________________________________________________________________________________ Conditions of Approval- 1530 and 1540 Pomeroy Avenue- Tentative Map PLN21-15320 Page 1 of 6 March 9, 2022
CONDITIONS OF APPROVAL
In addition to complying with all applicable codes, regulations, ordinances and resolutions, the following conditions of approval are recommended:
GENERAL
A. If relocation of an existing public facility becomes necessary due to a conflict with the developer's new improvements, then the cost of said relocation shall be borne by the developer.
B. Comply with all applicable codes, regulations, ordinances and resolutions.
ATTORNEY’S OFFICE
A. The Developer agrees to defend and indemnify and hold City, its officers, agents, employees, officials and representatives free and harmless from and against any and all claims, losses, damages, attorneys' fees, injuries, costs, and liabilities arising from any suit for damages or for equitable or injunctive relief which is filed by a third party against the City by reason of its approval of developer's project.
COMMUNITY DEVELOPMENT
BUILDING DIVISION
BD1. Informational: Prior to overall construction permit application, submit to the Santa Clara Building Division, 2 copies of an addressing diagram request, to be prepared by a licensed architect or engineer.
The addressing diagram(s) shall include all proposed streets and all building floor plans. The addressing diagram(s) shall conform to Santa Clara City Manager Directive #5; Street Name and Building Number Changes, and Santa Clara Building Division Address Policy For Residential and Commercial Developments. The addressing diagram(s) shall indicate all unit numbers to be based off established streets, not alleys nor access-ways to garages. Allow a minimum of 10 working days for initial staff review. Please note city staff policy that existing site addresses typically are retired. Provide digital pdf printed from design software, not scanned from printed paper sheet.
BD2. Informational: The construction permit application drawings submitted to the Santa Clara Building Division shall include a copy of the latest Federal Emergency Management Agency (FEMA) Flood Zone Map: https://msc.fema.gov/portal/home. The project drawings shall indicate how the project complies with the Santa Clara Flood Damage Prevention Code.
BD3. Informational: The construction permit application drawings submitted to the Santa Clara Building Division shall include Santa Clara Valley Urban Runoff Pollution Prevention Program Low Impact Development (LID) practices http://www.scvurppp-w2k.com/nd_wp.shtml. All projects that disturb more than one acre, or projects that are part of a larger development that in total disturbs more than one acre, shall comply with the Santa Clara Valley Urban Runoff Pollution Prevention Program Best Management Practices (BMP): http://www.scvurppp-w2k.com/construction_bmp.shtml, and shall provide a Storm Water Pollution Prevention Plan (SWPPP) by a certified Qualified SWPPP Developer (QSD). All site drainage and grading permit applications submitted to the Santa Clara Building Division shall include a city of Santa Clara "C3" data form, available on this web page:https://www.santaclaraca.gov/our-city/departments-g-z/public-works/environmental- programs/stormwater-pollution-prevention and will be routed to a contract consultant for review.
BD4. Informational: no California construction code review is being done at this time. The construction permit application drawings submitted to the Santa Clara Building Division shall include an overall California Building Code analysis, including; proposed use and occupancy of all spaces (19' CBC Ch. 3), all building heights and areas (19' CBC Ch. 5), all proposed types of construction (19' CBC Ch. 6), all proposed fire and smoke protection features, including all types of all fire rated penetrations proposed (19' CBC Ch. 7), all proposed interior finishes fire resistance (19' CBC Ch. 8), all fire protection systems proposed (19' CBC Ch. 9), and all means of egress proposed (19' CBC Ch. 10). -Noncombustible exterior wall, floor, and roof finishes are strongly encouraged. ________________________________________________________________________________ Conditions of Approval- 1530 and 1540 Pomeroy Avenue- Tentative Map PLN21-15320 Page 2 of 6 March 9, 2022
• During construction retaining a single company to install all fire rated penetrations is highly recommended.
• The grade level lobbies shall be min.1 hour rated all sides and above. • All stair shafts shall be min. 1 hour rated.
