ownership as that of rear lot; such access shall have a minimum width of fifteen feet and shall have a paved way not less than ten feet in width.
D. The creation of a rear lot would be consistent with all applicable specific plans and/or area plans.
20.13.040 Exception to Site Access Requirement.
The applicable approving body may approve a subdivision which creates lots which do not have frontage on a public street for non-residential projects and/or when all of the following requirements are satisfied:
A. The subdivision is zoned to allow multi -family development multi -family residential uses.
B. Permanent vehicular and pedestrian access is assured through recordation of reciprocal ingress/egress easements for all parcels within the subdivision boundary, including access rights for all property owners, guests, employees, clients and customers of al l business entities or tenants lawfully located within the subdivision boundary; and
C. Each independent parcel is self-sufficient in terms of parking requirements to serve the existing or proposed uses on the parcel unless off -site parking is assured through permanent parking easements located nearby (within three hundred feet of the building's or center's public entrance) on adjoining parcels; and
D. Utility connections are located within easements benefitting the independent parcels which exist or are proposed within the subdivision; and
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Attachment: SB 684 _ Interim Ordinance (SB 684 (Amending) and SB 4 (Extending))
E. Where available, the utility company serving the property shall be responsible for maintaining all utility lines and related infrastructure up to the individual services or laterals. Beyond this point, the property owner is responsible for all maintenance of the utility infrastructure.
F. Homeowner’s Association.
1. Where a homeowner’s association is established, the following requirements shall apply.
a. Prior to issuance of a building permit(s) or recordation of the Parcel Map of Final Map, whichever occurs first, the property owners shall sign and record Covenants, Conditions and Restrictions (CC&Rs) which shall:
(1) Ensure the joint maintenance of reciprocal rights of way and utilities within common easements, unless such utilities are maintained by the respective service provider.
(2) Obligate the joint development and maintenance of landscaping improvements along the public street perimeter encompassing all parcels within the subdivision boundaries.
2. Where a homeowner association is not established, the following standards shall apply:
a. All impervious surfaces outside of a building roofline or building envelope, shall be constructed with pervious materials (pervious pavers, pervious concrete) designed to fully meet the stormwater treatment requirements consistent with Chapter 14.02 (Stormwater Pollution Control).
b. Prior to approval of the Parcel Map or Final Map, the property shall be annexed into the City’s Community Facilities District No. 2 to provide maintenance of stormwater treatment facilities placed in the public right-of-way.
G. Prior to issuance of a building permit(s) or recordation of a subdivision map, whichever occurs first, the property owners shall sign and record a “Covenants for the Operation and Maintenance of Stormwater Facilities” and submit a Stormwater Management Plan to the satisfaction of the City Engineer, which shall obligate the property owner and successors in interest to preserve and ma intain the stormwater facility and allow for periodic inspections by City employees.
H. In instances when more than one of the proposed parcels will remain under one ownership, the above easements and/or covenants shall be placed in escrow and recorded simultaneously with any transfer of ownership of any of the affected parcels, at no cost to the city.
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Attachment: SB 684 _ Interim Ordinance (SB 684 (Amending) and SB 4 (Extending))
SECTION 10 (ACTION ON TENTATIVE PARCEL MAPS). Section 20.16.035 (Exception to access requirement.) of the Campbell Municipal Code is hereby amended to read as follows with underlining (underlining) indicating new text and strikeouts (strikeouts) indicating deleted text.
20.16.030 Action on tentative parcel maps.
The community development director shall approve or deny an application to subdivide lands into four or fewer lots. Applications therefore shall be accepted only upon payment of a fee in an amount prescribed by resolution of the City Council.
Before approval or conditional approval may be given, such subdivision must be considered by the city engineer.
All conditions required by the city engineer shall be incorporated in the community development director's conditional approval and findings. Denial by the city engineer shall require denial of the tentative map.
All lots created by such subdivision shall have frontage upon a street dedicated as a public street, provided that the community development director may approve not more than one lot without such required frontage on a public street, hereinafter referred to as "rear lot," under the following conditions:
(1) The front lot shall meet all of the requirements of the zoning district within which it is located.
(2) The rear lot shall meet all of the requirements of the zoning district within which it is located and, in addition, shall have an area which exceeds the lot area requirement by ten percent exclusive of any access to a public street. (3) Access to the public street for a rear lot shall not be over an easement but over land under the same ownership as that of rear lot; such access shall have a minimum width of fifteen feet and shall have a paved way not less than ten feet in width.
(4) The creation of a rear lot would be consistent with all applicable specific plans and/or area plans.
The community development director shall have authority in granting such application to impose such conditions as are deemed necessary to protect the best interests of the surrounding property or neighborhood consistent with the general purpose and intent of this title, including, but not limited to, adequate provisions for fire protection, easements for public utilities and improvements of all proposed streets to the standard prescribed in Title 11 or such lesser standards as may be approved by the community development director.
Before such subdivision is approved, the applicant shall pay all unpaid county and municipal taxes except taxes not yet payable.
A denial of such application may be appealed by the applicant to the planning commission within ten days after the mailing of notice of the decision of the community development director to the applicant at the address shown on the application.
The appeal shall be in writing, shall be filed with the secretary of the planning commission, shall generally set forth the grounds of appeal and shall be accompanied by a
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Attachment: SB 684 _ Interim Ordinance (SB 684 (Amending) and SB 4 (Extending))
filing fee in accord with the schedule of fees as established by the City Council, no part of which is refundable.
Where the planning commission or decision-making body grants approval subject to conditions, said conditions shall be fulfilled within twenty-four months after the decision of the planning commission or decision-making body for a housing development project, or within such time as the planning commission may prescribe for a nonresidential project.
SECTION 11 (EXCEPTION TO ACCESS REQUIREMENT). Section 20.16.035 (Exception to access requirement.) of the Campbell Municipal Code is hereby repealed.
SECTION 12 (SEVERABILITY). If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council hereby declares that it w ould have passed this interim ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 13 (REPEAL). If Senate Bill No. 684 (2023) is repealed or otherwise rescinded by the California State Legislature or by the People of the State of California, this Ordinance shall cease to be in effect.
SECTION 14 (CEQA): Adoption of this interim ordinance is not a project under the California Environmental Quality Act (CEQA) pursuant to California Government Code Section 65852.21(j) and Section 66411.7(n) relating to implementation of Senate Bill No. 4 (2023).
SECTION 15 (PUBLICATION). The City Clerk shall cause this interim ordinance to be published at least once in a newspaper of general circulation within 15 days after its adoption in accordance with Government Code Section 36933.
SECTION 16 (EFFECTIVENESS). This Ordinance shall become effective on June 18, 2024, and remain effective for a period of 45 days, unless subsequently extended by the City Council.
PASSED AND ADOPTED this _____ day of ____________, 2024 by the following roll call vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
APPROVED:
Susan M. Landry, Mayor
ATTEST:
Andrea Sanders, City Clerk
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Attachment: SB 684 _ Interim Ordinance (SB 684 (Amending) and SB 4 (Extending))
ORDINANCE NO.
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL EXTENDING URGENCY MEASURES TO IMPLEMENT SENATE BILL NO. 4 (FILE NO.
PLN-2024-69)
WHEREAS, on October 11, 2023, the Governor of the State California signed into law Senate Bill No. 4 (Wiener), " An act to add and repeal Section 65913.16 of the Government Code, relating to housing.," which generally requires that a housing development project that meets specified requirements be a use by right upon the request of an applicant who submits an application for streamlined approval, on any land owned by an independent institution of higher education or religious institution on or before January 1, 20 24, if the development satisfies specified criteria, including that the development is not adjoined to any site where more than one-third of the square footage on the site is dedicated to industrial use. The bill also imposes streamlining requirements, pro hibits the local agency from imposing certain standards and requirements, and authorizes the development to include ancillary uses on the ground floor of the development, as specified.
WHEREAS, certain standards, requirements, and permitting procedures of the City of Campbell Municipal Code, are inconsistent with the provisions authorized by Senate Bill No. 4 (2023).
WHEREAS, the provisions of Senate Bill No. 4 (2023) went into effect on July 1, 2024, and without locally codified standards, requirements, and implementation procedures, the law presents a current and immediate threat to the public peace, health, safety, and welfare, in that certain existing standards, requirements, and permitting procedures of the City of Campbell Municipal Code are in conflict with Senate Bill No. 4 (2023) and could create confusion and hinder the type of housing development and activities the law authorizes.
WHEREAS, the City is undertaking a study to update its current zoning code provisions to conform to the changes in the State law, which shall be completed within a reasonable time, not to exceed 10 months and fifteen days from the adoption of this interim ordinance, or until it is superseded by adoption of superseding ordinance, whichever comes first.
WHEREAS, pursuant to Section 65858 of the Government Code and Section
21.60.090 of the Campbell Municipal Code, the City Council may take appropriate action to adopt urgency measures as an interim ordinance.
WHEREAS, pursuant to Section 65852.21(j) and Section 66411.7(n) of the Government Code, a local agency may adopt an ordinance to implement S enate Bill No. 4 (2023).
WHEREAS, on June 18 , 202 4, the City Council adopted an interim ordinance to implement Senate Bill No. 4 (Ordinance No. 2312)
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Attachment: SB 4 _ Ordinance (SB 684 (Amending) and SB 4 (Extending))
WHEREAS, pursuant to Section 65858 of the Government Code, the City Council may extend the previously adopted interim ordinance for 10 months and 15 days after public notification and following a public hearing.
WHEREAS, the City Council finds and determines that the extending Interim Ordinance No. 2291 would not be detrimental to the public interest, health, safety, convenience, or general welfare of the city; and is internally consistent with other applicable provisions of the Campbell Municipal Code.
WHEREAS, it is not the intent of this Ordinance to deny or delay the approval of housing development projects that are in compliance with Senate Bill No. 4 (2023).
WHEREAS, considering the foregoing findings, the City Council further finds that there is a current and immediate threat to the public health, safety, or welfare, and that adherence to existing standards, requirements, and permitting procedures in conflict with this ordinance would result in that threat to public health, safety, or welfare.
WHEREAS, adoption of this interim ordinance may be found to not be a project under the California Environmental Quality Act (CEQA) pursuant to California Government Code Section 65852.21(j) and Section 66411.7(n) relating to implementation of Senate Bill No. 4 (2023).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAMPBELL DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1 (SEVERABILITY): If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council hereby declares that it would have passed this interim ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whet her any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 2 (CEQA): Adoption of this interim ordinance is not a project under the California Environmental Quality Act (CEQA) pursuant to California Government Code Section 65852.21(j) and Section 66411.7(n) relating to implementation of Senate Bill No. 4 (2023).
SECTION 3 (STATE LAW). Any provision of this Ordinance which is inconsistent with Senate Bill No. 4 (2023) shall be interpreted in a manner as to achieve compliance with state law.
The provisions of this Ordinance shall supersede and take precedence over any inconsistent provision of the Campbell Municipal Code to that extent necessary to effect the provisions of this Ordinance for the duration of its effectiveness.
SECTION 4 (REPEAL): If Senate Bill No. 4 is repealed or otherwise rescinded by the California State Legislature or by the People of the State of California , this Ordinance shall cease to be in effect.
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Attachment: SB 4 _ Ordinance (SB 684 (Amending) and SB 4 (Extending))
SECTION 5 (PUBLICATION): The City Clerk shall cause this interim ordinance to be published at least once in a newspaper of general circulation within 15 days after its adoption in accordance with Government Code Section 36933.
SECTION 6 (EFFECTIVENESS): Interim Ordinance No. 2 312 is hereby extended for 10 months and fifteen days , or until it is superseded by adoption of superseding ordinance, whichever comes first.
PASSED AND ADOPTED this _____ day of ____________, 2024 by the following roll call vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
APPROVED:
Susan M. Landry, Mayor
ATTEST:
Andrea Sanders, City Clerk
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Attachment: SB 4 _ Ordinance (SB 684 (Amending) and SB 4 (Extending)) SB 684 - Streamlined App. Processes
(Gov. Code 65852.28, 65913.4.5, & 66499.41)
SB 684 (2023) entitled, “Streamlined Approval Processes: Development projects of 10 or fewer residential units on urban lots under 5 acres”, will require the City to ministerially consider (without a public hearing) applications for projects that meet the following criteria:
• Property Requirements:
o The lot is not larger than 5 acres;
o The lot is zoned for multifamily residential development; o The lot is substantially surrounded by qualified urban uses; o The lot has not exercised the Ellis Act in the past 15-years; and o The lot is not in a flood zone, fire hazard area, earthquake zone, etc.
• Project Requirements:
o Results in ≤ 10 lots
o Results in ≤ 10 units
o Does not demolish or alter any of the following housing types:
▪ Units restricted to low, very-low, extremely low-income levels; ▪ Units subject to any form of local rent or price control; or ▪ Units occupied by tenants within the past 5 years.
• Density Requirements:
o May result in ≤ 30 units/acre; and
o Based on Designation as a Housing Opportunity Site:
▪ If designated: The project will result in at least as many total units and as many low- and very low-income units as projected by the Housing Element for the parcel.
▪ If not designated: The project will result in at least as many units as the maximum allowable density for the parcel.
• Development Standard Requirements:
o Meets all applicable objective standards that do not:
o Prohibit the creation of lots that are 600 sq. ft. or larger. o Impose floor area ratio standards less than any of the following:
▪ 3-7 units: 1.0 FAR
▪ 8 to 10 units: 1.25 FAR
o Impose minimum parking requirements that exceed the following:
▪ 1 space per unit; or
▪ 0 spaces per unit (when located within ½ mile of major transit stop or high-quality transit corridor, or within one block of a car share vehicle) o Impose setbacks inconsistent with the following:
▪ Side or rear setbacks >4 feet from the original lot line(s) ▪ Any setback between buildings except as required in the California Building Code
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Attachment: SB 684 Summary (SB 684 (Amending) and SB 4 (Extending)) SB 4 - Housing on Faith & Higher Ed. Lands Act
(Gov. Code section 65913.16)
SB 4 (2023), entitled the “Housing on Faith and Higher Education Lands Act” will require the City to ministerially consider (without a public hearing) applications for projects that meet the following criteria:
• Property Requirements:
o Located on land owned on or before January 1, 2024, by a “qualifying” faith - based or higher educational institution.
• Project Requirements:
o 100% affordable (Up to 20% moderate with the remainder reserved for lower income; excepting manager unit)
• Density Requirements:
o If located in a zone that allows residential uses:
▪ The greater of the density allowed by the land use designation or 30 units/acre.
o If located in a zone that does not allow residential uses:
▪ The greater of the density allowed on an adjoining parcel or 40 units/acre.
• Development Standard Requirements:
▪ Building Height: The greater of one-story above the maximum building height allowed on the parcel or the maximum building height allowed on an adjoining parcel.
• Use Requirements:
o Proposes residential uses; and/or
o Ancillary uses on the ground floor of the following zones:
• Single-Family Zones: Childcare centers and facilities operated by community-based organizations.
• Other Zones: Commercial uses permitted without a Conditional Use Permit
• Additional Requirements:
o Housing Crisis Act unit replacement requirements apply o Location restrictions near industrial uses
o Site must meet SB 35 requirements
o Must pay prevailing wage
o Must satisfy parking requirements at outlined in the bill o Streamlining (shortened review process for determination of consistency and design review)
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Attachment: SB 4 Summary (SB 684 (Amending) and SB 4 (Extending))
City
Council
Report
TITLE: Introduction of Ordinance Amending Chapter 3.09, of Title 3 of the Campbell Municipal Code Imposing a Transactions and Use (Sales) Tax to be Administered by the California Department of Tax and Fee Administration (Ordinance/Roll Call Vote)
RECOMMENDED ACTION
If, after due consideration of staff information and public feedback, the Council would like to place a general purpose 1/2 cent Transactions and Use (Sales) Tax measure on the November 5, 2024 ballot to provide the City with a significant and ongoing increase in revenues, it is recommended that the City Council introduce the attached ordinance Amending Chapter 3.09, of Title 3 of the Campbell Municipal Code enacting an additional 1/2 cent Transaction and Use Tax for maintenance of vital City services to be administered by the California Department of Tax and Fee Administration.
BACKGROUND
During the FY 2024 priority setting process, the City Council identified Financial Health as one of its four (4) Strategic Objectives and Financial Stability as one of its five (5) Council Priorities. As such, the City Manager’s Office and Finance Department were assigned the following Workplan item in the FY 2024 Adopted Budget:
In coordination with an outside consultant, the City Manager’s Office, all members of the Executive Team, and other key stakeholders, explore potential new revenue sources to add to the FY 2025 Master Fee Schedule and/or place on the 2024 General Election ballot LEAD DEPARTMENTS – City Manager’s Office and Finance Department [Council Priority – Financial Stability]
Financial Health and Financial Stability were also selected as Strategic Objectives and Council Priorities during the FY 2025 priority setting session held on February 28, 2024.
Subsequently, the Council held a Study Session on March 19, 2024 to discuss potential revenue measures for placement on the November 5, 2024 General Election or future election ballots. During that meeting, several types of revenue measures were discussed that would address a) Ongoing Operating Costs and Reserve Levels, b) Aging Infrastructure and Deferred Maintenance, and/or c) Housing. Revenue measures discussed included those summarized in Table 1 below:
Item: 12
Category: PUBLIC HEARINGS AND
INTRODUCTION OF
ORDINANCES
Meeting Date: July 16, 2024
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Introduction of Transaction and Use Tax Ordinance Page 2 of 9 Table 1 – Revenue Measure Options Discussed at March 19 Study Session
Influx of
Cash or
Ongoing
Revenue
AREA OF FOCUS
Ongoing
Operating
Costs and
Reserve
Levels
Aging
Infrastructure
and Deferred
Maintenance
Housing
Revenue Measure Type Based
on Area of Focus →
General or
Special
Purpose
Special
Purpose
Special
Purpose
Revenue Measure Options
Utility Users Tax (UUT) Ongoing X X X
Sales Tax Add On Ongoing X X X
Transient Occupancy Tax (TOT) Ongoing X X X
Parcel Tax Ongoing X X X
Vacant Parcel Tax Ongoing X X X
Infrastructure Bond Influx X
Housing Bond Influx X
Based on Council feedback provided during the March 19 Study Session and Council’s continued interest in placing a locally -controlled revenue measure on the November 2024 General Election ballot to maintain quality of life and financial stability, City staff partnered with outside experts to assess community interest in generating additional, locally-controlled revenue sources. Revenue measures surveyed in mid -May 2024 included an increased Transaction s and Use (Sales) Tax rate and an increased Transient Occupancy Tax (TOT) rate. A summary of the survey results will be provided in the discussion section of this report.
Given due consideration of staff information provided as well as public feedback, the recommended action in this report would allow Council to enact an Ordinance to place a 1/2 cent Transactions and Use (Sales) Tax measure on the November 5, 2024 ballot.
DISCUSSION
Fiscal Conditions Assessment
Over the course of the prior fiscal year (FY 2024), staff provided City Council with several updates on the City’s fiscal condition and growing concerns regarding the City’s long-term ability to simply maintain existing service levels given primary revenue sources that have not kept pace with a rapid rise in costs. As noted in the following updates, this has created a structural deficit within the General Fund and the need for long-term solutions that build fiscal resiliency:
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Introduction of Transaction and Use Tax Ordinance Page 3 of 9
· FY 2024 Mid-Year Financial Update (March 5, 2024) · FY 2025 Budget Study Session (May 7, 2024)
· FY 2025 Budget Introduction (June 4, 2024)
· FY 2025 Budget Adoption (June 18, 2024)
The reports listed above and staff’s most recent update of the City’s Seven-Year Financial Forecast indicated a $3.9 million structural deficit in FY 2025 (before short - term corrective strategies were implemented) as well as structural deficits ranging from $1.9 million to $3.9 million in outer years of the forecast through FY 2031. Primary factors contributing to these forecasted structural deficits were detailed in the previous updates, but again include several items which are largely outside the City’s control and include the following:
• Loss of several significant sales tax generators in FY 2024 , which reduces ongoing sales tax revenue by approximately $600,000 annually and limits future growth.
• Increased annual payment of $1.25 million to the CalPERS retirement system in FY 2025 for the City’s required contribution towards its unfunded actuarial liability (UAL) . UAL payment growth is expected to normalize in future fiscal years, but the payment level itself will still remain elevated and not decrease from the FY 2025 UAL payment level.
• $379,880 increase in annual General Liability and Property Insurance premiums charged by the City’s risk sharing pool (PLAN JPA) in FY 2025. As detailed in the most recent update of the City’s Seven -Year Financial Forecast, the insurance market has been negatively impacted by climate change, changing weather patterns, more frequent and severe storms and wildfires, social inflation, nuclear jury verdicts, general inflation, and rising litigation costs. As such, General Liability Insurance premiums are expected to grow 15% annually over duration of the forecast and Property Insurance premiums are expected to growth 5% annually over the duration of the forecast. The City has not seen less than a 25% increase in its combined annual insurance premiums since FY 2019.
• Increased annual payment of $366,013 to Santa Clara County Fire District (SCCFD) in FY 2025 to pay for contractual fire services. Such increases are set by contractual formula each year (established July 1, 2018 and effective until June 30, 2028) and factor in the change in the Consumer Price Index (CPI), change in Firefighter/Engineer compensation, and change in Assessed Property Valuations within Campbell. Each carries a weight of 50%, 25%, and 25%, respectively, and the total fire services contract shall increase by no less than 2% and no more than 5% annually.
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Introduction of Transaction and Use Tax Ordinance Page 4 of 9 Taken on their own, the three (3) significant expenditure increase areas coupled with sizeable sales taxes losses detailed above contributed $2.60 million to the City’s projected General Fund operating deficit in FY 2025 (and beyond) and are again largely outside the City’s control. Other factors that contributed to the projected operating deficit in FY 2025 include scheduled 3% contractual cost of living adjustments (COLA) for all bargaining units per negotiated MOUs (with all expiring June 30, 2025 or December 31, 2025), 8% assumed healthcare premium increases across all plans, increases to utility rates, and generally elevated inflation across all service areas of the City.
In addition to limiting the City’s ability to simply maintain existing service levels, the City’s fiscal condition also places significant constraints on its ability to address aging infrastructure and increasing deferred maintenance issues. As Council may recall, on November 6, 2018, City of Campbell voters approved Measure O with a ‘Yes’ vote of
69.5% by the citizens that voted in the General Election. Bonds pursuant to Measure O were authorized to be issued in the aggregate amount of up to $50 million to construct and/or renovate City facilities to house Police and Library services.
