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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: /J ~,~/ ~~ ATTEST: Anne Bybee, City Clerk Michael F. Kotowski, Mayor Exhibit A of LAMA F F r U r i F ~.. ~FCH ARC 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 ~~ °`--~ May 1, 2012 SIGNATURE DATE