• All elevator shafts shall be min. 1 hour rated.
• All trash chute shafts shall be min. 1 hour rated.
• Recommendation: provide a minimum of two trash chutes; one for recyclables, one for trash, each trash chute to be routed down to a grade level trash collection room. • Any trash rooms shall be min. 1 hour rated all sides and above.
BD5. Informational: The overall project construction permit application shall include the geotechnical, architectural, structural, energy, electrical, mechanical, and plumbing drawings and calculations. Prior to the issuance of the overall project construction permit, a conditions of approval review meeting must be held in city hall, which meeting must be attended by the on-site field superintendent(s). The meeting will not be held without the attendance of the on-site field superintendent(s). The on-site grading permit shall be a separate permit application to the Building Division.
BD6. Informational: Temporary Certificates of Occupancy will not be routinely issued, and will be considered on a very limited basis only when there is a clear and compelling reason for city staff to consider a TCO. A TCO will be approved only after all applicable City staff have approved in writing; Planning, P.W./ Engineering, Fire Prev., Santa Clara Water, Silicon Valley Power, and any other applicable agencies such as the Santa Clara County Health Dept., with the Building Division being the final approval of all TCO.'s.
HOUSING & COMMUNITY SERVICES DIVISION
H1. In accordance with the Santa Clara City Code chapter 17.40, this project is subject to the following affordable housing requirements and impact fee:
The requirement for the for-sale residential development which applies to the proposed 8 units is as follows:
(a) Unless the City Council approves an alternate method of compliance pursuant to section (b) below, the Applicant shall provide one dwelling unit affordable to households at 100% AMI or pay an in-lieu fee. The in-lieu fee shall be equal to the difference between the unrestricted appraised market value ("Initial Market Value") and the Affordable Sales Price of the last unit at completion. The Initial Market Value of the last unit sold shall be the basis for calculating the in-lieu fee to be paid by Applicant. Any in-lieu fee payment due to the City by the Applicant shall be paid prior to receipt of the occupancy certificate of the last unit at completion.
The Affordable Unit shall have prices set in accordance with the City’s Below Market Purchase (BMP) Program Policies and Procedures Manual (subject to updates and changes). Prior to issuance of Building Permits, the Developer shall enter into an Affordable Housing Agreement with the City that will determine the Affordable Sales Price, identify the actual unit to be sold as the Affordable Unit, and apply all terms and covenants guaranteeing the prescribed affordability, to the satisfaction of the Director of Community Development. There is a fee for the AHA preparation in the amount of $3,708 which will be due prior to execution of the AHA.
(b) In the alternative, the City Council may, in its sole discretion, authorize the Applicant to utilize an alternate means of compliance pursuant to SCCC § 17.40.080(g) through the execution of a development agreement. In order to utilize such an alternative, such Development Agreement must be fully executed prior to issuance of Building Permits. If no Development Agreement has been executed at the time Building Permits are issued, then section (a) above shall apply.
PLANNING DIVISION
P1. The project shall comply with the Conditions of Architectural Review approvals (PLN2019-13924) and the mitigation measures identified in the Mitigated Negative Declaration and adopted Mitigation Monitoring and Reporting Program for the project.
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P2. Developer shall prepare and submit Covenant, Conditions and Restrictions (CC&R$s) to the City for review and approval. The approved CC&Rs are to be recorded prior to the issuance of building permits and a copy is provided to the Planning Department.
PUBLIC WORKS
ENGINEERING
E1. Obtain site clearance through Public Works Department prior to issuance of Building Permit. Site clearance will require payment of applicable development fees. Other requirements may be identified for compliance during the site clearance process. Contact Public Works Department at (408) 615-3000 for further information.
E2. All work within the public right-of-way and/or public easement, which is to be performed by the Developer/Owner, the general contractor, and all subcontractors shall be included within a Single Encroachment Permit issued by the City Public Works Department. Issuance of the Encroachment Permit and payment of all appropriate fees shall be completed prior to commencement of work, and all work under the permit shall be completed prior to issuance of occupancy permit.