While addressing the public safety and library buildings was a strong step forward for the City and an investment in the future, the City owns a number of other buildings such as City Hall, the Campbell Community Center, the Corporation Yard, and two Fire Stations, which are older, increasingly expensive to maintain as critical systems fail, and would benefit from significant rehabilitation or replacement. To aid in the analysis of ongoing infrastructure maintenance and repair needs, the following Workplan item was assigned to the Public Works, Finance, and Recreation Departments in the FY 2024 Adopted Budget:
Using results of completed facilities condition assessment, collaborate with the Public Works and Recreation and Community Services Departments to prepare capital projects to address Citywide deferred maintenance issues in future Capital Improvement Plans (CIP) LEAD DEPARTMENT - Public Works [Council Priority – Financial Stability]
The Facilities Conditions Assessment was recently completed by an experienced consultant; with full results to be presented to Council at the August 20, 2024 Regular Meeting. To provide some high -level numbers though, the conditions of 36 City buildings (446,904 square feet) with a current replacement value (CRV) of $219.10 million were assessed. In discussions between the consultant and City staff, $42.4 million of deferred maintenance issues were identified that would be beneficial for the City to address over the next 5 years. Obviously, the City does not have the current funding capacity nor the staff bandwidth to address all recommended deferred maintenance issues over the next 5 years. Nevertheless, it is useful to understand the magnitude of the issues at hand so that they can be addressed in a strategic manner through realistic and achievable objectives. And based on follow up discussions between the consultant and City staff, it is believed that existing staff would have the bandwidth to take on the most highly critical projects at a cost of between $2 million and $3 million annually over the next 5 years.
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Introduction of Transaction and Use Tax Ordinance Page 5 of 9 While addressing deferred maintenance issues sooner rather than later helps to ensure that more expensive issues don’t arise in the future, another option for the City is to construct new City facilities (similar to the Police building) or completely renovate existing City facilities (similar to the Library building). Based on the current construction estimates for the Police and Library buildings, very preliminary fiscal analysis, and the number of other older buildings that the City owns, between $100 million to $150 million may be needed to construct or renovate key City facilities such as City Hall, the Campbell Community Center, the Public Works Corporation Yard, and two (2) City owned Fire Stations operated by the Santa Clara County Fire Department (SCCFD).
And lastly, as identified in the City’s Adopted 2025 – 2029 Capital Improvement Plan (CIP), the City also has other unfunded and necessary capital projects totaling $84.2 million. Large unfunded capital items include ADA Accessibility Ramps ($9.0 million), Deferred Street Maintenance ($20.5 million), Campbell Priority Development Area (PDA) Street, Sidewalk, and Intersection Enhancements in the Downtown Area ($2.0 million), Downtown Alleyway Improvements ($1.5 million), Median Landscaping along Hamilton Avenue ($1.0 million), Community Center Pool Improvements ($5.4 million), Downtown Safety Bollards ($1.0 million), Future Park Acquisition to Meet Population Needs ($12.0 million), San Tomas Creek Trail Construction ($5.3 million), City Hall Renovations and Misc. Civic Center Improvements ($21.8 million). Please note that some of these unfunded projects may also be included within the Facilities Conditions Assessment and other numbers previously discussed.
Community Survey Overview
As previously mentioned, City staff partnered with outside experts to assess community interest in generating additional, locally -controlled revenue sources. Revenue measures surveyed in mid -May 2024 included an increased Transaction s and Use (Sales) Tax rate and an increased Transient Occupancy Tax (TOT) rate. 652 interviews were conducted with likely November 2024 voters using both telephone and online interview methods. Surveys were conducted in English and Spanish and sought to gauge the community’s satisfaction with City services and leadership, knowledge of fiscal and other issues affecting the City, and overall receptiveness to revenue measures. Here are some key, high-level results of the survey:
• Broad Topics
o 52% of survey respondents were optimistic about the City’s direction; while only 16% were pessimistic.
▪ For those able to offer an opinion, views of City Council and City government are generally positive. 42% had a favorable opinion overall and only 12% had an unfavorable opinion.
▪ Large majorities are satisfied with the local quality of life and City services; with 86% being very satisfied or somewhat satisfied with the quality of life in Campbell and only 13% being somewhat dissatisfied or very dissatisfied.
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▪ Cost of living issues are clearly seen as the most pressing problems facing the City, with cost of housing ranking as an extremely or very serious problem for 64% of respondents and cost of living ranking as an extremely or very serious problem for 60% of respondents.
▪ Most feel that crime in Campbell has stayed the same over the past five years – consistent with 2015; where 41% said it remained the same in both survey years.
▪ 89% feel safe in their own neighborhoods; with 10% feeling somewhat or very unsafe.
▪ Fewer than half (43%) see “ great” or “some need” for new funding – and one-quarter (25%) are unsure. 32% see little or no real need.
• View of Potential Revenue Measures
o The general -purpose Transactions and Use (Sales) Tax measure has support from three in five or 60% of voters surveyed, for a measure requiring a simple majority.
o Nearly two -thirds or 64% support the TOT measure . 26% do not support and 10% are undecided.
• Investment Priorities
o Voters’ top priorities for funding include emergency medical services and safe public spaces ; with both ranking as an extremely or very important issue for 84% of respondents.
o Broad segments also value supporting local businesses and maintaining local control over funds ; with both ranking as an extremely or very important issue for 71% of respondents.
o Respondents did not rank investments in sidewalks, senior services and street trees as highly, but were still enthusiastic overall; with all categories ranking as an extremely or very important issue for 53-60% of respondents.
o Spending city revenues to encourage building more affordable housing is a lower priority; ranking as an extremely or very important issue for 45- 52% of respondents.
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Introduction of Transaction and Use Tax Ordinance Page 7 of 9 • Measure Viability Conclusions
o Both a sales tax and a transient occupancy tax (TOT) start with similarly broad but not especially intense support.
o However, support for both measures intensified after providing respondents with information about the need for investments.
o Critical information did push support down for both measures, though both still remained above a majority vote threshold.
o While its prospects appear somewhat less certain than a TOT measure, these results suggest that a sales tax measure —which would generate significantly more revenue for the city than a TOT measure —is potentially viable this November, particularly if a community-based support emerges.
• Other Notes
o At the end of the survey, voters were also asked conceptually about updating the business license tax . Slim majorities ( 51%) support a potential business license tax modification based on gross payroll or square footage; dependent on business type.
Staff Recommendation
Based on the City’s structural deficit issues, increasing to as much as $3.9 million over the course of its Seven -Year Financial Forecast, as well as significant demand for financial resources to address aging infrastructure and increasing deferred maintenance issues, staff recommends placing a 1/2 cent Transactions and Use (Sales) Tax on the November 5, 2024 election ballot . This has support of 60% of those surveyed and would generate approximately $7.0 million per year. Such an increase in ongoing, locally-controlled revenues, would not only help the City to rectify its structural deficit issues, but also allow it to build up necessary reserves to address significant aging infrastructure and deferred maintenance concerns. Excess revenue over what is needed to fund daily operations and services could also be leveraged to issue debt should the City wish to construct new facilities or significantly renovate existing facilities .
In this instance, added revenue not needed to address structural deficit issues could be the security and source of funding for debt service payments to construct new facilities or significantly renovate existing facilities . And lastly, as was discussed during the November 21, 2023 Study Session, the City has significant unfunded pension liabilities, which can increase greatly and require a payment of $6.5 million in FY 2025 and an estimated payment of $6.8 million in FY 2026. Given additional funding, the City could work to systematically pay down some of those unfunded liabilities and reduce overall costs to the City so that pension costs were not such a large percentage of annual costs; freeing up resources for other critical City services.
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Introduction of Transaction and Use Tax Ordinance Page 8 of 9 In short, the City has numerous financial needs and a 1/2 cent Transactions and Use (Sales) Tax, generating approximately $7.0 million per year, would allow the City to not only address its most pressing current issues, but also build up long -term fiscal resiliency so that the need for increased taxes becomes less likely in the future.
Nevertheless, the passage of such a measure by voters is not guaranteed nor assumed by City staff. As such, should the City not be able to secure additional revenue sources, service level and expenditure reductions may be necessary to correct the structural imbalances in the General Fund detailed previously. As such, the Executive Team will engage in collaborative meetings over the next several months to discuss potential 5 - 10% service level reductions and their associated impacts on City operations and the community. If necessary, the corrective budget actions would be implemented at the mid-point of FY 2025 or the beginning of FY 2026; subject to further Council discussion and approval.
Key Dates
The following is a list of key dates should Council wish to place a1/2 cent Transactions and Use (Sales) Tax on the November 5, 2024 general election ballot:
• July 16 - Introduce and hold first reading of ordinance
• August 8 - Adopt and hold second reading of ordinance and adopt resolution submitting to the Registrar of Voters (ROV)
• August 9 - Submit materials to the ROV
• August 19, by 12:00 P.M. - Supporting Arguments due to the City Clerk’s office
• August 29, 2024 by 12:00 P.M. - Impartial Analysis by City Attorney due to City Clerk’s office
• August 29, 2024 by 12:00 P.M. - Rebuttal Arguments due to City Clerk’s office
FISCAL IMPACT
It is anticipated that a 1/2 cent Transactions and Use (Sales) Tax will raise approximately $7.0 million in additional revenue for the General Fund. This would be in addition to the City’s current 1/4 cent Transactions and Use (Sales) Tax (approved in 2008 via Measure O) , which generates approximately $3.5 million in locally -controlled revenue for the City annually.
The City will incur an estimated cost of $133,000 to place a measure on the ballot with the Santa Clara County Registrar of Voters. Adequate funds have been allocated in the FY 2025 Adopted Budget for a ballot measure as well as two (2) district elections under the City Clerk’s Office and account 101.511.7436. Additionally, $100,000 was added to the FY 2024 City Manager expenditure budget at mid -year for ballot measure polling 12 Packet Pg. 444
Introduction of Transaction and Use Tax Ordinance Page 9 of 9 and community engagement, ballot measure language and structure development, legal services, and other related expenses.
ALTERNATIVES
1. Approve moving forward with a Transactions and Use (Sales) Tax revenue ballot measure at this time, but at a lessor 1/4 cent rate.
2. Do not approve moving forward with a Transactions and Use (Sales) Tax revenue ballot measure at this time.
3. Consider another type of revenue measure in a future election, such as a Transient Occupancy Tax (TOT) adjustment or Business License Tax (BLT) modernization. Increasing the TOT rate from 12% to 16% could generate up to $1.5 million annually in additional revenues. The fiscal impacts of a BLT modernization are unknown at this time pending more extensive analysis.
4. Provide other direction.
Prepared by:
Will Fuentes, Finance Director
Approved by:
Brian Loventhal, City Manager
Attachment:
a. Draft Ordinance for Ballot Measure
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF CAMPBELL AMENDING CHAPTER 3.09, OF TITLE 3 OF THE CAMPBELL MUNICIPAL CODE IMPOSING A TRANSACTIONS AND USE (SALES) TAX TO BE ADMINISTERED BY THE CALIFORNIA DEPARTMENT OF TAX
AND FEE ADMINISTRATION
WHEREAS, the City of Campbell has authority, pursuant to Article XIIIC of the California Constitution and Revenue and Tax Code section 7285.9 et seq. to propose a transactions and use tax to be adopted by a majority vote of qualified voters, and is authorized by Elections Code section 9222 to submit an ordinance directly to the voters at the general election to be held on November 5, 2024,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAMPBELL DOES ORDAIN AS FOLLOWS:
Section 1. Amendment. Contingent upon approval by the voters at the election of November 5, 2024, and authorization of the proposed one-half cent increase in the City’s transaction and use tax by legislation of the State of California , Chapter 3.09, “ City of Campbell Transactions and Use Tax” of Title 3 of the Campbell Municipal Code is hereby amended to read in its entirety as follows:
3.09.010 Short title.
This chapter shall be known as the City of Campbell Transactions and Use Tax.
3.09.020 Purpose.
Pursuant to the requirements of the California Department of Tax and Fee Administration, this chapter is adopted to achieve the following, among other purposes, and directs that the provisions of this chapter be interpreted in order to accomplish those purposes:
(a) To impose a retail transactions and use tax to be applied throughout the entire territory of the city to the fullest extent permitted by law and in accordance with the provisions of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Section 7285.9 of Part 1.7 of Division 2 of the Revenue and Taxation Code, which authorizes the city to adopt this chapter if a majority of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose. (b) To adopt a retail transaction and use tax ordinance that incorporates provisions identical to those of the sales and use tax law of the State of California insofar as those provisions are not inconsistent with the requirements and limitations contained in Part
1.6 of Division 2 of the Revenue and Taxation Code.
(c) To adopt a retail transactions and use tax ordinance that imposes a tax and provides a measure therefor that can be administered and collected by the California Department of Tax and Fee Administration in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the California Department of Tax and Fee Administration in administering and collecting the California State sales and use taxes.
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(d) To adopt a retail transactions and use tax ordinance that can be administered in a manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions and use taxes, and at the same time, minimize the burden of record keeping upon persons subject to taxation under the provisions of this chapter. (e) To provide transactions and use tax revenue to the city to be used to fund city services, including, but not limited to: maintaining neighborhood police patrols, fire protection, 911 emergency response times, maintaining crime suppression and investigation, city streets and pothole repair, parks and recreation, job creation and economic improvement programs, senior and youth services, and with any transactions and use tax revenue received being placed into the city’s general fund.
(f) To provide transaction and use tax revenue to the city that can be spent for unrestricted general revenue purposes.
3.09.030 Operative date;
If approved by State legislation, this chapter shall be operative on the first day of the first calendar quarter commencing at least 110 days after the adoption of the ordinance codifying this chapter and approval by a vote of the electorate, in accordance with Revenue and Tax Code section 7265.
3.09.040 Contract with state.
Prior to the operative date, the city shall contract with the California Department of Tax and Fee Administration to perform all functions incident to the administration and operation of this transactions and use tax ordinance; provided, that if the city shall not have contracted with the California Department of Tax and Fee Administration prior to the operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the first calendar quarter following the execution of such contract.
3.09.050 Transactions tax rate.
For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated territory of the city at the rate of three-quarters of one percent of the gross receipts of any retailers for the sale of all tangible personal property sold at retail in said territory on and after the operative date of this chapter.
3.09.060 Place of sale.
For the purposes of this chapter, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer, or his or her agent, to an out -of-state destination or to a common carrier for delivery to an out-of-state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the state sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the state, or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the California Department of Tax and Fee Administration.
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3.09.070 Use tax rate.
A use tax is hereby imposed on the storage, use, or other consumption in the city of tangible personal property purchased from any retailer on and after the operative date of this chapter for storage, use, or other consumption in said territory at the rate of three- quarters of one percent of the sales price of the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery is made.
3.09.080 Adoption of provisions of state law.
Except as otherwise provided in this chapter and except insofar as they are inconsistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this chapter as though fully set forth herein.
3.09.090 Limitation on adoption of state law and collection of use taxes.
In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code:
(a) Wherever the State of California is named or referred to as the taxing agency, the name of this city shall be substituted. The substitution, however, shall not be made when:
(1) The word “state” is used as a part of the title of the State Controller, State Treasurer, State Board of Control, California Department of Tax and Fee Administration, State Treasury, or the Constitution of the State of California. (2) The result of that substitution would require action to be taken by or against this city or any agency, officer, or employee thereof rather than by or against the California Department of Tax and Fee Administration, in performing the functions incident to the administration or operation of this chapter.
(3) In those sections, including, but not necessarily limited to, sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to:
(i) Provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the state under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code; or
(ii) Impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the state under the said provision of that code.
(4) In Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code. (b) The word ‘‘city” shall be substituted for the word “state” in the phrase “retailer engaged in business in this state” in Section 6203 and in the definition of that phrase in Section 6203 of the Revenue and Taxation Code.
(c) “A retailer engaged in business in the District” shall also include any retailer that, in the preceding calendar year or the current calendar year, has total combined sales of tangible personal property in this state or for delivery in the state by the retailer and all
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persons related to the retailer that exceeds five hundred thousand dollars ($500,000). For purposes of this section, a person is related to another person if both persons are related to each other pursuant to Section 267(b) of Title 26 of the United States Code and the regulations thereunder.
3.09.100 Permit not required.
If a seller’s permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional seller’s permit shall not be required by this chapter.
3.09.110 Exemptions and exclusions.
(a) There shall be excluded from the measure of the transactions and the use tax the amount of any sales tax or use tax imposed by the State of California or by any city, city and county, or county pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law or the amount of any state-administered transactions or use tax. (b) There are exempted from the computation of the amount of transactions tax the gross receipts from:
(1) Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the county in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this state, the United States, or any foreign government.
(2) Sales of property to be used outside the city which is shipped to a point outside the city, pursuant to the contract of sale, by delivery to such point by the retailer or his or her agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this paragraph, delivery to a point outside the city shall be satisfied:
(i) With respect to vehicles (other than commercial vehicles) subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, and undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code by registration to an out -of- city address and by a declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact , his or her principal place of residence; and
(ii) With respect to commercial vehicles, by registration to a place of business out-of-city and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from that address. (3) The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the operative date of the ordinance codified in this chapter.
(4) A lease of tangible personal property which is a continuing sale of such property, for any period of time for which the lessor is obligated to lease the property for an amount fixed by the lease prior to the operative date of the ordinance codified in this chapter. (5) For the purposes of subsections (b)(3) and (b)(4) of this section, the sale or lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the
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unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.
(c) There are exempted from the use tax imposed by this chapter, the storage, use or other consumption in this city of tangible personal property:
(1) The gross receipts from the sale of which have been subject to a transactions tax under any state-administered transactions and use tax ordinance. (2) Other than fuel or petroleum products purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this state, the United States, or any foreign government. This exemption is in addition to the exemptions provided in Sections 6366 and 6366.l of the Revenue and Taxation Code of the State of California. (3) If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the operative date of this chapter. (4) If the possession of, or the exercise of any right or power over, the tangible personal property arises under a lease which is a continuing purchase of such property for any period of time for which the lessee is obligated to lease the property for an amount fixed by a lease prior to the operative date of this chapter. (5) For the purposes of subsections (c)(3) and (c)(4) of this section, storage, use, or other consumption, or possession of, or exercise of any right or power over, tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised. (6) Except as provided in subsection (c)(7) of this section, a retailer engaged in business in the city shall not be required to collect use tax from the purchaser of tangible personal property, unless the retailer ships or delivers the property into the city or participates within the city in making the sale of the property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer in the city or through any representative, agent, canvasser, solicitor, subsidiary, or person in the city under the authority of the retailer. (7) “A retailer engaged in business in the city” shall also include any retailer of any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, or undocumented vessels regis tered under Division 3.5 (commencing with Section 9840) of the Vehicle Code. That retailer shall be required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address in the city.
(d) Any person subject to use tax under this chapter may credit against that tax any transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with respect to the sale to the person of the property the storage, use or other consumption of which is subject to the use tax.
(e) Nothing in this chapter shall be construed as imposing a tax upon any person or service when the imposition of such tax upon such person or service would be in violation of a federal or state statute, the Constitution of the United States, or the Constitution of the
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State of California.
3.09.120 Amendments.
(a) All amendments subsequent to the effective date of this chapter to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to Part 1.6 and Part 1.7 of Division 2 of the Revenue a nd Taxation Code, shall automatically become a part of this chapter, provided however, that no such amendment shall operate so as to affect the rate of tax imposed by this chapter. (b) The city council may otherwise amend this chapter without submitting the amendment to the voters for approval in any manner which does not constitute a tax “increase” as that term is defined in Government Code section 53750(h). The city council may amend this chapter without voter approval provided such amendments do not increase the tax rate; extend the duration of the tax; revise the methodology for calculating the tax, such that a tax increase would result; impose the tax on transactions and uses not previously subject to the tax (unless such amendment occurs automatically by operation of law); or terminate the tax.
(c) Notwithstanding any provision to the contrary, any proposed change to the tax rate imposed under this chapter shall be submitted to the vote of the people.
3.09.130 Enjoining collection forbidden.
No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action, or proceeding in any court against the state or the city, or against any officer of the state or the city, to prevent or enjoin the collection under this chapter, or Part 1.6 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected.
3.09.140 Audit Requirements.
The proceeds resulting from the transactions and use tax shall be deposited into the city’s general fund and become subject to the same audit requirements as other general fund revenue. Any auditor’s report shall include an accounting of the revenues received from the transactions and use tax and shall be presented to the city council and made available for public review.
Section 2. Compliance with CEQA. The City Council hereby finds that the action to adopt this Ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA), under Section 15061(b)(3) of the CEQA Guidelines (14 Cal. Code Regs. 15000 et seq.) because it can be seen with certainty that there is no possibility that the adoption of this Ordinance may have a significant effect on the environment.
Section 3. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it should have adopted the Ordinance and each section, subsection, sentence, clau se, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional.
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Section 4. Passage. The City Clerk is hereby ordered and directed to certify the passage of this Ordinance by the City Council of the City of Campbell, California, and cause the same to be published in accordance with State law.
Section 5. Effective Date. This Ordinance shall go into effect in accordance with Elections Code Section 9217, and shall be deemed adopted and become effective only if approved by a majority of the eligible voters of the City of Campbell voting thereon, at an election to be held on November 5, 2024, and shall take effect ten (10) days after the City Council has certified the results of that election by resolution. The levying and collection of the transaction and use tax shall be as specified in the Ordinance.
Section 6. Termination Date. The authority to levy the tax imposed by this ordinance shall continue until ended by voters.
PASSED AND ADOPTED by the voters of the City of Campbell this November 5, 2024.
***
It is hereby certified that this Ordinance was duly adopted by the voters at the November 5, 2024 election, and that the City Council declared the results of such election, in the manner required by law, at a meeting of the City Council held on by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
________________________
Susan M. Landry, Mayor
ATTEST: APPROVED AS TO FORM:
________________________
Andrea Sanders, City Clerk William Seligmann, City Attorney
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City
Council
Report
TITLE: Resolution Authorizing an Ad Valorem Tax Levy Based on a Debt Service Estimate to be Provided to Santa Clara County Regarding General Obligation Bonds for Fiscal Year 2024 -25 (Resolution/Roll Call Vote)
RECOMMENDED ACTION
That the City Council adopt a resolution authorizing an ad valorem tax levy based on a debt service estimate to be provided to Santa Clara County regarding general obligation bonds for Fiscal Year 2024-25.
