CC Resolution 11422RESOLUTION NO. 1i4z2
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAMPBELL ADOPTING A MITIGATED NEGATIVE
DECLARATION FOR A PLANNED DEVELOPMENT PROJECT
PROPOSED FOR 125 S. SAN TOMAS AQUINO ROAD.
APPLICATION OF ARCADIA HOMES, INC. FILE NOS.: PLN2011-
255/256/257/258 & PLN2012-43/100.
After notification and public hearing, as specified by law, and after presentation by the
Community Development Director, proponents and opponents, the City Council did
determine that the adoption of a Mitigated Negative Declaration provides full and adequate
environmental review for Approval of a Planned Development Permit (PLN2011-255) with
a Parking Modification Permit (PLN2012-43); a Vesting Tentative Subdivision Map
(PLN2011-256); a Zoning Map Amendment (PLN2011-257); a General Plan Amendment
(PLN2011-258); and a Tree Removal Permit (PLN2012-100) to allow the construction of
25-unit small-lot single-family subdivision property located at 125 S. San Tomas Aquino
Road.
Environmental Finding
1. An Initial Study has been prepared for the Project located at 125 S. San Tomas Aquino
Drive, which provides documentation for the factual basis for concluding that a
Mitigated Negative Declaration may be adopted since no substantial evidence exists, in
light of the whole record, that the project may have a significant effect on the
environment. The project consists of the development of twenty-five new small lot
detached single family residences.
Evidentiary Findings
2. The proposed project includes requests for a General Plan Land Use Amendment from
Neighborhood Commercial to Low-Medium Density Residential (6-13 Units/Gr. Acre), a
Zoning Map Amendment from C-1 (Neighborhood Commercial) to P-D (Planned
Development), a Planned Development Permit, Tentative Subdivision Map, Parking
Modification Permit, and Tree Removal Permit, to allow a development of a 25-unit
small-lot single-family subdivision on property commonly known as 125 S. San Tomas
Aquino Road.
3. The Mitigated Negative Declaration describes the reasons that the Project will not have
a significant effect on the environment and therefore does not require the preparation of
an Environmental Impact Report, pursuant to the California Environmental Quality Act
Guidelines.
4. There are no responsible agencies or trustee agencies responsible for resources
affected by the Project.
City Council Resolution - PLN2011-255/2561257/258 & PLN2012-431100
Adopting a Mitigated Negative Declaration
Page 2
5. The City of Campbell provided a Notice of Intent to adopt a Mitigated Negative
Declaration to the public via the Campbell Express, the County Clerk, and on the City
website.
6. The City of Campbell provided a 20-day public review period of the draft Mitigated
Negative Declaration pursuant to the California Environmental Quality Act Guidelines.
The 20-day public review period was between May 2, 2012 and May 22, 2012.
7. The mitigation measures identified in the Mitigated Negative Declaration are included
as Conditions of Approval of the Planned Development Permit.
8. The Mitigated Negative Declaration reflects the independent judgment and analysis of
the City Council upon recommendation of the Planning Commission.
Based upon the foregoing findings of fact, the City Council further finds and concludes
that:
1. No substantial evidence has been presented from which a reasonable argument could
be made that shows that the project, as currently presented and subject to the required
Conditions of Approval, will have a significant adverse impact on the environment.
2. The Custodian of the Record for the Mitigated Negative Declaration and Initial Study is
the Community Development Department of the City of Campbell, located at 70 North
First Street, Campbell, California.
THEREFORE, BE IT RESOLVED that the City Council adopts a Mitigated Negative
Declaration (attached Exhibit "A") for a Planned Development project proposed for 125 S.
San Tomas Aquino Road.
PASSED AND ADOPTED this 19tH day of June , 2012, by the following roll call
vote:
AYES: COUNCILMEMBERS: cristina, saker, Waterman, Low, xotowski
NOES: COUNCILMEMBERS: None
None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS:
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ATTEST:
Anne Bybee, City Clerk
Michael F. Kotowski, Mayor
Exhibit A
of LAMA
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ADOPTED
MITIGATED NEGATIVE DECLARATION
Adopted by City Council June 19, 2012
The Community Development Director has reviewed the proposed project described below to
determine whether it could have a significant effect on the environment as a result of the project
completion. "Significant effect on the environment" means a substantial, or potentially
substantial, adverse change in any of the physical conditions within the area affected by the
project including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or
aesthetic significance.
Project Title: Kirkwood Auto Center Redevelopment Project
File Number(s):
PLN2011-250 (CEQA Review-Initial Study)
PLN201 I-255 (Planned Development Permit)
PLN2011-256 (Tentative Vesting Subdivision Map)
PLN2011-257 (Zoning Map Amendment)
PLN2011-258 (General Plan Amendment)
PLN2012-OS (Parking Modification Permit)
PLN2012-100 (Tree Removal Permit)
Project Location: 125 S. San Tomas Aquino Road
Name and Address of Project Proponent:
Arcadia Homes Inc.