E3. Submit public improvement plans prepared in accordance with City Public Works Department procedures which provide for the installation of public improvements. Plans shall be prepared by a Registered Civil Engineer and approved by the City Engineer prior to approval and recordation of parcel map and/or issuance of building permits.
E4. Existing non-standard or non-ADA compliant frontage improvements shall be replaced with current City standard frontage improvements as directed by the City Engineer or his designee.
E5. Dedicate, as required, on-site easements for new and existing utilities and sidewalk by Subdivision Map or approved instrument at time of development. Developer shall pay applicable easement preparation/processing fee.
E6. Dedicate a sidewalk easement for the sidewalk and driveway portions within private property and pay the easement preparation fee. Sidewalk easement shall be 1’ behind proposed back-of-walk if there is landscaping behind sidewalk and/or at the proposed back-of-walk with a cold joint if there is hardscape concrete behind sidewalk.
E7. After City Council approval of the Tentative Map, submit 10 copies of the Subdivision Map, prepared by a Licensed Land Surveyor or a Registered Civil Engineer with Land Surveyor privileges to the Engineering Department. The submittal shall include a title report, closure calculations, and all appropriate fees.
STREETS DIVISION
Landscape
L1. Include City of Santa Clara Tree Preservation/City Arborist specifications on all improvement plans.
L2. No cutting of any part of private trees, including roots, shall be done without securing prior approval of the City Arborist. Tree trimming/removal shall be done in accordance to the City of Santa Clara Tree Preservation/City Arborist specifications and with direct supervision of a certified arborist (Certification of International Society of Arboriculture).
L3. Identified existing mature trees to be maintained. Prepare a tree protection plans for review and approval by the City of Santa Clara prior to any demolition, grading or other earthwork in the vicinity of existing trees on the site.
Stormwater
ST1. Prior to City’s issuance of Building or Grading Permits, the applicant shall develop a Final Stormwater Management Plan, update the C.3 Data Form, and an Erosion and Sediment Control Plan.
ST2. The Final Stormwater Management Plan and all associated calculations shall be reviewed and certified by a qualified 3
rd party consultant from the SCVURPPP List of Qualified Consultants, and a 3rd party review letter shall be submitted with the Plan.
ST3. The applicant shall incorporate Best Management Practices (BMPs) into construction plans and incorporate post-construction water runoff measures into project plans in accordance with the City’s Urban Runoff Pollution Prevention Program standards prior to the issuance of Building or Grading Permits. Include the SCVURPPP Countywide Construction BMPs Plan Sheet with the plans. ________________________________________________________________________________ Conditions of Approval- 1530 and 1540 Pomeroy Avenue- Tentative Map PLN21-15320 Page 4 of 6 March 9, 2022
ST4. Include the C.3 Treatment Facilities Construction Notes on the Improvement Plans and/or Stormwater Control Plans.
ST5. During the construction phase, all stormwater control measures shall be inspected for conformance to approved plans by a qualified 3rd party consultant from the SCVURPPP List of Qualified Consultants, and a 3rd party concurrence letter on the C.3 facilities construction shall be submitted to the Public Works Department. As-Built drawing shall be submitted to the Public Works Department. Include C.3 Stormwater Treatment Facilities Construction general notes on the improvement plans.
ST6. Permeable Pavement shall be inspected by a third-party reviewer and/or manufacturer representative for conformance with the details and specifications. If necessary, percolation test shall be performed to ensure proper installation. The number, location and species of the interceptor trees shall be confirmed during the construction.
ST7. Stormwater treatment facilities must be designed, installed, and maintained to achieve the site design measures throughout their life in accordance to the SCVRUPPP C.3 Stormwater Handbook (Chapter 6 and Appendix C). They shall be installed using biotreatment soil media that meet the minimum specifications as set forth in this Handbook. If percolation rate test of the biotreatment soil mix is not performed on-site, a certification letter from the supplier verifying that the soil meets the specified mix.