BACKGROUND
On November 6, 2018, City of Campbell voters approved Measure O with a ‘Yes’ vote of 69.5% by the citizens that voted in the General Election. Bonds issued pursuant to Measure O were authorized to be issued in the aggregate amount of up to $50 million to construct and/or renovate City facilities to house Police and Library services, as described in the Measure O ballot materials. On August 5, 2021, the City issued $20,000,000 in the first series of Measure O Bonds. On June 22, 2022, the City issued the second and final series of bonds ($30,000,000). Annual debt service for both bonds is approximately $2,600,000 per year.
DISCUSSION
The City has set the ad valorem property tax levy since 2019 -20 with rates increasing slightly through 2022 -23 tax year , leveling off, and then decreasing in FY 2023 -24 as shown in Table 1 below:
Table 1 – Measure O Tax Rate History
Fiscal Year (FY) Rate
2019-20 $10.00 per $100,000 (0.0100%)
2020-21 $10.00 per $100,000 (0.0100%)
2021-22 $17.50 per $100,000 (0.0175%)
2022-23 $20.00 per $100,000 (0.0200%)
2023-24 $17.50 per $100,000 (0.0175%)
It is anticipated that as the City’s total assessed value continues to increase and given level debt service payments, the tax rate can continue to decrease each year until all Item: 13
Category: NEW BUSINESS
Meeting Date: July 16, 2024
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Authorization of FY 2024-25 Measure O Tax Rate Page 2 of 4 the bonds are paid off (Fiscal Year 2050 -51). The purpose of this report is to request Council authorization to establish a FY 2024 -25 tax levy that is sufficient to pay for actual debt service for the Measure O) general obligation bonds. Thus, staff recommends the City Council authorize the placement of an ad valorem tax levy of $17.00 per $100,000 (0.0170%) of assessed valuation on taxable property within the City of Campbell on the FY 2024 -25 tax roll for the purposes stated above. This is a decrease from the 2023 -24 rate of $17.50 per $100,000 (0.0175%) of assessed valuation shown in Table 1 above. Approval of the levy will allow City staff to communicate the approved ad valorem tax levy and associated debt service estimate to Santa Clara County by their enrollment deadline of July 25, 2024 , for FY 2024 -25 tax assessments.
Levying property tax in FY 2024-25 will help to ensure that the tax rate does not exceed the projected maximum tax rate of $27.33 per $100,000 (0.0273%) estimated in the Measure O Tax Rate Statement and tax revenues collected are able to fully support all debt service costs. As such, with guidance from the City’s municipal advisors, staff recommends that the ad valorem tax levy for FY 2024 -25 be set at a rate of $17.00 per $100,000 (0.0170%). This rate is sufficient to meet estimated debt service needs in FY 2024-25.
The original financing plan and Tax Rate Statement provided to City of Campbell voters again estimated an average tax rate of $19 per $100,000 of assessed valuation of all property to be taxed and a maximum tax rate of $27.33 per $100,000 of assessed valuation over the term of all Measure O bond issuances. Total debt service costs were estimated to be $90.5 million. Based on the final issuance of the entire Measure O general obligation bond authorization, the total net debt service will be $77,658,020 (representing a reduction of $12,841,980 based on what was represented to the City voters). The average tax rate is now estimated to be $14.25 per $100,000 of assessed valuation, a maximum tax rate of $20.00 per $100,000 of assessed valuation, and total debt service costs of $77.7 million. Chart 1 below, provides a comparison of originally projected tax rates and currently projected tax rates given City the recommendations before Council:
Chart 1 – Campbell Measure O Tax Rate Projection
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Authorization of FY 2024-25 Measure O Tax Rate Page 3 of 4
Based on estimated projections by the County Assessor’s Office, the City should anticipate 4.25% growth for taxable property within the City of Campbell for FY 2024-25, generating a tax levy of approximately $2,600,000 in Fiscal Year (FY) 2025. This is consistent with what is estimated in the FY 2025 Adopted Budget and no further budget adjustments are needed at this time. For reference, tax revenues collected may only be used only to pay debt service due on Measure O general obligation bonds.
All tax revenues collected, and all bond proceeds received, have and will be placed into separate Measure O funds and will be segregated from the City’s General Fund. Tax revenues collected and debt service costs are shown in City Fund 348 (Measure O Bond). Tax revenues can again only be used to pay for debt service costs and cannot pay for project costs. All bond proceeds and project costs are shown in City Fund 448 (Measure O Capital Projects). Project costs will be paid by bond proceeds as will City project costs incurred to date and in the future.
FISCAL IMPACT
If approved, a Measure O property tax levy of $17.00 per $100,000 (0.0170%) of assessed valuation within the City of Campbell in FY 2024 -25 will generate approximately $2,600,000 and support debt service payments.
ALTERNATIVES
1. Do not adopt the resolution and provide alternate payment sources for the outstanding general obligation bonds and provide direction to staff. 13 Packet Pg. 455
Authorization of FY 2024-25 Measure O Tax Rate Page 4 of 4
Prepared by:
Shannon Brangan, Administrative Analyst I
Reviewed by:
Will Fuentes, Finance Director
Approved by:
Brian Loventhal, City Manager
Attachment:
a. Resolution - Measure O Tax Levy FY 2024-25
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1 RESOLUTION NO. ____
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
AUTHORIZING AN AD VALOREM TAX LEVY BASED ON A DEBT
SERVICE ESTIMATE TO BE PROVIDED TO SANTA CLARA COUNTY
RESPECTING UNSOLD GENERAL OBLIGATION BONDS
FOR FISCAL YEAR 2024-25
WHEREAS, more than two-thirds of the electors voting at a n election duly and regularly held in the City of Campbell (the “City”) on November 6, 2018, voted in favor of a bond measure known as Measure O (the “Bond Measure”), authorizing the issuance by the City of general obligation bonds in the aggregate principal amount of $ 50,000,000 for the purpose of providing funds for certain municipal improvements; and
WHEREAS, on August 5, 2021, the City issued an initial series of bonds pursuant to the authority of the Bond Measure in an aggregate principal amount of $20,000,000 (the “Series A Bonds”); and
WHEREAS, on June 22, 2022, the City issued a subsequent and final series of the Bonds pursuant to the authority of the Bond Measure in an aggregate principal amount of $30,000,000 (the “Series B Bonds” and, together with the Series A Bonds, the “Bonds”); and
WHEREAS, the City requires a tax to be placed on the 2024-25 tax roll to provide for payments of any principal or interest coming due on the Bonds; and
WHEREAS, the City Council of the City (the "City Council") wishes to inform the County of Santa Clara (the “County”) of the necessity to levy a tax for the Bonds; and
WHEREAS, the City Council wishes at this time to separately authorize the City Manager and the Finance Director to make certain communications with the County respecting the foregoing.
THEREFORE, BE IT RESOLVED that the City Council hereby finds, determines, declares and resolves as follows:
Section 1. Recitals . The City Council hereby finds and determines that the foregoing recitals are true and correct.
Section 2. Information to County. The Mayor, the City Manager, the Finance Director and the City Clerk are each hereby separately authorized to (a) file a certified copy of this Resolution with the Clerk of the Board of Supervisors and such other County officials as the County shall require to facilitate such levy, and (b) provide, or cause to be provided, an estimate of debt service for the Bonds to the Auditor-Controller of the County.
Section 3. Request to County to Levy Tax. The Board of Supervisors of the County is hereby requested to adopt a tax rate of $17.00
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2 per $100,000 (0.0170%) with respect to the City, based upon the final debt service schedules for the Bonds, and to levy a tax in fiscal year 2024-25 on all taxable property in the City sufficient to pay the estimated debt service.
Section 4. Application of Tax . As provided in Section 43634 of the California Government Code, all taxes levied pursuant to this Resolution shall be used only for payment of the Bonds and the interest thereon.
Section 5. Effective Date. This resolution shall take effect immediately upon its adoption.
***************
I, Andrea Sanders, hereby certifies that the foregoing Resolution No. ___ was adopted at a regular meeting of the Campbell City Council on July 16, 2024, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
APPROVED:
Susan M. Landry, Mayor
ATTEST:
Andrea Sanders, City Clerk
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Attachment: Resolution - Measure O Tax Levy FY 2024-25 (Authorization of FY 2024-25 Measure O Tax Rate)
City
Council
Report
TITLE: Proposed Modifications to the Campbell Community Center Building Use Policy and Amendment to the Fee Schedule for FY25
(Resolution/Roll Call Vote)
RECOMMENDED ACTION
That the City Council adopt a resolution approving the modifications to the Campbell Community Center Building Use Policy, and amendments to the FY25 Fee Schedule.
BACKGROUND
The Building Use Policy is designed to set clear policies, procedures, regulations and fee schedules for the public’s use of the City’s public rooms (banquet halls, gymnasiums, meeting rooms, etc.) at the Campbell Community Center. The policy contains descriptions of the facilities available, defines user groups and priorities, and provides rules and regulations specific to the rental use of the facilities. The Building Use Policy was last updated and approved by City Council on August 15, 2022. Since that time, modifications to the schedule of fees and charges are reviewed and approved by the City Council annually during the budget process.
DISCUSSION
In an effort to update the policy to provide the most up to date information to all potential rental clients, staff periodically reviews and updates this policy. The proposed changes reflect changes to the Community Center Facility along with the addition of the Community Center Pool as a facility available for rent.
The proposed modifications to the Community Center Building Use Policy are indicated by strike outs (for information to be removed) or in red (new verbiage) in the attached Building Use Policy Redlined Version (Attachment B) and include the following:
• Addition of the Pool as part of the rentable facilities at the Campbell Community Center;
• Updated instructions on the reservation process modifying the amount of time a facility will be held for a rental client and more clearly defining when payment is due to confirm rental space;
Item: 14
Category: NEW BUSINESS
Meeting Date: July 16, 2024
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Modify Building Use Policy and Amend Fee Schedule Page 2 of 3 • Clarification and adjustment on security requirements for specific rental requests and a change to the number of attendees and length of event that will trigger the need for security;
• Additional language added to clarify if policies are disregarded, refundable damage deposit can be withheld;
• Clarification on minimum rental times specific to the gymnasiums; • Language on fee pages to match Fee Schedule effective July 1, 2024; • Other minor updates, edits and/or clarifications; and • Modify Fee Schedule to update security fees as a pass -through to rental client that match current vendor fees and to align with language in the Community Center Building Use Policy.
FISCAL IMPACT
The changes proposed in this report will have no fiscal impact.
ALTERNATIVES
1. Do not accept changes to the Community Center Building Use Policy and FY 2025 Fee Schedule
2. Provide other direction to Staff.
Prepared by:
Iseth Rae, Recreation Supervisor
Reviewed by:
Natasha Bissell, Recreation and
Community Services Director
Approved by:
Brian Loventhal, City Manager
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Attachment:
a. Resolution - CCC Building Use Policy 2024
b. CCC-Building Use Policy - Redline Version July 2024 c. CCC-Building Use Policy - Clean Version formatting needed July 2024 d. FY25 Fee Schedule pg 33_redline
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RESOLUTION NO.______________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
TO UPDATE THE CAMPBELL COMMUNITY CENTER BUILDING USE POLICY AND AMEND THE FEE SCHEDULE FOR FY2025
WHEREAS, the City of Campbell operates the Community Center for a variety of uses including recreation programs, long-term leased facilities and short-term meeting, athletic and banquet spaces for private rental; and
WHEREAS, the Campbell Community Center Building Use Policy is designed to set clear policies, procedures, regulations and fee schedules for the public’s use of the City’s public rooms (banquet halls, gymnasiums, pool facility, meeting rooms, etc.) at the Campbell Community Center; and
WHEREAS, the Campbell Community Center Building Use Policy was last updated in August 2022.
WHEREAS, edits to the Policy related to the public reservation request process, timeline of payments, clarification on security requirements, general procedures and refundable deposit qualifications were required; and
WHEREAS, the addition of the Pool Facility was added to the list of facilities available to rent and incorporated into the policy; and
WHEREAS, the FY25 fee schedule needs to be amended to accurately reflect current security fees that are a pass-through cost to customers.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby adopts the updated Campbell Community Center Building Use Policy for the Recreation and Community Services Department, effective July 17, 2024 and amend the FY25 fee schedule.
PASSED AND ADOPTED this 16th day of July, 2024 by the following roll call vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
APPROVED:
_______________________
Susan M. Landry, Mayor
ATTEST:
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Attachment: Resolution - CCC Building Use Policy 2024 (Modify Building Use Policy and Amend Fee Schedule) ____________________________________
Andrea Sanders, City Clerk
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Attachment: Resolution - CCC Building Use Policy 2024 (Modify Building Use Policy and Amend Fee Schedule)
Recreation and Community Services Department
1 West Campbell Avenue, # C-31
Campbell, CA 95008
(P) 408.866.2104 ▪ (F) 408.374.6965866.2795
[email protected]
www.campbellca.gov/rentals
Office Hours
8:00 a.m. – 5:00 p.m. Monday – Friday
Campbell Community Center
Building Use Policy
Effective July 17, 2024
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I. INTRODUCTION ....................................................................................... 3 II. FACILITIES AVAILABLE .............................................................................. 3 III. PRIORITIES FOR USE ................................................................................ 6 IV. RESERVATION REQUESTS......................................................................... 7 Requests .................................................................................................. 7 When to Apply......................................................................................... 8 V. RULES AND REGULATIONS ...................................................................... 9 Decorations ............................................................................................. 9 Alcoholic Beverages ................................................................................. 9 Security Requirements .......................................................................... 10 Fund-Raising .......................................................................................... 10 Damages/Liability/Insurance Requirements ......................................... 11 Cancellations/Refunds ........................................................................... 11 Refundable Damage Deposit Requirements………………………………………12 General Regulations .............................................................................. 12 VI. SITE MAP ................................................................................................ 15 VII. Wifi ACCESS AT THE COMMUNITY CENTER… ........................................ 16 VIII. ON-SITE PUBLICITY POLICY .................................................................... 17 IX. FEES & CHARGES ................................................................................... 19 Fee Schedule for Weekday Uses ........................................................... 20 Fee Schedule for Weekend Uses ........................................................... 21 Processing Fees ..................................................................................... 22 Additional Charges ................................................................................ 22 Deposits ................................................................................................. 22 Equipment Use Policy & Fees ................................................................ 23
TABLE OF CONTENTS
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Attachment: CCC-Building Use Policy - Redline Version July 2024 (Modify Building Use Policy and Amend Fee Schedule) Effective 7/17/20243 Campbell Community Center ▪ Building Use Policy 4
The Campbell Community Center is a unique community service complex. The site, which formerly housed the city's only high school, was purchased by the City of Campbell from the Campbell Union High School District in August of 1985. The facility was purchased primarily for the purpose of preserving its open space and recreational facilities for the use and enjoyment of the citizens of Campbell. An added highlight was the preservation of the beautiful historic buildings that front Campbell Avenue. Many of the classroom buildings are leased to various non-profit organizations, educational institutions, and small businesses for the purpose of generating revenue to off-set the facility's operational costs. The City reserves specific areas to house the variety of recreation programs offered for citizens of all ages. The offices for the City's Recreation and Community Services Department are located on-site (Building C, Room 31).
When the City is not using the facilities for its classes and programs, it makes them available to the community for social, educational, athletic, and cultural activities. The available facilities include two banquet halls, several meeting rooms and classrooms, two gymnasiums, the football field, the plaza and adjacent athletic fields. In 2004 the City opened the newly renovated 800 -seat Heritage Theatre. The policies governing the use of this facility are not contained within this policy and, are available by contacting the Theatre Manager at (408) 866-2797 or visiting our website at www.campbellca.gov.
The purpose of the Building Use Policy is to assure that the facilities are utilized for recreational, cultural, educational, social and community service functions that meet the needs and interests of the community, as well as to set clear policies, procedures, regulations, and rental fees regarding such uses.
ORCHARD CITY BANQUET HALL (OCBH)
Maximum occupancy:
OCBH (Full Hall) OCBH North or South
Banquet Seating 299 125
Theater Seating 400 200
Classroom Seating 75 75
The Orchard City Banquet Hall (OCBH) is air -conditioned, has vinyl flooring and is suitable for large social gatherings, wedding receptions, banquets, meetings, etc. A dividing wall can separate this hall into two smaller rooms. It is equipped with wheelchair accessible restrooms, a full -service kitchen, wet bar and a lobby area that is immediately adjacent. Included in hall rental are tables, chairs, stage, piano, audio/visual equipment, and City staff to set-up and take-down City equipment and furnishings.
KITCHEN (in Orchard City Banquet Hall) Maximum occupancy – 15
The full-service kitchen contains ample stainless -steel tables and counters, large stainless -steel sinks (no garbage disposal), 2 Blodgett ovens, a 12-burner gas range, and a large walk-in refrigerator. A separate back entry provides convenient caterer access. NOTE: Utensils, cookware, silverware, dinnerware, towels, potholders, sponges, cleaning supplies, etc. are not provided.
I. INTRODUCTION
II. FACILITIES AVAILABLE
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ROOSEVELT REDWOOD ROOM (Q-80) Maximum occupancy: Banquet Seating - 125 Theater Seating – 200
Classroom Seating – 75
The Roosevelt Redwood Room (Room Q-80) is air-conditioned, has vinyl flooring and is furnished with motorized window shades. It is suitable for small social gatherings, wedding receptions, meetings, activities, etc. An adjacent kitchen contains a large refrigerator and freezer, a sink (no garbage disposal), an oven, microwave, and ample counter/workspace. Public restrooms are located nearby on the exterior of the building. Included in room rental rates are tables, chairs and City staff to set -up and take -down of City’s equipment and furnishings. NOTE: Utensils, cookware, silverware, dinnerware, towels, potholders, sponges, cleaning supplies, etc. are not provided.
MARY CAMPBELL ROOM (Q-84) Maximum occupancy: Theater Seating – 75 Classroom Seating – 50
The Mary Campbell Room (Room Q-84) is air-conditioned, has vinyl flooring, and offers tiered seating ideal for conferences, trainings and speaker meetings. Motorized window shades and a projector screen are included.
Public restrooms are located nearby on the exterior of the building. Included in room rental rates are tables, chairs and City staff to provide set-up and take-down of City’s equipment and furnishings. T h i s s p a c e i s n o t s u i t a b l e f o r b a n q u e t s t y l e e v e n t s . A l c o h o l i c b e v e r a g e s a r e n o t a l l o w e d i n t h i s r o o m .
MULTI-PURPOSE ROOM (M-50) Maximum occupancy: Banquet Seating – 100 Theater Seating – 120
Classroom Seating – 50
The Multi-Purpose Room (Room M -50) is air -conditioned, has tile floors, and mirrors on two walls. An adjacent kitchen contains refrigerator, sink (no garbage disposal), a microwave and ample counter space.
Restrooms are located inside the room. Included in rental rates are tables, chairs, and City staff to provide set-up and take- down of City’s equipment and furnishings. Customers must provide all their own utensils, towels, sponges, etc.
ADULT CENTER MEETING ROOM (C-35) Maximum occupancy: Banquet Seating – 60 Theater Seating – 80
Classroom Seating– 25
The Adult Center (50+) Meeting Room (Room C -35) is air -conditioned and carpetedhas vinyl flooring . It contains ample built -in counter space, a small sink (no garbage disposal), a microwave, small mini refrigerator, and a piano. Alcoholic beverages are not allowed in this room. Included in rental rates are tables, chairs, and City staff to provide set-up and take-down of City’s equipment and furnishings.
BOARD ROOM (E-42) Maximum occupancy: Theater Seating- 29 Classroom Seating – 20
The Board Room (Room E-42) is air-conditioned, has vinyl flooring, a built-in counter with a sink (no garbage disposal). This room is furnished with motorized black-out shades, and a white board. Alcoholic beverages are not allowed in this room. Included in the Board Room rental rates are tables, chairs and City staff to set-up and take-down the City’s equipment and furnishings.
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ACTIVITY ROOM (E-46) - Space is unavailable to reserve/rent. Location of the Campbell Express Library until 20242025.
The Activity Room (Room E-46) i s a ir - c o n d i t i o n e d , has vinyl floors, tall ceilings with exposed ducting, motorized black-out shades, and a whiteboard. There is a large residential style kitchen with ample counter space, refrigerator, oven, stove-top, microwave and sink (no garbage disposal). Included in Activity Room rental rates are tables, chairs, and staff to provide set-up and take-down of City’s equipment and furnishings. NOTE: Utensils, cookware, silverware, dinnerware, towels, potholders, sponges, cleaning supplies, etc. are not provided.
DANCE STUDIOS (M-47 & N-76) Maximum occupancy – 20
The Community Center has two (2) Dance Studios. N-76 is air-conditioned and has a hardwood floor, M-47 is also air-conditioned and has a Marley Floor. Both spaces have ballet bars and mirrors. Available for rent for dance classes and similar type uses. NO food, beverages, smoking or hard -soled shoes are allowed.
Insurance is required to rent Dance Studio Space.
MAIN GYMNASIUM (Bldg. P) Maximum occupancy – 180 in bleachers 100 on floor
The Main Gymnasium offers spectator seating for 180 in bleachers, six (6) basketball standards, two (2) volleyball courts, a hardwood floor, basketball score clock (additional charge), a lobby with restrooms and a ticket booth. NO food, beverage, smoking or hard-soled shoes allowed. Insurance is required to rent the Main Gymnasium.
AUXILIARY GYMNASIUM (Bldg. N) Maximum occupancy – 100
The Auxiliary Gym offers six (6) basketball standards, one (1) volleyball court, a hardwood floor, and score clock (additional fee). No spectator seating is available. One restroom is immediately adjacent. NO food, beverages, smoking or hard-soled shoes are allowed. Insurance is required to rent the Auxiliary Gymnasium.
POOL (Bldg. N.) Maximum occupancy – 225
The Campbell Community Center Pool is an outdoor 25-yeard by 20-yard pool featuring eight lanes. The pool depth is
3.5 feet at the shallow end and 9 feet at the deep end. The pool temperature is kept at 80-82 degrees year-round by solar and gas heat. Lap swim equipment, including kickboards, pull buoys, and noodles are available for use.
Swimmers can also bring their own equipment such as kickboards, pull buoys, snorkels, noodles, and fins. There are men’s and women’s locker rooms including lockers and showers available for use.
