CONDITIONS OF PD REZONE APPROVAL
In addition to complying with all applicable codes, regulations, ordinances and resolutions, the following conditions of approval are recommended:
GENERAL
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.
Comply with all applicable codes, regulations, ordinances and resolutions.
ATTORNEY’S OFFICE
A1. 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
Plans shall be revised so that the interior length of the tandem garage be provided at a minimum of 40 feet, which is the Zoning Code design standard for a two-car tandem garage.
It shall be the developer's responsibility through his engineer to provide written certification that the drainage design for the subject property will prevent flood water intrusion in the event of a storm of 100-year return period. The developer's engineer shall verify that the site will be protected from off-site water intrusion by designing the on-site grading and storm water collection system using the 100-year hydraulic grade line elevation provided by the City's Engineering Department or the Federal Flood Insurance Rate Map, whichever is more restrictive. Said certification shall be submitted to the City Building Inspection Division prior to issuance of building permits.
The project site is located in Seismic Hazard Zone as identified by the State Geologist for potential hazards associated with liquefaction, pursuant to the Seismic Hazard Mapping Act (Div.2 Ch7.8 PRC), and the developer shall prepare and submit a geotechnical hazards investigation report acceptable to the City of Santa Clara Building Official prior to issuance of permits.
Submit plans for final staff-level architectural review to the Planning Division. The plans shall demonstrate the proposed changes to the house at 1479 Bellomy Street will comply with the preservation treatment plan for this structure, prior to issuance of building permits. Said plans to include, but not be limited to: final stormwater pollution prevention details (including disconnecting downspouts), site plans, floor plans, elevations, and landscape plans.
In the event historic/prehistoric artifacts or human remains are discovered during ground disturbing activities, the following measures will be implemented: In compliance with State law (Section 7050.5 of the Health and Safety Code and Section 5097.94 of the Public Resources Code), in the event human remains are encountered during grading and construction, all work within 25 feet of the find will stop and the Santa Clara County Coroner’s office will be notified. If the remains are determined to be Native American, the Coroner will notify the Native American Heritage Commission to identify the “Most Likely Descendant” (MLD). The City, in consultation with the MLD, would then prepare a plan for treatment, study and reinternment of the remains.
In compliance with State law (Section 7050.5 of the Health and Safety Code and Section 5097.94 of the Public Resources Code), in the event that historical artifacts are found, all work within 50 feet of the find will stop and a qualified archaeologist will examine the find. All significant artifacts and samples recovered during construction would be cataloged and curated by a qualified archaeologist and placed in an appropriate curation facility. The archaeologist must then submit a plan for evaluation of the resource to the City of Santa Clara Planning Division for approval. If the evaluation of the resource concludes that the found resource is eligible for the California Register of Historic Resources, a mitigation plan must be submitted to the City of Santa Clara Planning Division for approval. The mitigation plan must be completed before earthmoving or construction activities can recommence within the designated resource area.
The following measures are included in the project to reduce the potential for nuisances related to construction:
Construction activities shall be limited to the hours between 7:00 AM and 6:00 PM, Monday through Friday, and between the hours of 9:00 AM to 6:00 PM on Saturday. No construction activities shall occur on Sundays or holidays.
Equip all internal combustion engine-driven equipment with intake and exhaust mufflers that are in good condition and appropriate for the equipment.
Locate stationary noise generating equipment as far as possible form adjacent residential properties.
Acoustically shield stationary equipment located near existing residential properties.
Utilize “quiet” air compressors and other stationary noise sources where technology exists.
The contractor shall prepare a construction plan identifying the schedule for major noise-generating construction activities. The construction plan shall identify a procedure for coordinating with adjacent residential land uses so that construction activities can be scheduled to minimize noise disturbance.
Provide automatic garage door openers for each garage.
The parking space in each garage shall be maintained open and accessible for use as parking stalls.
The interior and exterior of property shall be maintained free of all life safety hazards and violations at all times.
The exterior of the structure shall be maintained in good condition, to the satisfaction of the Director of Community Development, including but not limited to the following:
Chipped or peeling paint shall be repainted.
Broken windows shall be repaired.
Landscaping shall be maintained in live condition. Dead plants are to be removed. Plants shall be well kept, with grass, shrubs, hedges and other landscaping to be cut or trimmed to the satisfaction of the Community Development Director.
All areas visible from off-site shall be maintained in a clean and tidy manner.
No exterior storage may be kept in areas visible from the public right of way.
No chain link fencing is allowed, unless it is screened from view from off site by wood, masonry, or other fencing, to the satisfaction of the Director of Community Development.