ST8. The property owner shall enter into an Operation and Maintenance (O&M) Agreement with the City for all installed stormwater treatment measures in perpetuity. Applicants should contact Karin Hickey at (408) 615-3097 or [email protected]
for assistance completing the Agreement. For more
information and to download the most recent version of the O&M Agreement, visit the City’s stormwater resources website at http://santaclaraca.gov/stormwater. For porous pavement, inspection of these facilities is to be done annually.
ST9. Any site design measures used to reduce the size of stormwater treatment measures shall not be installed for the project without the written approval from the City, installing the corresponding resizing of other stormwater treatment measures and an amendment of the property’s O&M Agreement.
ST10. Developer shall install an appropriate stormwater pollution prevention message such as “No Dumping – Flows to Bay” on any storm drains located on private property.
ST11. Interior floor drains shall be plumbed to the sanitary sewer system and not connected to the City’s storm drain system.
ST12. Final C.3 inspection by Code Enforcement staff shall be completed after receipt of the 3rd party concurrence letter and installation of stormwater treatment facilities, planting materials and storm drain medallions.
WATER & SEWER
W1. Previous Approvals: Permittee shall abide by and continue to comply with all previous City approvals, permits, or requirements relating to the subject property, unless explicitly superseded or revised by the Director of Water and Sewer Utilities.
W2. Utility Design: The utility design plans shall reflect the following revisions to the utility design:
a. All potable water services including fire hydrant services shall connect to the existing 10” CIP on Pomeroy Avenue and not the existing 8” CIP main.
b. Locate all water meters and appurtenances in the landscaping strip adjacent to the curb or immediately adjacent to the back of the sidewalk per City Standard Details.
W3. Encroachment Permit: Prior to issuance of Building Permits, the applicant shall submit an encroachment permit application and design plans for construction of water utilities that comply with the latest edition of the Water & Sewer Utilities Water Service and Use Rules and Regulations, Water System Notes, and Water Standard Details and Specifications. In addition, prior to the City's issuance of Occupancy, the applicant shall construct all public water utilities per the approved plans. The Water & Sewer Utilities will inspect all public water utility installations and all other improvements encroaching public water utilities.
W4. Utility Design Plans: Utility Design Plans shall indicate the pipe material and the size of existing water, recycled water and sewer main(s). The plans shall show the nearest existing fire hydrant and the two nearest existing water main line gate valves near the project area. The plans shall show meter and backflow configurations to scale and per City of Santa Clara Water & Sewer Utilities Standard Details. ________________________________________________________________________________ Conditions of Approval- 1530 and 1540 Pomeroy Avenue- Tentative Map PLN21-15320 Page 5 of 6 March 9, 2022
Note that all new water meters and backflow prevention devices shall be located behind the sidewalk in a landscape area. Fire hydrants should be located two feet behind monolithic sidewalk if sidewalk is present; two feet behind face of curb if no sidewalk is present, per City Std Detail 18. The plans shall provide the profile section details for utilities crossing water, sewer, or recycled water mains to ensure a 12” minimum vertical clearance is maintained.
W5. Utility Separations: Applicant shall adhere to and provide a note indicating that all horizontal and vertical clearances comply with State and local regulations. The applicant shall maintain a minimum 12” of vertical clearance at water service crossing with other utilities, and all required minimum horizontal clearances from water services: 10' from sanitary sewer utilities, 10’ from recycled water utilities, 8' from storm drain utilities, 5' from fire and other water utilities, 3' from abandoned water services, 5' from gas and electric utilities, and 5’ from the edge of the propose or existing driveway. For sanitary sewer, water, and recycled water utilities, the applicant shall maintain a minimum horizontal clearance of 10' from existing and proposed trees. If applicant installs tree root barriers, clearance from tree reduces to 5' (clearance must be from the edge of tree root barrier to edge of water facilities). No structures (fencing, foundation, biofiltration swales, etc.) allowed over sanitary sewer, potable water and/or recycled water utilities and easements.