ORCHARD CITY PLAZA Maximum occupancy – 100
The Plaza located adjacent to the OCBH and Building E may be available to rent on an hourly basis for private parties and receptions. The area is equipped with outside electrical and may be rented in conjunction with the OCBH. Reservation of this area cannot restrict access to OCBH or any other CCC rooms and must be cordoned off to identify the parameters of the event. Requests to serve alcohol/food, utilize amplified sound or to set up tables and chairs will be subject to approval by the Director of Recreation and Community Services as well as the Chief of Police. Tables, chairs, or other City equipment is not included in the rental price and is
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not available for outdoor use. If use of Plaza is approved, rental client will be responsible for rental and set- up of tables, chairs, or other equipment
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Priority for booking facilities will be given in the following order:
First priority:
• City of Campbell programs and events
• Non-profit organizations and foundations that exist solely for the purpose of supporting City programs and activities
• Free public meetings held by elected representatives serving the Campbell area • Local election candidate forums sponsored by a non-profit organization, polling and/or trainings offered by the local Registrar of voters
• Free public meetings offered by either of the Campbell school districts (CUHSD and CUSD) • Free public meetings by other governmental agencies that serve Campbell residents • Events by non-profit organizations who have assumed leadership for events once provided by the City • Programs and activities offered by local non-profit organizations • Community Center Tenants
• Events sponsored by/for Campbell High School Alumni groups • Meetings or trainings by school districts or other governmental agencies that are not open to the public (CUHSD, CUSD, and Registrar of voters are each eligible for up to three reservations per calendar year at no charge)
Second priority:
Private meetings, groups, parties, banquets, and social events.
To qualify for non -profit rates, customers must provide a copy of their letter of non -profit status from the California Secretary of State’s office with their non -profit ID number indicated and must pay with an organization check or charge card. Organization name on letter of non-profit status, check/charge card, and permit must all be in the same name. Non-profit customer account address must match the non -profit organization’s business address.
NOTE: Businesses renting the facilities for the purpose of sales must obtain and provide proof of a Campbell Business License, available from the Finance Department’s office at Campbell City Hall.
A. Applications for the following types of uses will not be accepted:
1. Dances or parties advertised and open to the general public.
2. Events in the honor of a minor where alcohol is served.
3. Events offering Carnival rides/activities or gambling and/or games of chance (unless a permit has been obtained from the State Department of Justice and has been approved by the Police Chief).
4. Events advertised over the Internet where advance registration is not required.
To qualify for the Campbell residency, it is the Campbell resident who must make the reservation, sign the forms, be responsible for the event and behavior of guests, and pay all applicable fees.
III. COMMUNITY CENTER BUILDING USE PRIORITIES
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IV. RESERVATION REQUESTS
A. RESERVATION REQUESTS:
1. Reservation requests may be made free of charge online a minimum of ten (10) days prior to the desired date of use. Please visit www.campbellca.gov/rentals for detailed information about how to make this request.
a. Facility Tours will only be scheduled once a reservation request has been made through the online system.
b. Availability of rental spaces is available to be viewed online. Please visit www.campbellca.gov/rentals to learn more.
c. Once a reservation request has been made, rental clients will be contacted with the next steps in the reservation process as follows:
• Step 1: Visit www.campbellca.gov/rentals to learn how to make a free rental request online • View availability, select date and time, add to cart, begin checkout • Step 2: Answer questions about your event:
• Type of event, will alcohol be served, number of people estimated to attend, is a tour needed?
• Step 3: Review guidelines and cancellation policy
• Step 4: Review details for the request and complete the transaction • Step 5: Pending the response to the need for a tour rental clients will be contacted via email to make an appointment to view the facility, once this appointment is made an estimate will be sent to be reviewed prior to tour appointment. If NO TOUR is selec ted, an estimate and payment link will be sent to the rental client. Payment is due within 48 hours of estimate being sent to the client . Payments not received within 48 hours will result in the booking bein g released.
• Step 6: Review estimate details and make full payment (all fees) to confirm rental of facility.
2. All applicants must be at least 18 years of age or older (21 if alcohol is being served) and must be present throughout the entire use of the facility.
3. Full rental fees and applicable deposits are due 3-5 days48 hours after tour or estimate approval.
NOTE: VISA, MasterCard, American Express and Discover charge cards are accepted. Uses Booking requests will not be confirmedbe released or approved untilif fees are not received at the indicated pay by date (within 48 hours of estimate creation). all fees are received. a. Applicants reserving facilities less than thirty (30) days in advance must pay in cash, Cashier's check, VISA, MasterCard, American Express and Discover or by guaranteed money order.
Personal or business checks will NOT be accepted less than 30 days prior to intended use. b. Non-Profit applicants who reserve for multiple uses (daily, weekly or monthly uses on one application) may qualify for monthly payments.
c. In all cases, payment must be made a minimum of ten (10) business days in advance of use.
4. No events may be scheduled before 8:00 a.m. or past 12:00 midnight (10:00pm on Sunday through Thursday evenings). No overnight uses areuse is allowed. The time reserved must be inclusive of the time needed to set -up, decorate, etc. and clean -up at the conclusion of your use. The time stated on your application should be the actual time you wish to gain entry to the facility (not the time the event/function begins), and the time you anticipate being cleaned-up and gone. Do not expect entry before your scheduled time.
5. Cleaning the facility requires rental clients to “leave it as you found it”. Rental clients are expected to place trash, recycling, and organics in the provided bins, remove all decorations and guests by the permit end time. Please see section V. B. 9 and 10.
6. Some facility uses may require that the applicant obtain a Certificate of Insurance (see Section V-D on page 10 ) or have security services present. Insurance certificates will need to be
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coordinated directly with the insurance provider of the renter’s choice. Security services will be coordinated by City of Campbell staff (see Section V-B-8 on page 9). These requirements will be noted and estimated when applicable on the Facility Reservation Permit. Payment for security services must be provided to the City of Campbell thirty (30) days prior to the event. If insurance requirements are not met, or Security services not paid in full, thirty (30) days prior to the event date, the Facility Reservation Permit is subject to cancellation.
7. An appointment is required to view the facilities, drop -ins will not be accommodated.
Appointments may be scheduled after a reservation request has been submitted. This information will be emailed to the rental client.
8. Reservation requests are not confirmed until applicant receives an approved Facility Reservation Permit. Absolutely no publicity or invitations should be distributed until the applicant receives official confirmation of the room reservation and all applicable fees have been paid.
B. WHEN TO APPLY FOR USE:
1. Weekend Uses of Orchard City Banquet Hall and Roosevelt Room (Q-80):
Applications for weekend (Friday night, Saturday, Sunday) uses, such as wedding receptions may be filed up to one (1) year in advance of the desired date (Campbell Residents). If the year prior date falls on a Saturday, Sunday, or holiday, reservation requests will be accepted on the following business day. Non-residents of the City of Campbell can submit a reservation request ten (10) days later, thereby providing residents with ten full days of priority.
2. Weekend uses of the Multi-Purpose Room (M-50) and Activity Room (E-46):
Applications for weekend (Friday Night and anytime Saturday or Sunday) uses, such as wedding receptions may be filed up to six (6) months in advance of the desired date for Campbell Residents.
If the six-month prior date falls on a Saturday, Sunday, or holiday, applications will be accepted on the following business day. Non-resident of the City of Campbell can apply ten (10) days later, thereby providing residents with ten (10) full days of priority.
3. Other Uses:
Weekday uses, all Gym uses, pool uses, and weekend uses of all other facilities may be submitted according to the following schedule:
FOR THE PERIOD OF: GROUP: APPLY ON:
January 1 through May 31 City, Tenants, & Non-profits November 15 All Others November 25
June 1 through August 31 City, Tenants, & Non-profits April 15 All Others April 25
September 1 through December 31
City, Tenants, & Non-profits
July 15
All Others July 25
3. Exceptions:
a. Major community events open to the general public and deemed to be of significant community interest may be submitted up to one year in advance. b. Non-Profit customers that meet on a regular weekly basis and where weekly meetings on the same day, time and place are integral to their success (churches, etc.), and have established a pattern of paying their monthly fees on time, are allowed to book their regular weekly uses up to one year in advance, subject to availability.
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c. Non-Profit groups that wish to conduct a large -scale event (for example a one -day conference) which requires the need to rent multiple meeting and banquet spaces are subject to approval by the Director of Recreation and Community Services. d. The City of Campbell reserves the right to alter reservations for City needs with at least thirty (30) days advance notice.
Rental of the Campbell Community Center facilities are specific to the room that is rented. Events may not extend into outdoor corridors/hallways, grass areas, parking lot and common spaces. The permit holder is responsible for ensuring that all activities pertaining to the rental event remain inside the facility at all times and do not disturb other events, classes, or businesses on the Community Center campus. Failure to comply will result in the loss of damage deposit.
A. DECORATIONS:
Any decorating, or covering of, or changes to the facilities shall be discussed at the time of facility tour.
The Permittee shall be responsible for putting up any decorations and all other special preparations necessary for the function. All decorations and tape shall be removed at the conclusion of the function.
Permittee shall be responsible for the removal of all decorations, tape, special preparations, Permittee's personal property, and any rented equipment immediately upon the conclusion of their event. Failure to adhere to any of these rules may result in a loss of the damage deposit.
1. All decorations must be inside the rented facility and may only be applied with blue masking tape (except on wood floors). The use of cellophane, adhesive tape, nails, staples, screws, etc., is NOT allowed on walls or ceilings. Staples and pushpins are allowed only on tack strips and bulletin boards.
All tape and string must be removed from all surfaces and equipment at the conclusion of the event.
2. Decorations may NOT be hung from light fixtures, ceilings, heat detectors, emergency lights, or acoustical wall/ceiling tiles.
3. Open flames (such as lighted candles) are NOT allowed without a permit from the Fire Marshal (Santa Clara County Fire Department), and even then, must be in a container that does not allow the flame to exceed the height of the container (i.e.: hurricane lamp) or candle must be floated on water. All decorations must be flameproof or fire retardant.
4. Sterno flames for catering purposes are allowed.
5. Due to the sensitivity of the fire/smoke alarm system and the lingering odor, incense and fog/smoke machines are not allowed in any Community Center facilities. If fire alarm is triggered, all guests must evacuate the building immediately until the Santa Clara County Fire Department provides approval to re-enter the facility. This will cause forfeiture of entire damage deposit and rental client will be responsible for any additional fees occurred for service from SCCFD.
6. All plants, trees, and shrubs must be in waterproof containers and must be carefully placed so as not to damage floor, tables, or block fire exits.
7. No foreign substance may be applied to the floor.
8. No rice, birdseed, confetti, glitter, or hay bales are permitted at the Campbell Community Center or on surrounding sidewalks and parking lots. Use will cause forfeiture of entire damage deposit.
9. For safety reasons, relocation or rearrangement of City equipment is not permitted. City staff on duty must perform any rearrangement of City furnishings and/or equipment. All doors must be kept clear in the event of an emergency evacuation.
10. Signs or banners found taped to any existing directional sign, monument, building, pole or wall on campus will result in a loss of damage deposit.
9. B. ALCOHOLIC BEVERAGES:
The use of alcoholic beverages is allowed by prior written permit application only and must be requested V. RULES AND REGULATIONS
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at the time of reservation request.
1. Failure to comply with required security, licenses, permits or certificates will result in immediate cancellation of the use and forfeiture of all fees paid.
2. Alcoholic beverages to be consumed on the premises shall be limited to beer, wine and champagne only. Absolutely no hard liquor is allowed.
3. Alcoholic beverages may be served, sold and/or consumed only in the interior of Orchard City Hall, the Roosevelt Redwood Room, Mary Campbell Room , Activity Room, Multi -Purpose Room and designated areas of the Orchard City Plaza. Alcoholic beverages are not to be served or consumed outside the specific area/room reserved; guests may not take alcoholic beverages outside into the common areas of the Community Center. Alcohol shall not be served, sold, or consumed in/from vehicles in the parking lot or on the premises.
4. Requests for serving and/or selling alcoholic beverages, in other rooms or common areas, for special occasions must be approved by the Chief of Police, after first receiving the approval of the Director of Recreation and Communication Services. If the presence of alcohol is deemed to conflict with other previously scheduled uses/users, the request may be denied.
5. Alcohol is NOT allowed at youth-oriented events or events held in the honor of a minor (Christenings, birthdays, graduations, coming-out parties, Quinceaneras, Bar or Bas Mitzvahs, etc.).
6. A group or organization wishing to sell alcoholic beverages at their function or provide alcoholic beverages with the cost of a meal or entry fee, must first obtain approval from the Campbell Police Department; and upon approval will be required to obtain, at their own expense, the appropriate permits and licenses (a 24-hour Liquor License) from the State Alcoholic Beverage Control Board. A 24-hour liquor license may be obtained at the:
Alcoholic Beverage Commission, Santa Clara County District Office 100 Paseo de San Antonio #119
San Jose, CA 95113
Telephone: (408) 277-1200
Evidence of this license must be on file in the Community Center office at least ten (10) days prior to the event/function.
7. Permittees sponsoring events where alcohol is sold will be required to obtain liquor liability insurance with the coverage outlined in items D -3 and 4 on pages 12. Those actually selling the alcohol must have received the required training required by the ABC for alcohol sales (checking IDs, not selling to those already over-imbibed, etc.).
8. SECURITY - Permittees sponsoring/hosting events where alcoholic beverages are served or sold may be required, at their expense, to have security present. Approved security services will be required to be present for the duration of the event. NOTE: Security may be required and will be arranged by the Campbell Community Center when: alcohol is being served, your event is scheduled for more than 34 hours, and/or you expect/invited more than 100 75 people in attendance. Security fees will be estimated at the time of your reservation request and are subject to change on July 1 of each year. Current fees in effect on the day of the event will be charged in all cases. All security fees will be due no less than thirty (30) days prior to the event date. a. Police security will be billed at a minimum of 3 hours a. Security requirements: a minimum of 2 officers security guards for 150 or less75 or more guests in attendance and 3 officers for 151+ in attendance, with 1 additional guard required for every 75 more guests (see table for reference).
Guests Number of Required Guards
0-74 No guards required
75-150 2 guards
151-225 3 guards
226-300 4 guards
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301-375+ 5 guards
b.
9. The Permittee is responsible for neatly disposing of all beverage containers and cartons in the provided receptacles. Recycling and composting is encouraged and receptacles are provided for your use. If space is limited, please contact the Building Attendant staff for assistance.
10. Excessive spills of any beverages or other substances must be mopped up immediately to prevent accidents. Staff on duty will perform this for you; please notify them as soon as a problem exists so any safety hazards can be eliminated as soon as possible.
C. FUND-RAISING:
A fund-raising activity is defined as an event where an admission fee is charged for entry or participation or a donation is collected in order to raise funds for an organization, special cause, or individual.
Examples of fund-raisers may include but are not limited to: Art Fairs where an admission fee is collected, a Crab Feed, Spaghetti Dinner, or other banquet where an admission fee is charged, a Flea Market, an Auction, a Cook-Off, a Casino Night, a class or seminar where a fee is charged for part icipation, or any other event where fees or donations are collected on behalf of an organization, or business. NOTE:
Religious/church services are not considered fund-raising activities.
1. Refer to item 8 under G. General Regulations (page 13) for restrictions on Casino Nights and other “gambling” – type fundraisers.
2. Those selling products or services on-site are required to obtain and provide proof of a City of Campbell Business License, which may be obtained from the:
Finance Department
Campbell City Hall
70 N. First Street (at N. First Street & Civic Center Drive).
Campbell, CA 95008
(408) 866-2174
D. DAMAGES/LIABILITY/INSURANCE REQUIREMENTS:
1. The applicant shall be responsible for any and all damage to the City's premises, equipment, and property. If, after an activity, additional janitorial maintenance is required (in excess of normal cleaning services/time), the applicant will be charged accordingly.
2. The applicant will be held responsible for all actions, behavior and damages caused by his/her guests/attendees.
3. All applicants requesting use of the gymnasium, pool, dance studios or for events deemed potentially dangerous, will be required to provide the City with an original Certificate of Insurance providing proof of the following coverage:
a. Public liability and property damage insurance in an amount not less than $1,000,000 per occurrence.
b. The City of Campbell, its agents, attorneys, employees, officials, and volunteers must be named as an additional insured.
c. The coverage shall not be canceled or reduced without at least fifteen (15) days written notice to the City of Campbell.
d. The certificate must be submitted to the Community Center office at least ten (10) days prior to the event.
4. All applicants requesting permission to sell alcoholic beverages must provide liquor liability insurance in an amount not less than $1,000,000 per occurrence, in addition to the insurance outlined above.
5. The City of Campbell is not responsible for accidents, injury, illness or loss of group or individual property.
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E. CANCELLATIONS/REFUNDS:
The City's cancellation policy has been developed to discourage the last -minute cancellation of events.
If a cancellation is received on short notice, the City's ability to re-rent the facility is severely limited. The cancellation/refund policy is structured to offer the greatest refund in instances where the City has the highest probability of re-renting the facility.
1. In the event that cancellation of a confirmed reservation is necessary, it is the Permittee's responsibility to provide immediate written notification of such intent to cancel use (email to [email protected] is acceptable). City staff will not accept or be held responsible for cancellations made by telephone. The earlier the notice is provided, the greater the refund of use fees. The refund schedule has been set to cover City costs and loss of potential revenues.
NOTE: Cancellations will only be accepted from the Permittee (the person who submitted the reservation request and signed permit waivers), not from anyone else acting on their behalf.
This policy is designed to prevent the unauthorized cancellation of an event.
2. Refunds for cancellation of weekend (peak times Friday, Saturday, Sunday) uses of the banquet halls will be granted on the following basis:
a. Cancellations received more than four (4) months in advance of the scheduled use will receive a refund of the full amount paid less a $75 cancellation fee and the $25 processing fee. (COST to permit holder: $100)
b. Cancellations received 3 - 4 months in advance will receive a refund of the full amount paid less a $175 cancellation fee and the $25 processing fee. (COST to permit holder: $200) c. Cancellations received 2 - 3 months in advance will receive a refund of only 50% of their facility use fees including a $25 processing fee. (MAXIMUM COST to permit holder:
$300)
d. Cancellations received 1 - 2 months in advance will receive a refund of only 25% of their facility use fees including a $25 processing fee. (MAXIMUM COST to permit holder:
$400)
e. Cancellations received less than one (1) month in advance will receive a refund only of fees paid in excess of $500 including a $25 processing fee. (MAXIMUM COST to permit holder: $500)
f. If less than ten (10) days’ notice of cancellation is provided, full use fees will be charged/retained; no refund will be provided.
3. Refunds for cancellation of all other uses will be granted on the following basis:
a. Cancellations received more than two (2) weeks in advance of the scheduled use will receive a refund of the full amount paid less the $25 processing fee and a $25 cancellation fee. (COST to permit holder: $50)
b. If notification is received less than two weeks in advance and more than 24 hours in advance, 25% of facility use fees, plus the $25 processing fee, and $25 cancellation fee will be retained. (MAXIMUM COST to permit holder: $125) c. If less than 24 hours’ notice of cancellation is provided, full use fees will be charged/retained; no refund will be provided.
4. The City of Campbell reserves the right to cancel any use of facilities and/or equipment in emergency situations or when deemed necessary for the safety and best interests of the customers, the City of Campbell, and all concerned. In such cases, City will provide a full refund of all fees and deposits paid.
F. REFUNDABLE DAMAGE DEPOSIT REQUIREMENTS:
1. Refundable damage deposits are processed f or refund 3-5 days after the last permitted use. The timeline of actual refund is 1-3 weeks pending the original payment type. See section IX. G. 3.
2. Refundable damage deposits are refunded if the following conditions are met:
a. No damage or loss to the room and/or surrounding area is caused because of the rental (including excessive trash or clean -up needs, damage from decorations etc.). In the event
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damage to the room or excessive trash is observed the cost associated with any such damage will be withheld from the refundable damage deposit. The cost will be billed at minimum, $50 per hour related to the staff time required to correct damage to facility. b. Use of the facility does not exceed the permitted time. c. All City equipment and property is accounted for and undamaged. c.d. All policies are adhered to including alcohol and security requirements.
G. GENERAL REGULATIONS:
1. Only City staff can operate the audio/visual equipment and dividing wall in the OCBH. In addition, only City staff can move tables or chairs. Your event set -up needs to be completed and provided to the Campbell Community Center one (1) week or five (5) business days prior to the scheduled event. Any changes to that agreed upon set-up must be completed by the City staff on-site. Call the staff person on duty for assistance at (408) 761-0350.
2. Any person(s) violating the established Rules and Regulations or constituting a public nuisance may be required to leave the facility and premises.
3. Groups composed of minors must be supervised by one (1) adult for each twenty (20) minors throughout use of Community Center facilities. Children must be under adult supervision at all times.
Children are not allowed to run around the facility unsupervised.
4. For customer comfort, energy efficiency and consideration of our neighbors, all doors and windows must remain closed throughout the entire event.
5. ADVERTISING AND SIGNAGE:
a. Posting of flyers, signs, etc. on the Community Center buildings, posts, windows, doors, trees, kiosks, or other structures is strictly prohibited . Adequate signage exists to guide guests to your rented room. Permittees should be very specific on their invitations to provide guests with the specific name (Orchard City Banquet Hall, Roosevelt Redwood Room, etc.) and/or Room number (Q-80, E- 46, etc.) of the facility they have rented for their event. Any signs or flyers found posted will be immediately removed and are subject to removal fees of $25/sign. Directional sandwich signs are available for your use with advance notice, and subject to the fees outlined in Section VIII. b. Events held at the Community Center and open to the public are eligible to be advertised on the reader-board sign, subject to the applicable fees and charges. See On-Site Publicity Administrative Policy for more information. Add page after formatting
c. Events advertised by mailed or emailed flyers are required to list the Permitee’s phone number for directions or questions (do not list the Community Center phone number!). Permittee is required to list the correct room number for the room where the event is held on all fliers (do not list the Community Center Office suite number!). Misinformation on event publicity that causes undue additional work for Community Center staff is cause for additional charges for staff time. d. Internet Advertised Events:
Meetings/events inviting persons unknown to the host(s), via the Internet, will be allowed only under the following circumstances:
• Advertisement must state that participants must register in advance; • Registration system must be capable of maintaining a current count of registrants; • Registration is capable of being closed once the registration reaches the maximum capacity of the room;
• All advertising, location, and directions to the meeting must be removed from the Internet once the maximum capacity has been reached.
• A staffed check-in table is required where registrants are checked -in and the number of participants who have entered the premises is readily available. Once the maximum capacity of the room is attained, absolutely no additional persons are to be admitted.
NOTE: The existing prohibition on dances and/or parties open to the general public (see
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Section III-B-1 on page 7) remains in effect. Room occupancy limits will be enforced for all events.