A future addition to the house at 1485 Bellomy Street may be permitted, subject to Architectural Review Approval by the Director of Community Development or by the Development Review Hearing, and, provided the addition complies with the development standards of the R1-6L Zoning District.
No portion of the homes shall be sectioned off such that a resident does not have full access to all common areas of the residence.
Any changes to the number of exterior entrances to the residential structures shall require Planning approval.
BUILDING DIVISION
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: HYPERLINK "https://msc.fema.gov/portal/home" https://msc.fema.gov/portal/home. The project drawings shall indicate how the project complies with the Santa Clara Flood Damage Prevention Code.
FEMA Flood Zone map designations and requirements are based on the map in effect at date of Building Permit issuance.
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 HYPERLINK "http://www.scvurppp-w2k.com/nd_wp.shtml" 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): HYPERLINK "http://www.scvurppp-w2k.com/construction_bmp.shtml" 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: HYPERLINK "https://www.santaclaraca.gov/our-city/departments-g-z/public-works/environmental-programs/stormwater-pollution-prevention" 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.
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.
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.
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.
See Title 15 of the Santa Clara City Code for any amendments to the California Building Codes.
This project is subject to the provisions of the City of Santa Clara 2022 Reach Code, effective January 2022 See Ordinance No. 2034 and/or Title 15 of the Santa Clara City Code.
Chp. 15.36 – Energy Code for “all electric” provisions for new construction.
Chp. 15.38 – Green Building Code for additional Electric Vehicle Charging requirements for new construction.
ENGINEERING
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.
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 submitted within a Single Encroachment Permit to be reviewed and 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.
Submit public improvement/encroachment permit plans prepared in accordance with City Public Works Department procedures which provide for the installation of public improvements directly to the Public Works Department. Plans shall be prepared by a Registered Civil Engineer and approved by the City Engineer prior to approval and recordation of final map and/or issuance of building permits.
Bellomy Street was slurry sealed during the 2020 pavement program. Per the City pavement moratorium (Ordinance No. 1998), no pavement cuts are permitted until after 12/31/2023. Refer to https://www.santaclaraca.gov/our-city/departments-g-z/public-works/maintenance-operations/street-maintenance/pavement-preservation-ordinance for more information.
Traffic improvements must comply with the City of Santa Clara Standard Specifications for Public Works Construction Landscape improvements within 10 feet of a driveway must be less than 3 feet or greater than 10 feet per City Standard Detail TR-9.
All on-site structures must be clear of Driveway Clearance Areas per City Standard Detail TR-9.
If a new driveway is installed, design and construction of the driveway shall be in accordance with City Standard Detail ST-5.
STREET DIVISION
Landscape
Applicant must apply for a City Street Tree by calling Department of Public Works – Street Department at 408-615-3080. Applicant may choose from Approved Street Tree List, final determination provided by City staff based on site restrictions.
No cutting of any part of public or 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).
Solid Waste
This property falls within the City’s exclusive franchise hauling area. The applicant is required to use the City’s exclusive franchise hauler and rate structure for any hired debris boxes. Prior to the issuance of a Public Works clearance, the project applicant shall complete and sign the HYPERLINK "https://www.santaclaraca.gov/home/showpublisheddocument/73809/637558286679830000" Construction and Demolition (C&D) / Waste Management Rules and Regulations Form.
Stormwater
The applicant shall incorporate Best Management Practices (BMPs) into construction plans and incorporate post-construction water runoff measures into project plans. Include the SCVURPPP Countywide Construction BMPs Plan Sheet with the plans.
All outdoor equipment and materials storage areas shall be covered and/or bermed, or otherwise designed to limit the potential for stormwater runoff. No storage of construction material, or landscape material in street.
The use of architectural copper is discouraged. If such material is used, all wastewater generated by the installation, cleaning, treating, or washing of the surface of copper architectural features, including copper roofs, shall not be discharged to the City’s storm drain system.
WATER
Water Service: If the project is required to install an onsite fire suppression system (e.g. sprinkler system) for the existing residence, the applicant shall replace the existing service and meter with a 1” service and meter.
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.
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. 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.
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.
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.
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.
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.
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.
POLICE
Address numbers shall be clearly visible from the street and shall be a minimum of six (4) inches in height and a color contrasting with the background material. Numbers shall be illuminated during hours of darkness. Where multiple units/buildings occupy the same property, all unit/building addresses shall be clearly visible. If that is not possible, a sign listing all addresses shall be posted at the main entrance or front of the property.
FIRE
Fire sprinklers are required to be installed within the new and existing portions of the residence.
PARKS & RECREATION
Project subject to Dwelling Unit Tax (DUT) of $15.00
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