W6. Separate Services: Applicant shall submit plans showing proposed water, recycled water, sanitary sewer, and fire services connected to a public main in the public right-of-way to the satisfaction of the Director of Water & Sewer Utilities. Different types of water and recycled water use (domestic, irrigation, fire) shall be served by separate water services, each separately tapped at the water main. Tapping on existing fire service line(s) is prohibited. Approved backflow prevention device(s) are required on all potable water services.
W7. City Standard Meters and Backflows: All proposed meters and backflows for all water services shall meet the current City of Santa Clara Water & Sewer Utilities Standard Details. Plans shall show meter and backflow configurations to scale.
W8. Existing Services: The applicant must indicate the disposition of all existing water and sewer services and mains on the plans. If the existing services will not be used, then the applicant shall properly abandon these services to the main per Water & Sewer Utilities standards and install a new service to accommodate the water needs of the project. The applicant shall bear the cost of any relocation or abandonment of existing Water Department facilities required for project construction to the satisfaction of the Director of Water and Sewer Utilities.
W9. On-Site Storm Drain Treatment: Prior to issuance of Building Permit, the applicant shall submit plans showing any onsite storm water treatment system. The plan shall include a section detail of the treatment system. No water, sewer, or recycled water facilities shall be located within 5-feet of any storm water treatment system.
W10. Water Usage: Prior to the issuance of Building Permits, the applicant shall provide documentation of water usage so the Water Division can verify the appropriate size of all proposed water meters. Please note that if the existing water services are incapable of supplying the water needs to the site, the existing services shall be abandoned, and new separate dedicated water services shall be provided for each use (domestic and irrigation).
W11. Prior to issuance of Building Permits, the applicant shall submit plan details for all water features (including but not limited to fountains and ponds) designed to include provisions for operating the system without City potable water supply and capable of being physically disconnected from source of potable water supply during City declared water conservation periods, to the satisfaction of the Director of the Water & Sewer Utilities. Decorative water features may be permanently connected to the City’s recycled water supply.
W12. Easements: Prior to City’s issuance of Building or Grading Permits, the applicant shall provide a dedicated water utility easement around the backflow prevention device onsite. The water utility easement for the water services and all other public water appurtenances shall be a minimum 15 feet wide and be adjacent to the public right-of-way without overlapping any public utility easement.
Additionally, the applicant shall submit plans defining existing easements so Water Division can verify if there are any conflicts with proposed easements and water utilities. ________________________________________________________________________________ Conditions of Approval- 1530 and 1540 Pomeroy Avenue- Tentative Map PLN21-15320 Page 6 of 6 March 9, 2022
W13. Underground Fire Permit: Prior to issuance of Building Permits, applicant shall submit an underground fire permit unless otherwise waived by the Fire Department. If fire flow information is needed, applicant shall coordinate with Water and Sewer Utilities Department, for fire flow information at (408)615-2000.
A dedicated fire service line, with an approved backflow prevention device, shall be used for on-site fire hydrants. Fire service lines required for commercial and industrial use shall be sized appropriately per fire flow demand and code requirements.
W14. Record Drawings: Upon completion of construction and prior to the City’s issuance of a Certificate of Occupancy, the applicant shall provide "as-built" drawings of the public water utility infrastructure prepared by a registered civil engineer to the satisfaction of the Director of Water & Sewer Utilities Department.
W15. Water Shortage Response Actions: Pursuant to the City of Santa Clara’s Urban Water Management Plan, during times of drought or water shortage, the City implements water shortage response actions in accordance with the level of water shortage declared. All construction activities and all new irrigation connections are subject to the Water Shortage Response Actions in effect at the time of construction and connection of the irrigation service.
Water Shortage Response Actions for Stage 2 and higher include water use restrictions that limit the use of potable water such as:
a. prohibiting the installation of new potable water irrigation services. new irrigation connections, construction, and dust control.
b. restrict the use of potable water used for construction and dust control if recycled water is available.
This project is subject to all the requirements and restrictions of the Water Shortage Response Actions in place or adopted during the duration of the project. For more information, visit the City of Santa Clara Water & Sewer Utilities website at www.santaclaraca.gov/waterconservation .