6. Permittees are only to use those facilities and equipment specifically designated on the Facility Reservation permit. Staff on duty does not have the authority to grant use of additional facilities, equipment, or time extensions. Any time the facility is occupied beyond the scheduled time will be billed at 1½ times the standard rate for the overtime use. Use or occupancy of the facility beyond 12:00 midnight will be billed at 2 times the standard rate for the overtime use.
7. Tables and chairs are to be used indoors only and only for the specific use for which they are intended. Standing on tables or chairs or sitting on tables is prohibited.
8. SMOKING/VAPING OR USE OF ELECTRONIC CIGARETTES IS NOT PERMITTED AT THE CAMPBELL COMMUNITY CENTER. The Community Center is considered a “Public Recreation Area” smoking/vaping and e -cigarettes are not permitted inside or near any facilities as well as in any outdoor area including the parking lot, athletic fields etc. Municipal Code Chapter 6.11.020.
9. Card Games, Games of Chance, Raffles and Lotteries are governed by the California Department of Justice. Non-profit organizations desiring to conduct a fundraiser using controlled games (Casino Nights or other gambling events) as a funding mechanism are subject to the limitations of the law as outlined in Chapter 5 of Division 8 of the CA Business and Professions Code (see Section 1, Article 17 commencing with Section 19985).
Web Reference:
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=BPC&division=8.&title= &part=&chapter=5.&article=17. The law specifies that:
a. Non-profit organizations must have been in existence and operation for at least 3 years and must register annually with the Division of Gambling Control; b. Organizations are limited to one such event (5-hour limit) per year; c. At least 90% of the gross revenue from the fundraiser (not including facility use fees) must go directly to the non-profit organization.
d. No cash prizes or wagers may be awarded to participants and maximum value of donated prizes shall not exceed $500 for an individual prize and $5,000 for the total value of all prizes awarded. e. The hosting organization is required to register their event with the CA Department of Justice and is subject to their reporting requirements following the event. f. The Community Center is limited to holding no more than four such fundraisers in any calendar year, even if sponsored by different nonprofit organizations. Please inquire if you desire to conduct such an event.
g. Raffles conducted by non-profit organizations are authorized by California Penal Code Section 320.5, provided the following conditions are met:
• Tickets must be sold with a detachable coupon or stub; • Winners must be determined by drawing coupons or stubs by a person 18 years of age or older;
• At least 90% of the gross receipts must go to charitable or beneficial purposes; • The host organization must register annually with the State Department of Justice and report gross receipts, operational expenses, and distribution of funds. h. Except for the State Lottery, lotteries or raffles by individuals or organizations under conditions other than those described above are illegal.
i. No Bingo game shall be conducted by any organization or other legal entity on city property unless first approved by the Chief of Police and the use of city property has specifically been approved for this purpose by the City Council. (Ord. 1128 1 (part), 1977: Ord 1049 (part), 1976).
10. The Recreation and Community Services Director or other duly authorized representative on duty shall have the right to enter all facilities at any time during any and all uses.
11. Permits/reservations cannot be transferred, assigned or sublet.
12. The Recreation Services Manager shall regulate or prohibit such activity or use, which in his/her judgment is determined to be of a hazardous nature or is potentially dangerous or damaging to
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property or is not in the best interests of the citizens of the City of Campbell.
13. Businesses or organizations wishing to hold an auction are required to obtain approval from the Campbell Police Department, purchase a Campbell Business License and provide proof of liability insurance See Section V.D. (Liability /Insurance Requirements) for insurance requirements.
14. The misuse of the Community Center, failure to conform with facility regulations, or any other Federal, State or local law, rule, regulation or ordinance shall be sufficient reason for immediate termination of permit. No refund will be granted. This shall include overcrowding of the posted maximum capacity for the room in use, serving alcohol to minors or any other instance of serving alcohol when not permitted to do so, , and the presence/serving of hard alcohol.
15. The City Council shall have the authority to waive or modify these rules at their discretion. Any and all requests/variances shall be considered individually and shall not be automatically applied as a matter of precedent to past or future uses of a similar nature. Waiver of any stated rule shall be directed, in writing, to the Director of Recreation & Community Services at least 90 days prior to the date of use.
16. The City reserves the right to amend fees and charges as deemed necessary. Previously approved reservations will not be affected by new rates.
17. Firearms, weapons and open flames are prohibited pursuant to Municipal Code Chapter 13.04
18. This Building Use Policy supersedes any policy now in effect and will take effect on August 16, 2022July 17, 2024.
19. Animals (including performing animals, birds, or pets) are not allowed except for service animals. Dogs are allowed on a leash throughout the outdoor areas of the Community Center.
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VI. SITE MAP
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WiFi is generally available at the Community Center but is not guaranteed in all rental locations. Any facility rental client who is counting on the availability of WiFi services should make their own arrangements to supply a dedicated hot spot for the success of their event.
The City’s staff will not configure or troubleshoot WiFi connection issues. The client/facility user is responsible for making sure that their clients’/students’ laptops don't have any compatibility issues and getting them set up on the wireless connection. Each computer can be different and City staff cannot provide this level of individual service – that is the client’s responsibility.
The City shall not be responsible for any downtime on the Comcast-provided WiFi and makes no guarantees that the connection will be sufficient for any event. If Comcast has a system- wide or area wide system failure affecting service in the Community Center, the City shall not be responsible for this service failure and the fees paid for the rental of the room shall remain in force and not subject to forfeiture for this reason.
VII. ACCESS TO WIFI AT THE COMMUNITY CENTER
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Purpose:
The purpose of this policy is to establish guidelines for the placement of allowable publicity on the Community Center site, including, but not limited to use of the Reader Board/marquee, banners, posters, and flyers that will be both effective and attractive, while not being a nuisance or distraction or otherwise detract from the aesthetics of the Community Center.
Multimedia Reader Board Sign:
The Reader Board sign is available to publicize the following activities:
1. City events and activities including events sponsored by non-profits that exist solely to support City programs (i.e. Friends of the Heritage Theatre and the Museum Foundation);
2. Heritage Theatre season show sponsors;
3. Notice of upcoming Campbell High School reunion events;
4. Major community events that are co-sponsored (officially recognized, approved and/or subsidized) by the City or require downtown street closures, or held in City parks or facilities;
5. Messages regarding youth sports league sign-ups occurring at the Community Center;
6. Messages regarding free meetings and events of general public interest sponsored by public agencies or legislators serving the Campbell community.
7. Messages from outside organizations may appear no more than 4 weeks in advance of the event date.
8. Messages are subject to fees as outlined in the fee schedule below, with the following exceptions:
a. Events or meetings administered by the City of Campbell; b. Notices from local community or business organizations regarding public events, meetings or activities co-sponsored by the City and occurring in City Parks, facilities, or the downtown area;
c. Notices from other public agencies or legislators serving the Campbell community regarding public forums, Town Hall meetings or other public meetings of general interest to the community (messages for fundraisers are not subject to fee exceptions);
d. Notices from public schools regarding free events or meetings of general public interest (messages for fund -raisers or special events involving an entry fee not subject to fee exceptions).
Banners & Signs:
1. All signs and banners must be approved, in advance, by the Recreation Community Services Director, or his/her designee.
2. Signs and banners are allowed only on the day of the event to help guide patrons to the activity, and they are allowed only in the specific location(s) approved by City staff. Banners may not be hung or attached to existing fences and signs. The only building that may be used to display banners is the Concession Stand building and only for events that are being held in the Stadium and/or Athletic Fields.
3. Signs must be hung in a manner that will cause no permanent damage to the building or facility. Nails and tape shall not be used to hang banners or signs. Penetrations in landscaped areas shall be approved, in advance, by the Grounds Maintenance Supervisor or his/her designee so as to avoid damage to irrigation and other underground piping. Banner Hanging Fees are outlined in the fee section on page 18..
VIII. ON-SITE PUBLICITY POLICY
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All banners must be professional vinyl banners with side sleeves for side posts or metal grommets for plastic ties or carabineers. The banner and all hanging devices must be completely removed immediately following the event (same day). The City is not res ponsible for banners left for more than 10 days after the event.
4. Sinngs or banners found taped to any existing directional sign, monument, building, pole or wall on campus will result in a loss of damage deposit.
Posters & Flyers:
1. Posters or flyers advertising events/programs of general public interest relating to recreational, cultural, athletic, community education, or social services available, may be submitted from public agencies, non-profit organizations and Community Center tenants to be displayed in the Community Center’s display case at the west end of Building E. All posters/flyers are subject to the approval of the Recreation & Community Services Director or his/her designee and must be professional in appearance (no handwriting). Posters will be displayed as space and time permit.
2. Posters regarding events occurring in the Heritage Theatre or at the Community Center may be submitted for display, up to one month in advance, in the (3) kiosk directories on -site. Posters shall not exceed 12” wide x 17” length, must be professionally printed (not hand - written) and will not be returned to the provider.
3. Only flyers regarding events provided by the City of Campbell or events occurring in the Heritage Theatre may be submitted for display in the various (5) pedestrian kiosks on -site. These signs shall be laminated, and finished size shall be exactly 8½” x 11 ”. Flyers shall be delivered to the Community Center Office, #C -31 at least one week in advance of desired posting date and no more than one month in advance of the event date.
4. Posters/flyers for private businesses will not be posted.
5. Posters, flyers and directional signs shall not be attached to the exterior of any building, post, wall, fence, sign, kiosk or other structure of any type. When they are found they will be immediately removed and any costs for removal and/or repair of dama ge (paint removal) will be billed to the sponsoring agency or individual.
6. Flyers, coupons or other literature may not be distributed by hand, left on vehicles or otherwise distributed on site at the Campbell Community Center.
Directional Signs:
1. The signage program at the Community Center is sufficient to direct visitors to any room on campus, provided the visitor has the correct name or room number of their intended destination.
2. Informational and directional signs for events being held at the Community Center are allowed only when scheduled in advance with the Reservations Staff and posted in/on the provided plastic A-frame signs. When customer provides the sign(s) there is no charge for this service. If the City provides signs, the cost is $25 to cover staff time to prepare signs. Signs must be computer-generated and attractive; hand-printed signs will not be allowed. Signs are for interior site use only. Signs of any kind are not allowed on the public right-of-way (visible from Campbell Ave., Winchester Blvd., or Latimer Ave.).
Fees:
Readerboard Messages $33/message/week
Modifications to Readerboard Messages $15/message
Banner Hanging $25/banner
Directional Signs created by City staff $25/set
All fees are payable, in advance, to the City of Campbell in the Community Center main Recreation Office Office C-31 as part of the facility permit.
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IX. FEES AND CHARGES
The fees and charges set forth here are NOT negotiable; City staff does not have authority to waive or reduce fees. All fees and security/damage deposit are due at the time the reservation is submitted to hold the date and facility.
Minimum rental time: 2 hours for regular uses and 3 hours for banquet hall uses during non-operating (peak) hours.
Gyms may be considered for rentals less than 2 hours on a case by case basis.
A. Definition of Terms:
a. NON-PROFIT: To qualify for non-profit rates, customers must provide a copy of their letter of non- profit status from the California Secretary of State’s office with their non-profit ID number indicated and must pay with an organization check or charge card. Organization name on letter of non-profit status, check/charge card, and permit must all be in the same name. Non-profit customer account address must match the non-profit organization’s business address. b. SPECIAL PEAK RATES: Special peak rates are for the following reservations:
I. Public meetings held by elected representatives serving the Campbell area II. Local election candidate forums sponsored by a non-profit organization, polling and/or trainings offered by the local Registrar of voters
III. Meetings offered by either of the Campbell school districts (CUHSD and CUSD) IV. Public meetings by other governmental agencies that serve Campbell residents V. Events by non-profit organizations who have assumed leadership for events once provided by the City
VI. Programs and activities for which there is no entry fee for participation or attendance offered by local non-profit organizations
VII. Community Center Tenants
VIII. Events sponsored by/for Campbell High School Alumni groups IX. Meetings or trainings by school districts or other governmental agencies that are not open to the public
The above listed reservations can use the facility during non-peak time with basic staffing levels (2 building attendants or 1 technician) any charges above this will be assessed at the time of booking. The CUSD & CUHSD are limited to 3 uses per year.
CAMPBELL RESIDENT: To qualify for Campbell Resident discount, customers must provide proof of residency (i.e. driver’s license, utility bill etc.). Permit holder and payee must be in the same name to qualify for resident discount.
B. Resident Discount:
Campbell Residents paying for a rental will be given the following discount on building rental rates:
$25 Per hour discount for rental of the full Orchard City Banquet Hall $5 Per hour discount for all other building rental rates
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C. Facility rental fees for uses occurring during off-peak (normal operating) hours shall be assessed as follows:
(Monday through Thursday, 8:00am - 10:00pm and Fridays 8:00am to 5:00pm, except on recognized City holidays)
*A 2% Facility Preservation Fee is added to the hourly rate and is charged at the time of booking.
COMMUNITY CENTER BUILDING USE FEES – OFF PEAK
Orchard City Banquet Hall
with Kitchen Per Hour
Orchard City Banquet Hall
North or South Per Hour
Kitchen in OCBH Per Hour
Roosevelt Redwood Room
(Q-80) Per Hour
Mary Campbell Room (Q-84) Per Hour
Multi-Purpose Room (M-50) Per Hour
Adult Center Meeting Room
(C-35) Per Hour
Dance Studios (M-47, N-76) Per Hour
Conference Room (E-44) Per Hour
Board Room (E-42) Per Hour
Main Gym (Bldg. P) Per Hour
Auxiliary Gym (Bldg. N) Per Hour
CCC Plaza Per Hour
Vacant Leased Space Per Hour
Swimming Pool Rental
Per Hour
Base Hourly
Rate
Non-Profit
Rate
$135 $115
$95 $75
$56 $51
$95 $75
$70 $60
$85 $75
$70 $60
$65 $55
$55 $45
$55 $45
$80 $70
$70 $60
$41 $36
$55 $45
$200 $200
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COMMUNITY CENTER BUILDING USE FEES - PEAK
D. Facility rental fees for uses during peak (NON-OPERATING) hours shall be assessed as follows:
Special
Peak Rates
Base Hourly
Rate
Non-Profit
Rate
Orchard City Banquet Hall
with Kitchen Per Hour $100 $250 $200
Orchard City Banquet Hall
North or South Per Hour N/A N/A N/A
Roosevelt Redwood Room
(Q-80) Per Hour $52 $130 $105
Mary Campbell Room (Q-84) Per Hour $35 $95 $70
Multi-Purpose Room (M-50) Per Hour $47 $120 $95
Adult Center Meeting Room
(C-35) Per Hour $35 $95 $70
Dance Studios (M-47, N-76) Per Hour N/A $80 $70
Conference Room (E-44) Per Hour $25 $75 $50
Board Room (E-42) Per Hour $25 $75 $50
Main Gym (Bldg. P) Per Hour $48 $105 $95
Auxiliary Gym (Bldg. N) Per Hour $38 $85 $75
CCC Plaza Per Hour $23 $51 $46
Vacant Leased Space Per Hour $25
$75 $50
Swimming Pool Rental Per Hour $200
$200 $200
*A 2% Facility Preservation Fee is added to the hourly rate and is charged at the time of booking.
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COMMUNITY CENTER BUILDING USE FEES
E. Processing Fees:
1. All applications are subject to a non-refundable $25 Processing Fee.
2. Any changes in time, date(s) or use made to a multi-use permit or made less than thirty (30) days prior to a one-time use, are subject to an additional $25 Processing Fee.
F. Additional Charges:
1. 2.
All hourly fees are subject to a 2% Facility Preservation Fee. The Preservation Fee is calculated at time of permit and all fees are due at time of payment.
A janitorial service fee of $100 will be required for all rentals serving food and more than 75 participants/guests in attendance. This fee will be due at the time of payment.
3. A security service fee may be required for all rentals serving alcohol and more than 75 participants/guests in attendance. Fees associated with security cover a minimum of two (2) guards for a minimum of six (6) hours for service and is based on the number of attendees. The rate charged to the customer is $50.00 - $70.00 per hour per security guard. minimum additional charge is $600. All events exceeding 6 hours will incur an additional $100 per hour charge.
4. Uses which extend beyond the approved reserved time will be charged at 1½ times the normal rental rate.
5. Uses which extend beyond 12:00 midnight are not permitted and will be charged at two (2) times the normal rental rate.
6. 7.
Rental of the Swimming Pool will require the City to schedule certified lifeguards on‐site for the duration of the pool rental. A minimum of two (2) Lifeguards will be required for rentals and the total number of Lifeguards will be determined by the Recreation Specialist or Department Designee at the time of the facility request. Each Lifeguard will be charged at $25 per hour.
Reservations for recognized City holidays and dates between Christmas Eve and New Years Day are subject to additional fees to cover staff holiday pay (1 ½ times the normal rental rate), when staff can be obtained to take the assignment. (Non-profits and Special Rate requestors are not exempt from these additional fees).
G. Deposits:
1. Refundable cleaning/damage/security deposits are required for the following uses in the following amounts:
Facility FY
22/2324/25A
Amount
a) Use of Orchard City Banquet Hall $800
b) Uses of Roosevelt Room (Q-80), Multi-Purpose Room (M-50), or Activity Room (E-46) $500 c) Uses of Meeting Rooms $200
d) Uses of Gymnasiums $200
e) Uses of Pool $350500
fe) Plaza $200
2. The City reserves the right to deduct from the damage deposit additional charges relating to, but not limited to, additional janitorial services, maintenance/repair services, staff supervisor’s time, or emergency services that were required as a result of your use.
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3. Deposits may be fully or partially withheld for any of the following reasons:
a. Facility use fees for time used in excess of that reserved. b. Damage to facility or equipment.
c. Misuse of the Community Center (refer to item F-3 in Section V). d. Inadequate cleanup by customer requiring additional custodial time/services after customer’s use. e. Damage to landscaping and/or outdoor equipment; or
f. Misrepresentation of the type of event held, or group/individual using the facility. f.g. Failure to observe any policies, including alcohol and security guidelines.
4. If additional fees due exceed the amount of deposit, customer will be billed for the balance.
5. Deposits, less any applicable additional charges, will be processed through the City's Finance Department, approved by City Council, and returned to the customer by the same method the original payment was made. If paid by credit card all efforts will be made to submit refund to same credit card, if payment was made by cash, check or cashiers check, a check will be sent by mail within 30 days of the date of last use. The City reserves the right to return a damage deposit by check if the original form of payment is no longer available (credit card expired etc.)
6. It is the customer's responsibility to keep the Campbell Community Center office informed of any address, or telephone changes that may affect the prompt return of the customer’s deposit.
H. Equipment Rental & Fees
For the convenience of facility users, the City will make available the listed equipment for use in/on City facilities. This equipment is available exclusively for use on/at City facilities and may not be rented for personal or off-site use.
1. Reservations:
Equipment must be reserved at least ten (10) days prior to the desired date of use on the Facility Use Reservation form.
Meeting Room Equipment FY 22/23Amount
a) Coffee Urn - 100 Cup $1015 per day
b) Coffee Urn - 35 Cup $105 per day
c) Directional Sandwich Signs free with room rental
d) LCD Projector $100 per day
e) Podium free with room rental
f) Portable Easel (Each Easel) $510 per day
g) Portable Easel with Easel Pads (Each Easel) $2530 per day h) Portable Projection Screen $1015 per day
i) Portable PA Systems $100 per day
j) Stanchions $25 per day
k) Microphone $210 per day
Athletic Equipment FY 22/23
a) Basketball Scoreboard Control (portable) $25 per day b) Football Scoreboard Control $10 per day
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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/rentals
Office Hours
8:00 a.m. – 5:00 p.m. Monday – Friday
Campbell Community Center
Building Use Policy
Effective July 17, 2024
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I. INTRODUCTION ....................................................................................... 3 II. FACILITIES AVAILABLE .............................................................................. 3 III. PRIORITIES FOR USE ................................................................................ 6 IV. RESERVATION REQUESTS......................................................................... 7 Requests .................................................................................................. 7 When to Apply......................................................................................... 8 V. RULES AND REGULATIONS ...................................................................... 9 Decorations ............................................................................................. 9 Alcoholic Beverages ................................................................................. 9 Security Requirements .......................................................................... 10 Fund-Raising .......................................................................................... 10 Damages/Liability/Insurance Requirements ......................................... 11 Cancellations/Refunds ........................................................................... 11 Refundable Damage Deposit Requirements………………………………………12 General Regulations .............................................................................. 12 VI. SITE MAP ................................................................................................ 15 VII. Wifi ACCESS AT THE COMMUNITY CENTER… ........................................ 16 VIII. ON-SITE PUBLICITY POLICY .................................................................... 17 IX. FEES & CHARGES ................................................................................... 19 Fee Schedule for Weekday Uses ........................................................... 20 Fee Schedule for Weekend Uses ........................................................... 21 Processing Fees ..................................................................................... 22 Additional Charges ................................................................................ 22 Deposits ................................................................................................. 22 Equipment Use Policy & Fees ................................................................ 23
TABLE OF CONTENTS
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The Campbell Community Center is a unique community service complex. The site, which formerly housed the city's only high school, was purchased by the City of Campbell from the Campbell Union High School District in August of 1985. The facility was purchased primarily for the purpose of preserving its open space and recreational facilities for the use and enjoyment of the citizens of Campbell. An added highlight was the preservation of the beautiful historic buildings that front Campbell Avenue. Many of the classroom buildings are leased to various non -profit organizations, educational institutions, and small businesses for the purpose of generating revenue to off-set the facility's operational costs. The City reserves specific areas to house the variety of recreation programs offered for citizens of all ages. The offices for the City's Recreation and Community Services Department are located on-site (Building C, Room 31).
When the City is not using the facilities for its classes and programs, it makes them available to the community for social, educational, athletic, and cultural activities. The available facilities include two banquet halls, several meeting rooms and classrooms, two gymnasiums, the football field, the plaza and adjacent athletic fields. In 2004 the City opened the newly renovated 800 -seat Heritage Theatre. The policies governing the use of this facility are not contained within this policy and, are available by contacting the Theatre Manager at (408) 866-2797 or visiting our website at www.campbellca.gov.
The purpose of the Building Use Policy is to assure that the facilities are utilized for recreational, cultural, educational, social and community service functions that meet the needs and interests of the community, as well as to set clear policies, procedures, regulations, and rental fees regarding such uses.
ORCHARD CITY BANQUET HALL (OCBH)
Maximum occupancy:
OCBH (Full Hall) OCBH North or South
Banquet Seating 299 125
Theater Seating 400 200
Classroom Seating 75 75
The Orchard City Banquet Hall (OCBH) is air -conditioned, has vinyl flooring and is suitable for large social gatherings, wedding receptions, banquets, meetings, etc. A dividing wall can separate this hall into two smaller rooms. It is equipped with wheelchair accessible restrooms, a full -service kitchen, wet bar and a lobby area that is immediately adjacent. Included in hall rental are tables, chairs, stage, piano, audio/visual equipment, and City staff to set-up and take-down City equipment and furnishings.