Attn: Michael Fletcher
P.O. Box, 320098
Los Gatos, CA 95032
Lead Agency Name and Address:
City of Campbell
Community Development Department
70 N. First Street
Campbell, CA 95008
Contact Person(s):
Daniel Fama, Assistant Planner
(408)866-2193
danielf(a~cityofcampbell.com
Adopted Mitigated Negative Declaration _ 125 S. San Tomas Aquino Road Page 2
Zoning Designation:
Current: C-1 (Neighborhood Commercial)
Proposed: P-D (Planned Development)
General Plan Designation:
Current: Neighborhood Commercial
Proposed: Low to Medium Density Residential (6 to 13 units per gross acre)
Other public agencies whose approval is required: None
Surrounding Land Uses /General Plan /Zoning:
North: Shopping Center /Nrb. Com. / C-1 ~ West: Single-Family Res. /High. Den. Res. / P-D
South: Private School (San Jose) ~ East: Daycare/Church /Nrb. Comm. / C-1
Duplex Residential (San Jose)
Project Description: A twenty-five parcel small-lot single-family residential subdivision
including applications for a General Plan Amendment, Zoning Map Amendment, Vesting
Tentative Subdivision Map, Planned Development Permit, Parking Modification Permit, and
Tree Removal Permit,
Finding: The Community Development Director finds that the project described above will not
have a significant effect on the environment in that the attached Initial Study identifies one or
more potentially significant effects on the environment for which the project proponent, before
public release of this draft Mitigated Negative Declazation, has made or agrees to make project
revisions that clearly mitigate the effects to a less than significant level.
Mitigation Measures Included in the Project to Reduce Potentially Significant
Environmental Effects to a Less Than Significant Level:
1. Aesthetics: None Required
2. Agricultural Resources: None Required
3. Air Quality: None Required
4. Biological Resources: None Required
5. Cultural Resources:
a. If azchaeological or paleontological resources are encountered during excavation or
construction, construction personnel shall be instructed to immediately suspend all
activity in the immediate vicinity of the suspected resources and the City and a licensed
archeologist or paleontologist shall be contacted to evaluate the situation. A licensed
archeologist or paleontologist shall be retained to inspect the discovery and make any
necessary recommendations to evaluate the find under current CEQA guidelines prior to
the submittal of a resource mitigation plan and monitoring program to the City for review
and approval prior to the continuation of any on-site construction activity.
Adopted Mitigated Negative Declaration _ 125 S. San Tomas Aquino Road Page 3
6. Geology and Soils:
a. The applicant shall comply with the recommendations in the Geotechnical Investigation,
dated May 14, 2010 by Cornerstone Earth Group. Such recommendations shall be
incorporated into the project's final engineering design to minimize the damage from
seismic shaking, unsuitable fill, and other geological deficiencies. The project shall use
standazd engineering techniques and conform to the requirements of the International
Building Code to reduce the potential for seismic damage and risk to future occupants.
7. Greenhouse Gas Emissions: None Required
8. Hazards and Hazardous Materials:
a. Prior to issuance of a demolition or building permit, the applicant shall provide a Soil
Management Plan (SMP), prepazed by a qualified professional, that shall provide
protocols and procedures to be employed if contaminated materials are encountered
during site development activities.
b. Demolition plans shall include removal of well MW-1 in compliance with applicable
requirements of the Santa Clara Valley Water District.
9. Hydrology and Water Quality:
a. The Covenants, Conditions & Restrictions shall require the Home Owners Association
(HOA) to monitor and regulatory maintain the storm water treatment system in
accordance with the manufacturer's recommendations.
b. The Covenants, Conditions & Restrictions shall prohibit the vehicle washing, repairing,
and maintaining activities on the project site, including, but not limited to gazages and
common parking areas.
c. The Covenants, Conditions & Restrictions shall require that all landscaping, including
but not limited infiltration plantings, be maintained as depicted on the final landscaping
plan.
10. Land Use and Planning: None Required
11. Mineral Resources: None Required
12. Noise:
a. All windows and door for residential units fronting San Tomas Aquino Road shall
include sound insulation ratings of no less than STC 32. Windows and doors for all other
units shall incorporate STC rating of no less than 26.
b. Construction Related Activities shall conform to the following restrictions:
• Construction activities shall be limited to weekdays between 8:00 a.m. and 5:00 p.m.
and Saturdays between 9:00 a.m. and 4:00 p.m. No construction shall take place on
Sundays or holidays unless an exception is granted by the Building Official.
• Truck routes to and from the construction site shall be established to avoid access to
the project site via residential streets where possible.
• All construction equipment with internal combustion engines used on the project site
shall be properly muffled and maintained in good working condition.
Adopted Mitigated Negative Declaration _ 125 S. San Tomas Aquino Road Page 4
• Unnecessary idling of internal combustion engines shall be strictly prohibited.
• All stationary noise-generating construction equipment, such as air compressors and
portable power generators, shall be located as far as possible from noise-sensitive
receptors such as existing residences and businesses.
• Prior to the issuance of building permits, the project site shall be posted with the name
and contact number of the lead contractor in a location visible from the public street
so that the contractor can be made aware of noise complaints.
• Construction equipment, vehicles, and workers associated with the development of
the project shall not be permitted to park on any residential streets.
13. Population and Housing: None Required
14. Public Services: None Required
15. Recreation: None Required
16. Transportation and Traffic: None Required
17. Utilities and Service Systems: None Required
18. Mandatory Findings of Significance: None Required
PUBLIC REVIEW PERIOD
Any person may file a written protest of the draft Mitigated Negative Declaration before 5:00
p.m. on May 22, 2012. Such protest must be filed at the Community Development Department,
City Hall, 70 North First Street, Campbell, California. The written protest should make a "fair
argument" that the project will have one or more significant effects on the environment based on
substantial evidence.
Daniel Fama
PROJECT PLANNER
Assistant Planner
TITLE
City of Campbell
CY
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May 1, 2012
SIGNATURE DATE