KITCHEN (in Orchard City Banquet Hall) Maximum occupancy – 15
The full-service kitchen contains ample stainless -steel tables and counters, large stainless -steel sinks (no garbage disposal), 2 Blodgett ovens, a 12-burner gas range, and a large walk-in refrigerator. A separate back entry provides convenient caterer access. NOTE: Utensils, cookware, silverware, dinnerware, towels, potholders, sponges, cleaning supplies, etc. are not provided.
I. INTRODUCTION
II. FACILITIES AVAILABLE
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ROOSEVELT REDWOOD ROOM (Q-80) Maximum occupancy: Banquet Seating - 125 Theater Seating – 200
Classroom Seating – 75
The Roosevelt Redwood Room (Room Q-80) is air-conditioned, has vinyl flooring and is furnished with motorized window shades. It is suitable for small social gatherings, wedding receptions, meetings, activities, etc. An adjacent kitchen contains a large refrigerator and freezer, a sink (no garbage disposal), an oven, microwave, and ample counter/workspace. Public restrooms are located nearby on the exterior of the building. Included in room rental rates are tables, chairs and City staff to set -up and take -down of City’s equipment and furnishings. NOTE: Utensils, cookware, silverware, dinnerware, towels, potholders, sponges, cleaning supplies, etc. are not provided.
MARY CAMPBELL ROOM (Q-84) Maximum occupancy: Theater Seating – 75 Classroom Seating – 50
The Mary Campbell Room (Room Q-84) is air-conditioned, has vinyl flooring, and offers tiered seating ideal for conferences, trainings and speaker meetings. Motorized window shades and a projector screen are included.
Public restrooms are located nearby on the exterior of the building. Included in room rental rates are tables, chairs and City staff to provide set-up and take-down of City’s equipment and furnishings. T h i s s p a c e i s n o t s u i t a b l e f o r b a n q u e t s t y l e e v e n t s . A l c o h o l i c b e v e r a g e s a r e n o t a l l o w e d i n t h i s r o o m .
MULTI-PURPOSE ROOM (M-50) Maximum occupancy: Banquet Seating – 100 Theater Seating – 120
Classroom Seating – 50
The Multi-Purpose Room (Room M -50) is air -conditioned, has tile floors, and mirrors on two walls. An adjacent kitchen contains refrigerator, sink (no garbage disposal), a microwave and ample counter space.
Restrooms are located inside the room. Included in rental rates are tables, chairs, and City staff to provide set-up and take- down of City’s equipment and furnishings. Customers must provide all their own utensils, towels, sponges, etc.
ADULT CENTER MEETING ROOM (C-35) Maximum occupancy: Banquet Seating – 60 Theater Seating – 80
Classroom Seating– 25
The Adult Center (50+) Meeting Room (Room C -35) is air -conditioned and has vinyl flooring . It contains ample built-in counter space, a small sink (no garbage disposal), a microwave, small mini refrigerator, and a piano. Alcoholic beverages are not allowed in this room. Included in rental rates are tables, chairs, and City staff to provide set-up and take-down of City’s equipment and furnishings.
BOARD ROOM (E-42) Maximum occupancy: Theater Seating- 29 Classroom Seating – 20
The Board Room (Room E-42) is air-conditioned, has vinyl flooring, a built-in counter with a sink (no garbage disposal). This room is furnished with motorized black-out shades, and a white board. Alcoholic beverages are not allowed in this room. Included in the Board Room rental rates are tables, chairs and City staff to set-up and take-down the City’s equipment and furnishings.
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ACTIVITY ROOM (E-46) - Space is unavailable to reserve/rent. Location of the Campbell Express Library until 2025.
The Activity Room (Room E-46) i s a ir - c o n d i t i o n e d , has vinyl floors, tall ceilings with exposed ducting, motorized black-out shades, and a whiteboard. There is a large residential style kitchen with ample counter space, refrigerator, oven, stove-top, microwave and sink (no garbage disposal). Included in Activity Room rental rates are tables, chairs, and staff to provide set-up and take-down of City’s equipment and furnishings. NOTE: Utensils, cookware, silverware, dinnerware, towels, potholders, sponges, cleaning supplies, etc. are not provided.
DANCE STUDIOS (M-47 & N-76) Maximum occupancy – 20
The Community Center has two (2) Dance Studios. N-76 is air-conditioned and has a hardwood floor, M-47 is also air-conditioned and has a Marley Floor. Both spaces have ballet bars and mirrors. Available for rent for dance classes and similar type uses. NO food, beverages, smoking or hard -soled shoes are allowed.
Insurance is required to rent Dance Studio Space.
MAIN GYMNASIUM (Bldg. P) Maximum occupancy – 180 in bleachers 100 on floor
The Main Gymnasium offers spectator seating for 180 in bleachers, six (6) basketball standards, two (2) volleyball courts, a hardwood floor, basketball score clock (additional charge), a lobby with restrooms and a ticket booth. NO food, beverage, smoking or hard-soled shoes allowed. Insurance is required to rent the Main Gymnasium.
AUXILIARY GYMNASIUM (Bldg. N) Maximum occupancy – 100
The Auxiliary Gym offers six (6) basketball standards, one (1) volleyball court, a hardwood floor, and score clock (additional fee).
No spectator seating is available. One restroom is immediately adjacent. NO food, beverages, smoking or hard-soled shoes are allowed. Insurance is required to rent the Auxiliary Gymnasium.
POOL (Bldg. N.) Maximum occupancy – 225
The Campbell Community Center Pool is an outdoor 25-yard by 20-yard pool featuring eight lanes. The pool depth is
3.5 feet at the shallow end and 9 feet at the deep end. The pool temperature is kept at 80-82 degrees year-round by solar and gas heat. Lap swim equipment, including kickboards, pull buoys, and noodles are available for use.
Swimmers can also bring their own equipment such as kickboards, pull buoys, snorkels, noodles, and fins. There are men’s and women’s locker rooms including lockers and showers available for use.
ORCHARD CITY PLAZA Maximum occupancy – 100
The Plaza located adjacent to the OCBH and Building E may be available to rent on an hourly basis for private parties and receptions. The area is equipped with outside electrical and may be rented in conjunction with the OCBH. Reservation of this area cannot restrict access to OCBH or any other CCC rooms and must be cordoned off to identify the parameters of the event. Requests to serve alcohol/food, utilize amplified sound or to set up tables and chairs will be subject to approval by the Director of Recreation and Community Services as well as the Chief of Police. Tables, chairs, or other City equipment is not included in the rental price and is not available for outdoor use. If use of Plaza is approved, rental client will be responsible for rental and set- up of tables, chairs, or other equipment
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Priority for booking facilities will be given in the following order:
First priority:
• City of Campbell programs and events
• Non-profit organizations and foundations that exist solely for the purpose of supporting City programs and activities
• Free public meetings held by elected representatives serving the Campbell area • Local election candidate forums sponsored by a non-profit organization, polling and/or trainings offered by the local Registrar of voters
• Free public meetings offered by either of the Campbell school districts (CUHSD and CUSD) • Free public meetings by other governmental agencies that serve Campbell residents • Events by non-profit organizations who have assumed leadership for events once provided by the City • Programs and activities offered by local non-profit organizations • Community Center Tenants
• Events sponsored by/for Campbell High School Alumni groups • Meetings or trainings by school districts or other governmental agencies that are not open to the public (CUHSD, CUSD, and Registrar of voters are each eligible for up to three reservations per calendar year at no charge)
Second priority:
Private meetings, groups, parties, banquets, and social events.
To qualify for non -profit rates, customers must provide a copy of their letter of non -profit status from the California Secretary of State’s office with their non -profit ID number indicated and must pay with an organization check or charge card. Organization name on letter of non-profit status, check/charge card, and permit must all be in the same name. Non-profit customer account address must match the non -profit organization’s business address.
NOTE: Businesses renting the facilities for the purpose of sales must obtain and provide proof of a Campbell Business License, available from the Finance Department’s office at Campbell City Hall.
A. Applications for the following types of uses will not be accepted:
1. Dances or parties advertised and open to the general public.
2. Events in the honor of a minor where alcohol is served.
3. Events offering Carnival rides/activities or gambling and/or games of chance (unless a permit has been obtained from the State Department of Justice and has been approved by the Police Chief).
4. Events advertised over the Internet where advance registration is not required.
To qualify for the Campbell residency, it is the Campbell resident who must make the reservation, sign the forms, be responsible for the event and behavior of guests, and pay all applicable fees.
III. COMMUNITY CENTER BUILDING USE PRIORITIES
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IV. RESERVATION REQUESTS
A. RESERVATION REQUESTS:
1. Reservation requests may be made free of charge online a minimum of ten (10) days prior to the desired date of use. Please visit www.campbellca.gov/rentals for detailed information about how to make this request.
a. Facility Tours will only be scheduled once a reservation request has been made through the online system.
b. Availability of rental spaces is available to be viewed online. Please visit www.campbellca.gov/rentals to learn more.
c. Once a reservation request has been made, rental clients will be contacted with the next steps in the reservation process as follows:
• Step 1: Visit www.campbellca.gov/rentals to learn how to make a free rental request online • View availability, select date and time, add to cart, begin checkout • Step 2: Answer questions about your event:
• Type of event, will alcohol be served, number of people estimated to attend, is a tour needed?
• Step 3: Review guidelines and cancellation policy
• Step 4: Review details for the request and complete the transaction • Step 5: Pending the response to the need for a tour rental clients will be contacted via email to make an appointment to view the facility, once this appointment is made an estimate will be sent to be reviewed prior to tour appointment. If NO TOUR is selec ted, an estimate and payment link will be sent to the rental client. Payment is due within 48 hours of estimate being sent to the client . Payments not received within 48 hours will result in the booking bein g released.
• Step 6: Review estimate details and make full payment (all fees) to confirm rental of facility.
2. All applicants must be at least 18 years of age or older (21 if alcohol is being served) and must be present throughout the entire use of the facility.
3. Full rental fees and applicable deposits are due 48 hours after tour or estimate approval. NOTE:
VISA, MasterCard, American Express and Discover charge cards are accepted. Booking requests will be released if fees are not received at the indicated pay by date (within 48 hours of estimate creation).
a. Applicants reserving facilities less than thirty (30) days in advance must pay in cash, Cashier's check, VISA, MasterCard, American Express and Discover or by guaranteed money order.
Personal or business checks will NOT be accepted less than 30 days prior to intended use. b. Non-Profit applicants who reserve for multiple uses (daily, weekly or monthly uses on one application) may qualify for monthly payments.
c. In all cases, payment must be made a minimum of ten (10) business days in advance of use.
4. No events may be scheduled before 8:00 a.m. or past 12:00 midnight (10:00pm on Sunday through Thursday evenings). No overnight use is allowed. The time reserved must be inclusive of the time needed to set -up, decorate, etc. and clean -up at the conclusion of your use. The time stated on your application should be the actual time you wish to gain entry to the facility (not the time the event/function begins), and the time you anticipate being cleaned-up and gone. Do not expect entry before your scheduled time.
5. Cleaning the facility requires rental clients to “leave it as you found it”. Rental clients are expected to place trash, recycling, and organics in the provided bins, remove all decorations and guests by the permit end time. Please see section V. B. 9 and 10.
6. Some facility uses may require that the applicant obtain a Certificate of Insurance (see Section V-D on page 10 ) or have security services present. Insurance certificates will need to be
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coordinated directly with the insurance provider of the renter’s choice. Security services will be coordinated by City of Campbell staff (see Section V-B-8 on page 9). These requirements will be noted and estimated when applicable on the Facility Reservation Permit. Payment for security services must be provided to the City of Campbell thirty (30) days prior to the event. If insurance requirements are not met, or Security services not paid in full, thirty (30) days prior to the event date, the Facility Reservation Permit is subject to cancellation.
7. An appointment is required to view the facilities, drop -ins will not be accommodated.
Appointments may be scheduled after a reservation request has been submitted. This information will be emailed to the rental client.
8. Reservation requests are not confirmed until applicant receives an approved Facility Reservation Permit. Absolutely no publicity or invitations should be distributed until the applicant receives official confirmation of the room reservation and all applicable fees have been paid.
B. WHEN TO APPLY FOR USE:
1. Weekend Uses of Orchard City Banquet Hall and Roosevelt Room (Q-80):
Applications for weekend (Friday night, Saturday, Sunday) uses, such as wedding receptions may be filed up to one (1) year in advance of the desired date (Campbell Residents). If the year prior date falls on a Saturday, Sunday, or holiday, reservation requests will be accepted on the following business day. Non-residents of the City of Campbell can submit a reservation request ten (10) days later, thereby providing residents with ten full days of priority.
2. Weekend uses of the Multi-Purpose Room (M-50) and Activity Room (E-46):
Applications for weekend (Friday Night and anytime Saturday or Sunday) uses, such as wedding receptions may be filed up to six (6) months in advance of the desired date for Campbell Residents.
If the six-month prior date falls on a Saturday, Sunday, or holiday, applications will be accepted on the following business day. Non-resident of the City of Campbell can apply ten (10) days later, thereby providing residents with ten (10) full days of priority.
3. Other Uses:
Weekday uses, all Gym uses, pool uses, and weekend uses of all other facilities may be submitted according to the following schedule:
FOR THE PERIOD OF: GROUP: APPLY ON:
January 1 through May 31 City, Tenants, & Non-profits November 15 All Others November 25
June 1 through August 31 City, Tenants, & Non-profits April 15 All Others April 25
September 1 through December 31
City, Tenants, & Non-profits
July 15
All Others July 25
3. Exceptions:
a. Major community events open to the general public and deemed to be of significant community interest may be submitted up to one year in advance. b. Non-Profit customers that meet on a regular weekly basis and where weekly meetings on the same day, time and place are integral to their success (churches, etc.), and have established a pattern of paying their monthly fees on time, are allowed to book their regular weekly uses up to one year in advance, subject to availability.
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c. Non-Profit groups that wish to conduct a large -scale event (for example a one -day conference) which requires the need to rent multiple meeting and banquet spaces are subject to approval by the Director of Recreation and Community Services. d. The City of Campbell reserves the right to alter reservations for City needs with at least thirty (30) days advance notice.
Rental of the Campbell Community Center facilities are specific to the room that is rented. Events may not extend into outdoor corridors/hallways, grass areas, parking lot and common spaces. The permit holder is responsible for ensuring that all activities pertaining to the rental event remain inside the facility at all times and do not disturb other events, classes, or businesses on the Community Center campus. Failure to comply will result in the loss of damage deposit.
A. DECORATIONS:
Any decorating, or covering of, or changes to the facilities shall be discussed at the time of facility tour.
The Permittee shall be responsible for putting up any decorations and all other special preparations necessary for the function. All decorations and tape shall be removed at the conclusion of the function.
Permittee shall be responsible for the removal of all decorations, tape, special preparations, Permittee's personal property, and any rented equipment immediately upon the conclusion of their event. Failure to adhere to any of these rules may result in a loss of the damage deposit.
1. All decorations must be inside the rented facility and may only be applied with blue masking tape (except on wood floors). The use of cellophane, adhesive tape, nails, staples, screws, etc., is NOT allowed on walls or ceilings. Staples and pushpins are allowed only on tack strips and bulletin boards.
All tape and string must be removed from all surfaces and equipment at the conclusion of the event.
2. Decorations may NOT be hung from light fixtures, ceilings, heat detectors, emergency lights, or acoustical wall/ceiling tiles.
3. Open flames (such as lighted candles) are NOT allowed without a permit from the Fire Marshal (Santa Clara County Fire Department), and even then, must be in a container that does not allow the flame to exceed the height of the container (i.e.: hurricane lamp) or candle must be floated on water. All decorations must be flameproof or fire retardant.
4. Sterno flames for catering purposes are allowed.
5. Due to the sensitivity of the fire/smoke alarm system and the lingering odor, incense and fog/smoke machines are not allowed in any Community Center facilities. If fire alarm is triggered, all guests must evacuate the building immediately until the Santa Clara County Fire Department provides approval to re-enter the facility. This will cause forfeiture of entire damage deposit and rental client will be responsible for any additional fees occurred for service from SCCFD.
6. All plants, trees, and shrubs must be in waterproof containers and must be carefully placed so as not to damage floor, tables, or block fire exits.
7. No foreign substance may be applied to the floor.
8. No rice, birdseed, confetti, glitter, or hay bales are permitted at the Campbell Community Center or on surrounding sidewalks and parking lots. Use will cause forfeiture of entire damage deposit.
9. For safety reasons, relocation or rearrangement of City equipment is not permitted. City staff on duty must perform any rearrangement of City furnishings and/or equipment. All doors must be kept clear in the event of an emergency evacuation.
10. Signs or banners found taped to any existing directional sign, monument, building, pole or wall on campus will result in a loss of damage deposit.
B. ALCOHOLIC BEVERAGES:
The use of alcoholic beverages is allowed by prior written permit application only and must be requested at the time of reservation request.
V. RULES AND REGULATIONS
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1. Failure to comply with required security, licenses, permits or certificates will result in immediate cancellation of the use and forfeiture of all fees paid.
2. Alcoholic beverages to be consumed on the premises shall be limited to beer, wine and champagne only. Absolutely no hard liquor is allowed.
3. Alcoholic beverages may be served, sold and/or consumed only in the interior of Orchard City Hall, the Roosevelt Redwood Room, , Activity Room, Multi -Purpose Room and designated areas of the Orchard City Plaza. Alcoholic beverages are not to be served or c onsumed outside the specific area/room reserved; guests may not take alcoholic beverages outside into the common areas of the Community Center. Alcohol shall not be served, sold, or consumed in/from vehicles in the parking lot or on the premises.
4. Requests for serving and/or selling alcoholic beverages, in other rooms or common areas, for special occasions must be approved by the Chief of Police, after first receiving the approval of the Director of Recreation and Communication Services. If the presence of alcohol is deemed to conflict with other previously scheduled uses/users, the request may be denied.
5. Alcohol is NOT allowed at youth-oriented events or events held in the honor of a minor (Christenings, birthdays, graduations, coming-out parties, Quinceaneras, Bar or Bas Mitzvahs, etc.).
6. A group or organization wishing to sell alcoholic beverages at their function or provide alcoholic beverages with the cost of a meal or entry fee, must first obtain approval from the Campbell Police Department; and upon approval will be required to obtain, at their own expense, the appropriate permits and licenses (a 24-hour Liquor License) from the State Alcoholic Beverage Control Board. A 24-hour liquor license may be obtained at the:
Alcoholic Beverage Commission, Santa Clara County District Office 100 Paseo de San Antonio #119
San Jose, CA 95113
Telephone: (408) 277-1200
Evidence of this license must be on file in the Community Center office at least ten (10) days prior to the event/function.
7. Permittees sponsoring events where alcohol is sold will be required to obtain liquor liability insurance with the coverage outlined in items D -3 and 4 on pages 12. Those actually selling the alcohol must have received the required training required by the ABC for alcohol sales (checking IDs, not selling to those already over-imbibed, etc.).
8. SECURITY - Permittees sponsoring/hosting events where alcoholic beverages are served or sold may be required, at their expense, to have security present. Approved security services will be required to be present for the duration of the event. NOTE: Security may be required and will be arranged by the Campbell Community Center when: alcohol is being served, your event is scheduled for more than 3 hours, and/or you expect/invited more than 75 people in attendance. Security fees will be estimated at the time of your reservation request and are subject to change on July 1 of each year.
Current fees in effect on the day of the event will be charged in all cases. All security fees will be due no less than thirty (30) days prior to the event date.
a. Security requirements: a minimum of 2 security guards for 75 or more guests in attendance, with 1 additional guard required for every 75 more guests (see table for reference).
Guests Number of Required Guards
0-74 No guards required
75-150 2 guards
151-225 3 guards
226-300 4 guards
301-375+ 5 guards
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9. The Permittee is responsible for neatly disposing of all beverage containers and cartons in the provided receptacles. Recycling and composting is encouraged and receptacles are provided for your use. If space is limited, please contact the Building Attendant staff for assistance.
10. Excessive spills of any beverages or other substances must be mopped up immediately to prevent accidents. Staff on duty will perform this for you; please notify them as soon as a problem exists so any safety hazards can be eliminated as soon as possible.
C. FUND-RAISING:
A fund-raising activity is defined as an event where an admission fee is charged for entry or participation or a donation is collected in order to raise funds for an organization, special cause, or individual.
Examples of fund-raisers may include but are not limited to: Art Fairs where an admission fee is collected, a Crab Feed, Spaghetti Dinner, or other banquet where an admission fee is charged, a Flea Market, an Auction, a Cook-Off, a Casino Night, a class or seminar where a fee is charged for part icipation, or any other event where fees or donations are collected on behalf of an organization, or business. NOTE:
Religious/church services are not considered fund-raising activities.
1. Refer to item 8 under G. General Regulations (page 13) for restrictions on Casino Nights and other “gambling” – type fundraisers.
2. Those selling products or services on-site are required to obtain and provide proof of a City of Campbell Business License, which may be obtained from the:
Finance Department
Campbell City Hall
70 N. First Street (at N. First Street & Civic Center Drive).
Campbell, CA 95008
(408) 866-2174
D. DAMAGES/LIABILITY/INSURANCE REQUIREMENTS:
1. The applicant shall be responsible for any and all damage to the City's premises, equipment, and property. If, after an activity, additional janitorial maintenance is required (in excess of normal cleaning services/time), the applicant will be charged accordingly.
2. The applicant will be held responsible for all actions, behavior and damages caused by his/her guests/attendees.
3. All applicants requesting use of the gymnasium, pool, dance studios or for events deemed potentially dangerous, will be required to provide the City with an original Certificate of Insurance providing proof of the following coverage:
a. Public liability and property damage insurance in an amount not less than $1,000,000 per occurrence.
b. The City of Campbell, its agents, attorneys, employees, officials, and volunteers must be named as an additional insured.
c. The coverage shall not be canceled or reduced without at least fifteen (15) days written notice to the City of Campbell.
d. The certificate must be submitted to the Community Center office at least ten (10) days prior to the event.
4. All applicants requesting permission to sell alcoholic beverages must provide liquor liability insurance in an amount not less than $1,000,000 per occurrence, in addition to the insurance outlined above.
5. The City of Campbell is not responsible for accidents, injury, illness or loss of group or individual property.
E. CANCELLATIONS/REFUNDS:
The City's cancellation policy has been developed to discourage the last -minute cancellation of events.
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If a cancellation is received on short notice, the City's ability to re-rent the facility is severely limited. The cancellation/refund policy is structured to offer the greatest refund in instances where the City has the highest probability of re-renting the facility.
1. In the event that cancellation of a confirmed reservation is necessary, it is the Permittee's responsibility to provide immediate written notification of such intent to cancel use (email to [email protected] is acceptable). City staff will not accept or be held responsible for cancellations made by telephone. The earlier the notice is provided, the greater the refund of use fees. The refund schedule has been set to cover City costs and loss of potential revenues.
NOTE: Cancellations will only be accepted from the Permittee (the person who submitted the reservation request and signed permit waivers), not from anyone else acting on their behalf.
This policy is designed to prevent the unauthorized cancellation of an event.
2. Refunds for cancellation of weekend (peak times Friday, Saturday, Sunday) uses of the banquet halls will be granted on the following basis:
a. Cancellations received more than four (4) months in advance of the scheduled use will receive a refund of the full amount paid less a $75 cancellation fee and the $25 processing fee. (COST to permit holder: $100)
b. Cancellations received 3 - 4 months in advance will receive a refund of the full amount paid less a $175 cancellation fee and the $25 processing fee. (COST to permit holder: $200) c. Cancellations received 2 - 3 months in advance will receive a refund of only 50% of their facility use fees including a $25 processing fee. (MAXIMUM COST to permit holder:
$300)
d. Cancellations received 1 - 2 months in advance will receive a refund of only 25% of their facility use fees including a $25 processing fee. (MAXIMUM COST to permit holder:
$400)
e. Cancellations received less than one (1) month in advance will receive a refund only of fees paid in excess of $500 including a $25 processing fee. (MAXIMUM COST to permit holder: $500)
f. If less than ten (10) days’ notice of cancellation is provided, full use fees will be charged/retained; no refund will be provided.
3. Refunds for cancellation of all other uses will be granted on the following basis:
a. Cancellations received more than two (2) weeks in advance of the scheduled use will receive a refund of the full amount paid less the $25 processing fee and a $25 cancellation fee. (COST to permit holder: $50)
b. If notification is received less than two weeks in advance and more than 24 hours in advance, 25% of facility use fees, plus the $25 processing fee, and $25 cancellation fee will be retained. (MAXIMUM COST to permit holder: $125) c. If less than 24 hours’ notice of cancellation is provided, full use fees will be charged/retained; no refund will be provided.
4. The City of Campbell reserves the right to cancel any use of facilities and/or equipment in emergency situations or when deemed necessary for the safety and best interests of the customers, the City of Campbell, and all concerned. In such cases, City will provide a full refund of all fees and deposits paid.
F. REFUNDABLE DAMAGE DEPOSIT REQUIREMENTS:
1. Refundable damage deposits are processed f or refund 3-5 days after the last permitted use. The timeline of actual refund is 1-3 weeks pending the original payment type. See section IX. G. 3.
2. Refundable damage deposits are refunded if the following conditions are met:
a. No damage or loss to the room and/or surrounding area is caused because of the rental (including excessive trash or clean -up needs, damage from decorations etc.). In the event damage to the room or excessive trash is observed the cost associated with any such damage will be withheld from the refundable damage deposit. The cost will be billed at minimum,
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$50 per hour related to the staff time required to correct damage to facility. b. Use of the facility does not exceed the permitted time. c. All City equipment and property is accounted for and undamaged. d. All policies are adhered to including alcohol and security requirements.
G. GENERAL REGULATIONS:
1. Only City staff can operate the audio/visual equipment and dividing wall in the OCBH. In addition, only City staff can move tables or chairs. Your event set -up needs to be completed and provided to the Campbell Community Center one (1) week or five (5) business days prior to the scheduled event. Any changes to that agreed upon set-up must be completed by the City staff on-site. Call the staff person on duty for assistance at (408) 761-0350.
2. Any person(s) violating the established Rules and Regulations or constituting a public nuisance may be required to leave the facility and premises.
3. Groups composed of minors must be supervised by one (1) adult for each twenty (20) minors throughout use of Community Center facilities. Children must be under adult supervision at all times.
Children are not allowed to run around the facility unsupervised.
4. For customer comfort, energy efficiency and consideration of our neighbors, all doors and windows must remain closed throughout the entire event.
5. ADVERTISING AND SIGNAGE:
a. Posting of flyers, signs, etc. on the Community Center buildings, posts, windows, doors, trees, kiosks, or other structures is strictly prohibited . Adequate signage exists to guide guests to your rented room. Permittees should be very specific on their invitations to provide guests with the specific name (Orchard City Banquet Hall, Roosevelt Redwood Room, etc.) and/or Room number (Q-80, E- 46, etc.) of the facility they have rented for their event. Any signs or flyers found posted will be immediately removed and are subject to removal fees of $25/sign. Directional sandwich signs are available for your use with advance notice, and subject to the fees outlined in Section VIII. b. Events held at the Community Center and open to the public are eligible to be advertised on the reader-board sign, subject to the applicable fees and charges. See On-Site Publicity Administrative Policy for more information. Add page after formatting
c. Events advertised by mailed or emailed flyers are required to list the Permitee’s phone number for directions or questions (do not list the Community Center phone number!). Permittee is required to list the correct room number for the room where the event is held on all fliers (do not list the Community Center Office suite number!). Misinformation on event publicity that causes undue additional work for Community Center staff is cause for additional charges for staff time. d. Internet Advertised Events:
Meetings/events inviting persons unknown to the host(s), via the Internet, will be allowed only under the following circumstances:
• Advertisement must state that participants must register in advance; • Registration system must be capable of maintaining a current count of registrants; • Registration is capable of being closed once the registration reaches the maximum capacity of the room;
• All advertising, location, and directions to the meeting must be removed from the Internet once the maximum capacity has been reached.
• A staffed check-in table is required where registrants are checked -in and the number of participants who have entered the premises is readily available. Once the maximum capacity of the room is attained, absolutely no additional persons are to be admitted.
NOTE: The existing prohibition on dances and/or parties open to the general public (see Section III-B-1 on page 7) remains in effect. Room occupancy limits will be enforced for all events.
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6. Permittees are only to use those facilities and equipment specifically designated on the Facility Reservation permit. Staff on duty does not have the authority to grant use of additional facilities, equipment, or time extensions. Any time the facility is occupied beyond the scheduled time will be billed at 1½ times the standard rate for the overtime use. Use or occupancy of the facility beyond 12:00 midnight will be billed at 2 times the standard rate for the overtime use.
7. Tables and chairs are to be used indoors only and only for the specific use for which they are intended. Standing on tables or chairs or sitting on tables is prohibited.
8. SMOKING/VAPING OR USE OF ELECTRONIC CIGARETTES IS NOT PERMITTED AT THE CAMPBELL COMMUNITY CENTER. The Community Center is considered a “Public Recreation Area” smoking/vaping and e -cigarettes are not permitted inside or near any facilities as well as in any outdoor area including the parking lot, athletic fields etc. Municipal Code Chapter 6.11.020.
9. Card Games, Games of Chance, Raffles and Lotteries are governed by the California Department of Justice. Non-profit organizations desiring to conduct a fundraiser using controlled games (Casino Nights or other gambling events) as a funding mechanism are subject to the limitations of the law as outlined in Chapter 5 of Division 8 of the CA Business and Professions Code (see Section 1, Article 17 commencing with Section 19985).
Web Reference:
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=BPC&division=8.&title= &part=&chapter=5.&article=17. The law specifies that:
a. Non-profit organizations must have been in existence and operation for at least 3 years and must register annually with the Division of Gambling Control; b. Organizations are limited to one such event (5-hour limit) per year; c. At least 90% of the gross revenue from the fundraiser (not including facility use fees) must go directly to the non-profit organization.
d. No cash prizes or wagers may be awarded to participants and maximum value of donated prizes shall not exceed $500 for an individual prize and $5,000 for the total value of all prizes awarded. e. The hosting organization is required to register their event with the CA Department of Justice and is subject to their reporting requirements following the event. f. The Community Center is limited to holding no more than four such fundraisers in any calendar year, even if sponsored by different nonprofit organizations. Please inquire if you desire to conduct such an event.
g. Raffles conducted by non-profit organizations are authorized by California Penal Code Section 320.5, provided the following conditions are met:
• Tickets must be sold with a detachable coupon or stub; • Winners must be determined by drawing coupons or stubs by a person 18 years of age or older;
• At least 90% of the gross receipts must go to charitable or beneficial purposes; • The host organization must register annually with the State Department of Justice and report gross receipts, operational expenses, and distribution of funds. h. Except for the State Lottery, lotteries or raffles by individuals or organizations under conditions other than those described above are illegal.
i. No Bingo game shall be conducted by any organization or other legal entity on city property unless first approved by the Chief of Police and the use of city property has specifically been approved for this purpose by the City Council. (Ord. 1128 1 (part), 1977: Ord 1049 (part), 1976).
10. The Recreation and Community Services Director or other duly authorized representative on duty shall have the right to enter all facilities at any time during any and all uses.
11. Permits/reservations cannot be transferred, assigned or sublet.
12. The Recreation Services Manager shall regulate or prohibit such activity or use, which in his/her judgment is determined to be of a hazardous nature or is potentially dangerous or damaging to property or is not in the best interests of the citizens of the City of Campbell.
13. Businesses or organizations wishing to hold an auction are required to obtain approval from the
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Campbell Police Department, purchase a Campbell Business License and provide proof of liability insurance See Section V.D. (Liability /Insurance Requirements) for insurance requirements.
14. The misuse of the Community Center, failure to conform with facility regulations, or any other Federal, State or local law, rule, regulation or ordinance shall be sufficient reason for immediate termination of permit. No refund will be granted. This shall include overcrowding of the posted maximum capacity for the room in use, serving alcohol to minors or any other instance of serving alcohol when not permitted to do so, and the presence/serving of hard alcohol.
15. The City Council shall have the authority to waive or modify these rules at their discretion. Any and all requests/variances shall be considered individually and shall not be automatically applied as a matter of precedent to past or future uses of a similar nature. Waiver of any stated rule shall be directed, in writing, to the Director of Recreation & Community Services at least 90 days prior to the date of use.
16. The City reserves the right to amend fees and charges as deemed necessary. Previously approved reservations will not be affected by new rates.
17. Firearms, weapons and open flames are prohibited pursuant to Municipal Code Chapter 13.04
18. This Building Use Policy supersedes any policy now in effect and will take effect on July 17, 2024.
19. Animals (including performing animals, birds, or pets) are not allowed except for service animals. Dogs are allowed on a leash throughout the outdoor areas of the Community Center.
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VI. SITE MAP
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WiFi is generally available at the Community Center but is not guaranteed in all rental locations. Any facility rental client who is counting on the availability of WiFi services should make their own arrangements to supply a dedicated hot spot for the success of their event.
The City’s staff will not configure or troubleshoot WiFi connection issues. The client/facility user is responsible for making sure that their clients’/students’ laptops don't have any compatibility issues and getting them set up on the wireless connection. Each computer can be different and City staff cannot provide this level of individual service – that is the client’s responsibility.
The City shall not be responsible for any downtime on the Comcast-provided WiFi and makes no guarantees that the connection will be sufficient for any event. If Comcast has a system- wide or area wide system failure affecting service in the Community Center, the City shall not be responsible for this service failure and the fees paid for the rental of the room shall remain in force and not subject to forfeiture for this reason.
VII. ACCESS TO WIFI AT THE COMMUNITY CENTER
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Purpose:
The purpose of this policy is to establish guidelines for the placement of allowable publicity on the Community Center site, including, but not limited to use of the Reader Board/marquee, banners, posters, and flyers that will be both effective and attractive, while not being a nuisance or distraction or otherwise detract from the aesthetics of the Community Center.
Multimedia Reader Board Sign:
The Reader Board sign is available to publicize the following activities:
1. City events and activities including events sponsored by non-profits that exist solely to support City programs (i.e. Friends of the Heritage Theatre and the Museum Foundation);
2. Heritage Theatre season show sponsors;
3. Notice of upcoming Campbell High School reunion events;
4. Major community events that are co-sponsored (officially recognized, approved and/or subsidized) by the City or require downtown street closures, or held in City parks or facilities;
5. Messages regarding youth sports league sign-ups occurring at the Community Center;
6. Messages regarding free meetings and events of general public interest sponsored by public agencies or legislators serving the Campbell community.
7. Messages from outside organizations may appear no more than 4 weeks in advance of the event date.
8. Messages are subject to fees as outlined in the fee schedule below, with the following exceptions:
a. Events or meetings administered by the City of Campbell; b. Notices from local community or business organizations regarding public events, meetings or activities co-sponsored by the City and occurring in City Parks, facilities, or the downtown area;
c. Notices from other public agencies or legislators serving the Campbell community regarding public forums, Town Hall meetings or other public meetings of general interest to the community (messages for fundraisers are not subject to fee exceptions);
d. Notices from public schools regarding free events or meetings of general public interest (messages for fund -raisers or special events involving an entry fee not subject to fee exceptions).
Banners & Signs:
1. All signs and banners must be approved, in advance, by the Recreation Community Services Director, or his/her designee.
2. Signs and banners are allowed only on the day of the event to help guide patrons to the activity, and they are allowed only in the specific location(s) approved by City staff. Banners may not be hung or attached to existing fences and signs. The only building that may be used to display banners is the Concession Stand building and only for events that are being held in the Stadium and/or Athletic Fields.
3. Signs must be hung in a manner that will cause no permanent damage to the building or facility. Nails and tape shall not be used to hang banners or signs. Penetrations in landscaped areas shall be approved, in advance, by the Grounds Maintenance Supervisor or his/her designee so as to avoid damage to irrigation and other underground piping. Banner Hanging Fees are outlined in the fee section on page 18.
VIII. ON-SITE PUBLICITY POLICY
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All banners must be professional vinyl banners with side sleeves for side posts or metal grommets for plastic ties or carabineers. The banner and all hanging devices must be completely removed immediately following the event (same day). The City is not responsible for banners left for more than 10 days after the event.
4. Sings or banners found taped to any existing directional sign, monument, building, pole or wall on campus will result in a loss of damage deposit.
Posters & Flyers:
1. Posters or flyers advertising events/programs of general public interest relating to recreational, cultural, athletic, community education, or social services available, may be submitted from public agencies, non-profit organizations and Community Center tenants to be displayed in the Community Center’s display case at the west end of Building E. All posters/flyers are subject to the approval of the Recreation & Community Services Director or his/her designee and must be professional in appearance (no handwriting). Posters will be displayed as space and time permit.
2. Posters regarding events occurring in the Heritage Theatre or at the Community Center may be submitted for display, up to one month in advance, in the (3) kiosk directories on -site. Posters shall not exceed 12” wide x 17” length, must be professionally printed (not hand - written) and will not be returned to the provider.
3. Only flyers regarding events provided by the City of Campbell or events occurring in the Heritage Theatre may be submitted for display in the various (5) pedestrian kiosks on -site. These signs shall be laminated, and finished size shall be exactly 8½” x 11 ”. Flyers shall be delivered to the Community Center Office, #C -31 at least one week in advance of desired posting date and no more than one month in advance of the event date.
4. Posters/flyers for private businesses will not be posted.
5. Posters, flyers and directional signs shall not be attached to the exterior of any building, post, wall, fence, sign, kiosk or other structure of any type. When they are found they will be immediately removed and any costs for removal and/or repair of damage (paint removal) w ill be billed to the sponsoring agency or individual.
6. Flyers, coupons or other literature may not be distributed by hand, left on vehicles or otherwise distributed on site at the Campbell Community Center.
Directional Signs:
1. The signage program at the Community Center is sufficient to direct visitors to any room on campus, provided the visitor has the correct name or room number of their intended destination.
2. Informational and directional signs for events being held at the Community Center are allowed only when scheduled in advance with the Reservations Staff and posted in/on the provided plastic A-frame signs. When customer provides the sign(s) there is no charge for this service. If the City provides signs, the cost is $25 to cover staff time to prepare signs. Signs must be computer-generated and attractive; hand-printed signs will not be allowed. Signs are for interior site use only. Signs of any kind are not allowed on the public right-of-way (visible from Campbell Ave., Winchester Blvd., or Latimer Ave.).
Fees:
Readerboard Messages $33/message/week
Modifications to Readerboard Messages $15/message
Banner Hanging $25/banner
Directional Signs created by City staff $25/set
All fees are payable, in advance, to the City of Campbell in the Community Center main Recreation Office C-31 as part of the facility permit.
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IX. FEES AND CHARGES
The fees and charges set forth here are NOT negotiable; City staff does not have authority to waive or reduce fees. All fees and security/damage deposit are due at the time the reservation is submitted to hold the date and facility.
Minimum rental time: 2 hours for regular uses and 3 hours for banquet hall uses during non-operating (peak) hours.
Gyms may be considered for rentals less than 2 hours on a case by case basis.
A. Definition of Terms:
a. NON-PROFIT: To qualify for non-profit rates, customers must provide a copy of their letter of non- profit status from the California Secretary of State’s office with their non-profit ID number indicated and must pay with an organization check or charge card. Organization name on letter of non-profit status, check/charge card, and permit must all be in the same name. Non-profit customer account address must match the non-profit organization’s business address. b. SPECIAL PEAK RATES: Special peak rates are for the following reservations:
I. Public meetings held by elected representatives serving the Campbell area II. Local election candidate forums sponsored by a non-profit organization, polling and/or trainings offered by the local Registrar of voters
III. Meetings offered by either of the Campbell school districts (CUHSD and CUSD) IV. Public meetings by other governmental agencies that serve Campbell residents V. Events by non-profit organizations who have assumed leadership for events once provided by the City
VI. Programs and activities for which there is no entry fee for participation or attendance offered by local non-profit organizations
VII. Community Center Tenants
VIII. Events sponsored by/for Campbell High School Alumni groups IX. Meetings or trainings by school districts or other governmental agencies that are not open to the public
The above listed reservations can use the facility during non-peak time with basic staffing levels (2 building attendants or 1 technician) any charges above this will be assessed at the time of booking. The CUSD & CUHSD are limited to 3 uses per year.
CAMPBELL RESIDENT: To qualify for Campbell Resident discount, customers must provide proof of residency (i.e. driver’s license, utility bill etc.). Permit holder and payee must be in the same name to qualify for resident discount.
B. Resident Discount:
Campbell Residents paying for a rental will be given the following discount on building rental rates:
$25 Per hour discount for rental of the full Orchard City Banquet Hall $5 Per hour discount for all other building rental rates
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C. Facility rental fees for uses occurring during off-peak (normal operating) hours shall be assessed as follows:
(Monday through Thursday, 8:00am - 10:00pm and Fridays 8:00am to 5:00pm, except on recognized City holidays)
*A 2% Facility Preservation Fee is added to the hourly rate and is charged at the time of booking.
COMMUNITY CENTER BUILDING USE FEES – OFF PEAK
Orchard City Banquet Hall
with Kitchen Per Hour
Orchard City Banquet Hall
North or South Per Hour
Kitchen in OCBH Per Hour
Roosevelt Redwood Room
(Q-80) Per Hour
Mary Campbell Room (Q-84) Per Hour
Multi-Purpose Room (M-50) Per Hour
Adult Center Meeting Room
(C-35) Per Hour
Dance Studios (M-47, N-76) Per Hour
Conference Room (E-44) Per Hour
Board Room (E-42) Per Hour
Main Gym (Bldg. P) Per Hour
Auxiliary Gym (Bldg. N) Per Hour
CCC Plaza Per Hour
Vacant Leased Space Per Hour
Swimming Pool Rental
Per Hour
Base Hourly
Rate
Non-Profit
Rate
$135 $115
$95 $75
$56 $51
$95 $75
$70 $60
$85 $75
$70 $60
$65 $55
$55 $45
$55 $45
$80 $70
$70 $60
$41 $36
$55 $45
$200 $200
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COMMUNITY CENTER BUILDING USE FEES - PEAK
D. Facility rental fees for uses during peak (NON-OPERATING) hours shall be assessed as follows:
Special
Peak Rates
Base Hourly
Rate
Non-Profit
Rate
Orchard City Banquet Hall
with Kitchen Per Hour $100 $250 $200
Orchard City Banquet Hall
North or South Per Hour N/A N/A N/A
Roosevelt Redwood Room
(Q-80) Per Hour $52 $130 $105
Mary Campbell Room (Q-84) Per Hour $35 $95 $70
Multi-Purpose Room (M-50) Per Hour $47 $120 $95
Adult Center Meeting Room
(C-35) Per Hour $35 $95 $70
Dance Studios (M-47, N-76) Per Hour N/A $80 $70
Conference Room (E-44) Per Hour $25 $75 $50
Board Room (E-42) Per Hour $25 $75 $50
Main Gym (Bldg. P) Per Hour $48 $105 $95
Auxiliary Gym (Bldg. N) Per Hour $38 $85 $75
CCC Plaza Per Hour $23 $51 $46
Vacant Leased Space Per Hour $25
$75 $50
Swimming Pool Rental Per Hour $200
$200 $200
*A 2% Facility Preservation Fee is added to the hourly rate and is charged at the time of booking.
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COMMUNITY CENTER BUILDING USE FEES
E. Processing Fees:
1. All applications are subject to a non-refundable $25 Processing Fee.
2. Any changes in time, date(s) or use made to a multi-use permit or made less than thirty (30) days prior to a one-time use, are subject to an additional $25 Processing Fee.
F. Additional Charges:
1. 2.
All hourly fees are subject to a 2% Facility Preservation Fee. The Preservation Fee is calculated at time of permit and all fees are due at time of payment.
A janitorial service fee of $100 will be required for all rentals serving food and more than 75 participants/guests in attendance. This fee will be due at the time of payment.
3. A security service fee may be required for all rentals serving alcohol and hosting more than 75 participants/guests in attendance. Fees associated with security cover a minimum of two (2) guards and is based on the number of attendees. The rate charged to the customer is a direct pass-through from the approved vendor and ranges from $50.00 -$70.00 per hour per security guard.
4. Uses which extend beyond the approved reserved time will be charged at 1½ times the normal rental rate.
5. Uses which extend beyond 12:00 midnight are not permitted and will be charged at two (2) times the normal rental rate.
6. 7.
Rental of the Swimming Pool will require the City to schedule certified lifeguards on‐site for the duration of the pool rental. A minimum of two (2) Lifeguards will be required for rentals and the total number of Lifeguards will be determined by the Recreation Specialist or Department Designee at the time of the facility request. Each Lifeguard will be charged at $25 per hour.
Reservations for recognized City holidays and dates between Christmas Eve and New Years Day are subject to additional fees to cover staff holiday pay (1 ½ times the normal rental rate), when staff can be obtained to take the assignment. (Non-profits and Special Rate requestors are not exempt from these additional fees).
G. Deposits:
1. Refundable cleaning/damage/security deposits are required for the following uses in the following amounts:
Facility AAmount
a) Use of Orchard City Banquet Hall $800
b) Uses of Roosevelt Room (Q-80), Multi-Purpose Room (M-50), or Activity Room (E-46) $500 c) Uses of Meeting Rooms $200
d) Uses of Gymnasiums $200
e) Uses of Pool $500
f) Plaza $200
2. The City reserves the right to deduct from the damage deposit additional charges relating to, but not limited to, additional janitorial services, maintenance/repair services, staff supervisor’s time, or emergency services that were required as a result of your use.
3. Deposits may be fully or partially withheld for any of the following reasons:
a. Facility use fees for time used in excess of that reserved. b. Damage to facility or equipment.
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c. Misuse of the Community Center (refer to item F-3 in Section V). d. Inadequate cleanup by customer requiring additional custodial time/services after customer’s use. e. Damage to landscaping and/or outdoor equipment; or
f. Misrepresentation of the type of event held, or group/individual using the facility. g. Failure to observe any policies, including alcohol and security guidelines.
4. If additional fees due exceed the amount of deposit, customer will be billed for the balance.
5. Deposits, less any applicable additional charges, will be processed through the City's Finance Department, approved by City Council, and returned to the customer by the same method the original payment was made. If paid by credit card all efforts will be made to submit refund to same credit card, if payment was made by cash, check or cashiers check, a check will be sent by mail within 30 days of the date of last use. The City reserves the right to return a damage deposit by check if the original form of payment is no longer available (credit card expired etc.)
6. It is the customer's responsibility to keep the Campbell Community Center office informed of any address, or telephone changes that may affect the prompt return of the customer’s deposit.
H. Equipment Rental & Fees
For the convenience of facility users, the City will make available the listed equipment for use in/on City facilities. This equipment is available exclusively for use on/at City facilities and may not be rented for personal or off-site use.
1. Reservations:
Equipment must be reserved at least ten (10) days prior to the desired date of use on the Facility Use Reservation form.
Meeting Room Equipment Amount
a) Coffee Urn - 100 Cup $15 per day
b) Coffee Urn - 35 Cup $10 per day
c) Directional Sandwich Signs free with room rental
d) LCD Projector $100 per day
e) Podium free with room rental
f) Portable Easel (Each Easel) $10 per day
g) Portable Easel with Easel Pads (Each Easel) $30 per day h) Portable Projection Screen $15 per day
i) Portable PA Systems $100 per day
j) Stanchions $25 per day
k) Microphone $20 per day
Athletic Equipment FY 22/23
a) Basketball Scoreboard Control (portable) $25 per day
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Meeting Room Equipment
a) Coffee Urn - 100 Cup
b) Coffee Urn - 35 Cup
c) Directional Sandwich Signs
d) LCD Projector
e) Podium
f) Portable Easel (Each Easel)
g) Portable Easel with Easel Pads (Each Easel)
h) Portable Projection Screen
i) Portable PA Systems
j) Stanchions
k) Microphone
l) In-House Sound System (Roosevelt Room Q-80 & Orchard City Banquet Hall)
FY 24/25 Fee Charge Basis
$15 per day
$10 per day
free with room rental per day
$100 per day
free with room rental per day
$10 per day
$30 per day
$15 per day
$100 per day
$25 per day
$20 per day
$50 per day
FY 24/25 Fee Charge Basis
$25 per day
a) Basketball Scoreboard Control (portable)
Athletic Equipment
City of Campbell
RECREATION & COMMUNITY SERVICES FEES
E. Equipment Rental & Fees
F. Processing Fees
1. All applications are subject to a non-refundable $25 Processing Fee.
2. Any changes in time, date(s) or use made to a multi-use permit, or made less than thirty (30) days prior to a one-time use, are subject to an additional $25 Processing Fee.
G. Additional Charges
1. A janitorial service fee of $100 will be required for all rentals serving food and in excess of 75 participants.
2. A security service fee willmay be required for all rentals serving alcohol and hosting more than in excess of 75 participants/guests. Fees associated with security cover two (2) officersguards and is based on the number of attendees. minimum of 6 hours for service. The minimum security charge is $600. All events exceeding 6 hours or 75 attendees will incur additional security charges. The rate charged to the customer is a direct pass-through from the approved vendor and ranges from $50.00-$70.00 per hour per security guard.
3. Uses which extend beyond the approved reserved time will be charged at 1½ times the normal rental rate.
4. Uses which extend beyond 12:00 midnight are not permitted and will be charged at two (2) times the normal rental rate.
5. Rental of the Swimming Pool will require the City to schedule certified lifeguards on-site for the duration of the pool rental. A minimum of two (2) Lifeguards will be required for rentals and the total number of Lifeguards will be determined by the Recreation Specialist or Department Designee at the time of the facility request. Each Lifeguard will be charged at $25 per hour.
6 Reservations for recognized City holidays and dates between Christmas Eve and New Years Day are subject to additional fees to cover staff holiday pay (1½ times the normal rental rate), when staff can be obtained to take the assignment. (Non-profits and Special Rate requestors are not exempt from these additional fees).
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Attachment: FY25 Fee Schedule pg 33_redline (Modify Building Use Policy and Amend Fee Schedule)
City
Council
Report
TITLE: Public Hearing to Consider Authorizing the Distribution of a Revised Request for Proposals (RFP) for Consultant Services to Support the Development of the Hamilton Avenue Precise Plan (PLN -2023-138) (Resolution/Roll Call Vote)
RECOMMENDED ACTION
That the City Council adopt a Resolution authorizing the release of a revised Request for Proposals (RFP) for consultant services to support the development of the Hamilton Avenue Precise Plan.
EXECUTIVE SUMMARY
Late last year, the City of Campbell accepted a $400,000 grant from the Metropolitan Planning Commission (MTC) to develop the Hamilton Avenue Precise Plan. After releasing a related Request for Proposals (RFP) staff suspended its review after determining the RFP would need to be revised to comply with Federal procurement requirements of the grant.
This item seeks authorization to release a revised RFP which, in addition to addressing Federal requirements of the grant, has been updated to refine the project scope for closer alignment with the awarded budget, focusing on multi -modal improvements and gateway enhancements in the plan area. Key changes to the project scope have been summarized in the discussion.
BACKGROUND
As part of the 2040 General Plan update process, the Hamilton Avenue / Highway 17 interchange was identified as an area of interest for transportation improvements, gateway enhancements, and transit -oriented housing development. Consistent with these objectives, the 2023 -2031 Housing Element designated nine (9) high -density housing opportunity sites in the area which are anticipated to produce over a thousand new housing units. To improve access between the new residences and businesses located west of Highway 1 7 with the Hamilton Avenue Light Rail Station located across the Highway , and to evaluate redevelopment of the area, the 2040 General Plan included Policy LU-9.a. which calls for the preparation of a Precise Plan for the Hamilton Avenue Area.
Item: 15
Category: UNFINISHED BUSINESS
Meeting Date: July 16, 2024
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Hamilton Ave. Plan - Revised RFP Page 2 of 5
At its February 21, 2023 , meeting, the City Council authorized the Community Development Director to submit for a PDA grant from MTC for the development of a Precise Plan consistent with Policy LU-9.a of the 2040 General Plan.
On June 29, 2023, the City of Campbell received confirmation it received a grant award of $400,000 in funding from the Metropolitan Planning Commission (MTC) to support the development of a Hamilton Avenue Precise Plan.
On September 19, 2023, the City Council adopted a Resolution accepting the $400,000 Priority Development Area (PDA) grant from the MTC, approved a Master Funding Agreement with MTC, and authorized the City Manager to execute the agreement and related supplements and approving the release of a Request for Proposals (RFP) for related consultant services.
Between September and October 2024, the City circulated a Request for Proposals (RFP) for consultant services to support the development of the Hamilton Avenue Precise Plan. Following circulation, staff received information from MTC concerning Federal requirements associated with the grant that would require the City to re -issue the RFP for compliance. Staff then paused the RFP process and began work on revising the documents. Through this process, staff also re -evaluated and refined the scope of the Hamilton Avenue Precise Plan, to better align with work efforts being conducted by Public Works, such as a feasibility study of a new overcrossing of Highway 17 and near-term resurfacing of the Hamilton Avenue roadway.
DISCUSSION
The following discussion summarizes key changes to the City’s Request for Proposals (RFP) since its release. The discussion is organized into two topic areas: 1) Changes to Procurement Process; and 2) Changes to Scope of Work.
Changes to Procurement Process : Although the City's RFP satisfied local procurement requirements, several adjustments were necessary to comply with Federal procurement requirements of the grant. While most of these requirements were minor and procedural in nature, one of the more significant changes is the establishment of a Disadvantaged Business Enterprise (DBE) goal for the project.
The DBE project goal serves to provide businesses owned and operated by socially and economically disadvantaged individuals an equitable opportunity to participate in federally funded projects. For the Hamilton Avenue Precise Plan, a DBE goal of forty percent (40%) was established based on the number of DBE -certified businesses that may provide services associated with tasks outlined in the scope of work. Responsive consultants will either need to commit to achieving the required DBE goal or demonstrate a good faith effort achieve the goal to be considered for the project.
To comply with the grant requirements, forms have also been added to the RFP that serve to document DBE compliance, disclose potential conflicts of interest, and satisfy other technical requirements as a federally funded project. 15 Packet Pg. 517
Hamilton Ave. Plan - Revised RFP Page 3 of 5
Changes to Scope of Work:
The revised scope of work will have the selected consultant, with assistance from City staff, complete an assessment of the existing conditions in the Hamilton Avenue Plan Area. This analysis will account for, and build upon the work of, several Public Works Department projects in the area, including the Hamilton Avenue/Highway 17 Bicycle Overcrossing Feasibility Study and the Hamilton Avenue Resurfacing Project.
Following completion of the existing conditions analysis, the project will work to identify preferred multi -modal improvements and gateway features for the project area. The multi-modal plan will culminate in the development of plans and cost estimates for their implementation for the entire Hamilton Avenue Precise Plan area. As deliverables, the scope anticipates work products similar to those recently prepared for the Campbell Transportation Improvement Plan for the Downtown areas, as depicted below, but encompassing the entire study area.
Figures 1 to 3 – Examples of Concept Plans & Cost Estimate
After a more thorough evaluation of the anticipated design cost to prepare plans for a new pedestrian overcrossing of Highway 17, this element has been removed from the prior scope of work. This change was made due to cost considerations and to better align the project with a feasibility study of a Highway 17 overcrossing overseen by Public Works.
Consistent with the requirements of the grant, staff will also analyze the application of Transit-Oriented Community (TOC) Policies which minimally require consideration of potential changes to floor area ratio, establishment of parking requirements, and allowable density within the plan area.
In the development of the plan, as well as its adoption, the project scope anticipates broad community engagement and regular check -in meetings with the Planning Commission and City Council (reference Attachment C – Preliminary Scope of Work).
NEXT STEPS
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The schedule assumes that the City Council will award the contract later this year .
Following execution of the contract, the City Council will hold a separate kick -off meeting with the selected consultant to discuss the project scope, schedule, and community engagement strategy. Overall, the project is anticipated to be completed within 30 months of authorization consistent with the grant timing requirements.
FISCAL IMPACT
The $400,000 grant is anticipated to cover the full cost of consultant services related to the preparation of the Hamilton Avenue Precise Plan. $100,000 in grant related expenditures and reimbursement revenue are estimated to occur in FY 2025 and have been programmed in the FY 2025 Adopted Budget. Remaining grant related expenditures and reimbursement revenue will be programmed into future budgets.
ALTERNATIVES
In consideration of the subject item, staff has identified two alternative options:
1. Do Not Authorize the RFP . Should the Council deny the request and/or fail to take any action, the City will be unable to release a Request for Proposals for consultant support utilizing available grant funding. If this option is pursued, staff would request direction from Council whether to use City funds or staff resources to support the effort or to suspend development of the Hamilton Avenue Precise Plan at this time.
2. Request Changes to the Project Scope . The City Council may request staff to incorporate changes or refinements to the Preliminary Scope of Work (reference Attachment C) prior to release of the Request for Proposals by articulating the specific changes to be made in the motion and/or by requesting staff to return with a revised scope of work for consideration at a subsequent City Council meeting date.
Prepared by:
Stephen Rose, Senior Planner
Reviewed by:
Rob Eastwood, Community
Development Director
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Hamilton Ave. Plan - Revised RFP Page 5 of 5
Approved by:
Brian Loventhal, City Manager
Attachment:
a. Draft Resolution
b. Draft Request for Proposals
c. Preliminary Scope of Work
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RESOLUTION NO. ______________
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
AUTHORIZING THE DISTRIBUTION OF A REQUEST FOR PROPOSALS (RFP)
FOR CONSULTANT SERVICES TO SUPPORT THE DEVELOPMENT OF THE HAMILTON AVENUE PRECISE PLAN (PLN-2023-138)
WHEREAS, as part of the 2040 General Plan update process, the Hamilton Avenue / Highway 17 interchange was identified as an area of interest for transportation improvements, gateway enhancements, and transit-oriented housing development; WHEREAS, on April 18, 2023, the City Council adopted the 2040 General Plan which included Policy LU-9.a which calls for the preparation of a Precise Plan for the Hamilton Avenue Area; WHEREAS, at its February 21, 2023, meeting, the City Council authorized the Community Development Director to submit for a PDA grant from MTC for the development of a Precise Plan along the Hamilton Avenue corridor, east and west of the Highway 17 interchange consistent with Policy LU-9.a of the 2040 General Plan; WHEREAS, on June 29, 2023, the City of Campbell received confirmation of $400,000 in funding from the Metropolitan Planning Commission (MTC) for the development of a Hamilton Avenue Precise Plan;
WHEREAS, on September 19, 2023, the City Council adopted a Resolution accept ing the $400,000 Priority Development Area (PDA) grant from the MTC, approv ed a Master Funding Agreement with MTC, and authoriz ed the City Manager to execute the agreement and related supplements and approving the release of a Request for Proposals (RFP) for related consultant services;
WHEREAS, between September and October 2024, the City circulated a Request for Proposals (RFP) for consultant services to support the development of the Hamilton Avenue Precise Plan; WHEREAS, following circulation of the Request for Proposals (RFP), staff suspended its review process after finding the RFP would need to be revised and recirculated t o comply with procurement requirements of the grant;
WHEREAS, the Request for Proposals (RFP) has been revised to comply with procurement requirements and the grant and to refine the scope of work and deliverables for the project to account for Public Works and VTA projects occurring within the study area; WHEREAS, the PDA grant from MTC will fully fund the anticipated costs to prepare the Hamilton Avenue Precise Plan and does not require any match funding from the City; WHEREAS, the City will have adequate staffing to deliver and complete the project with the assistance of a third-party consultant;
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Attachment: Draft Resolution (Hamilton Ave. Plan - Revised RFP) City Council Resolution No. Page 2 of 2 PLN-2023-138 – Authorizing Release of an RFP for the Hamilton Ave. Precise Plan
WHEREAS, recognizing the anticipated complexity involved in preparing the Hamilton Avenue Precise Plan staff has recommended selection of a consultant through a formal RFP process;
WHEREAS, the City Council seeks to authorize the distribution of a Request for Proposals (RFP) substantially consistent with that included as Attachment B of the July 16, 2024, City Council staff report;
WHEREAS, the City Council seeks to authorize and direct the Community Development Director to replace placeholder exhibits and make other amendments to the Draft Request for Proposals necessary to serve the City’s interests and fulfill the procurement requirements of the grant; and
WHEREAS, the City Council has reviewed and accepted the Draft Request for Proposals (RFP) and found it to include the appropriate tasks needed for a consultant to assist the Community Development Department in preparing the Hamilton Avenue Precise Plan.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell hereby approves the release of a distribution of a Request for Proposals (RFP) for related consultant services as substantively set forth in Attachment B of the July 16, 2024, City Council staff report as may be amended to serve the City’s interests and fulfill the procurement requirements of the grant.
PASSED AND ADOPTED this ____ day of _____, 2024, by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
APPROVED: _____________________
Susan M. Landry, Mayor
ATTEST: _________________________
Andrea Sanders, City Clerk
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Attachment: Draft Resolution (Hamilton Ave. Plan - Revised RFP)
CITY OF CAMPBELL
DRAFT Request for Proposals (RFP)
Hamilton Avenue Precise Plan
RFP Release Date
July 17, 2024
Proposal Submittal Deadline
September 3, 2024, at 4 p.m. (PST)
City of Campbell
Attn: Community Development Department
70 North First Street
Campbell, CA 95008
City Contact for Questions:
Stephen Rose, Senior Planner
(408) 866-2140
[email protected]
RFPs Submitted To:
[email protected]
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Attachment: Draft Request for Proposals (Hamilton Ave. Plan - Revised RFP)
REQUEST FOR PROPOSALS
Hamilton Avenue Precise Plan
The City is issuing this Request for Proposals (“RFP”) for preparation of a Hamilton Avenue Precise Plan . The City of Campbell has budgeted approximately four -hundred thousand dollars ($400,000) for this effort which will be funded, in whole or in part, with federal funds.
Accordingly, the requirements included in Attachment H, Federally Required Clauses of Appendix D, City of Campbell Standard Consultant Contract, and Appendices E through E-5 to this RFP shall apply to this procurement. Consultants are solely responsible for ens uring proposals are received by the City on or before the submittal deadline. Interested firms must submit their Proposal both physically and by email by September 3, 2024, at 4 p.m. Pacific Standard Time (PST), in accordance with the instructions contained in the RFP. Other key RFP dates are listed in Section V, Consultant Selection Timetable of the RFP.
Proposals must be submitted Physically and By Email as follows:
Physically
Printed Copy & PDF on USB Drive
Send to:
City of Campbell
Office of the City Clerk
70 N. First Street
Campbell, CA 95008
By E-mail
PDF Copy or Hyperlink to PDF File
Send to:
[email protected]
Failure to comply with the requirements set forth in this RFP may result in disqualification.
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 subm ittal 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 in formalities or irregularities contained in any proposal. Acceptance of any proposal submitted pursuant to this RFP shall not constitute any implied intent to enter into a contract. During the evaluation process, the City of Campbell reserves the right, where it may serve the City’s best interest, to request additional information or clarification from proposers, or to allow corrections of errors or omissions. At the discretion of the City of Campbell, firms submitting proposals may be requested to make oral presentations as part of the evaluation process. The City reserves the right to retain all proposals submitted and to use any idea(s) in a proposal regardless of whether that proposal is selected. Submission of a proposal indicates acceptance by the firm of the conditions contained in the request for proposals, unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City of Campbell and the firm selected.
The contract award, if any, will be made to the Consultant 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 Stephen Rose, Senior Planner by email at [email protected].
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Attachment: Draft Request for Proposals (Hamilton Ave. Plan - Revised RFP)
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Attachment: Draft Request for Proposals (Hamilton Ave. Plan - Revised RFP) Hamilton Avenue Precise Plan RFP
Page ii
TABLE OF CONTENTS
I. CITY OF CAMPBELL AND PROJECT DESCRIPTION .................................................................................. 1 A. DESCRIPTION OF THE CITY OF CAMPBELL ............................................................................................................. 1 B. PROJECT DESCRIPTION .......................................................................................................................................... 1 II. PROPOSER DESIRED QUALIFICATIONS ...................................................................................................... 2 III. PRELIMINARY SCOPE OF WORK, PERIOD OF PERFORMANCE, AND BUDGET ............................ 3 A. PRELIMINARY SCOPE OF WORK ............................................................................................................................ 3 B. PERIOD OF PERFORMANCE .................................................................................................................................... 3 C. BUDGET ................................................................................................................................................................ 3 V. CONSULTANT SELECTION TIMETABLE ..................................................................................................... 3 VI. SUBMITTAL OF PROPOSALS ......................................................................................................................... 4 VII. FORM OF PROPOSAL ...................................................................................................................................... 5 VIII. PROPOSAL EVALUATION ............................................................................................................................ 8 A. REVIEW FOR GENERAL RESPONSIVENESS ............................................................................................................ 8 B. EVALUATION COMMITTEE AND EVALUATION CRITERIA ...................................................................................... 9 C. PROPOSER INTERVIEWS ...................................................................................................................................... 10 D. RECOMMENDATION FOR CONTRACT AWARD ..................................................................................................... 10 IX. GENERAL CONDITIONS ................................................................................................................................ 10 A. AWARD .............................................................................................................................................................. 10 B. CONTRACT ARRANGEMENTS .............................................................................................................................. 10 C. SELECTION DISPUTES ......................................................................................................................................... 11 D. PUBLIC RECORDS ............................................................................................................................................... 12 E. KEY PERSONNEL................................................................................................................................................. 12 F. CONFLICTS OF INTEREST .................................................................................................................................... 12 G. PERSONALLY IDENTIFIABLE INFORMATION ........................................................................................................ 13 H. COMMUNICATION............................................................................................................................................... 13 I. DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENT ........................................................................ 13 APPENDIX A, PRELIMINARY SCOPE OF WORK ........................................................................................... 14 APPENDIX B, COST AND PRICE ANALYSIS FORM ....................................................................................... 22 APPENDIX C, CALIFORNIA LEVINE ACT STATEMENT.............................................................................. 23 APPENDIX D, CITY OF CAMPBELL CONSULTANT CONTRACT .............................................................. 24 APPENDIX D-1, INSURANCE REQUIERMENTS .............................................................................................. 25 APPENDIX E, FEDERAL REQUIREMENTS ...................................................................................................... 26 APPENDIX E-1, CERTIFICATION OF RESTRICTIONS ON LOBBYING .................................................... 29 APPENDIX E-2, CONSULTANT PROPOSAL DBE COMMITMENT .............................................................. 30 APPENDIX E-3, DBE INFORMATION – GOOD FAITH EFFORTS DOCUMENTATION .......................... 34 APPENDIX E-4, DBE INFORMATION – GOOD FAITH EFFORTS ................................................................ 37 APPENDIX E-5, DISCLOSURE OF LOBBYING ACTIVITIES ........................................................................ 40
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Attachment: Draft Request for Proposals (Hamilton Ave. Plan - Revised RFP) Hamilton Avenue Precise Plan RFP