CC Resolution 11735.w i
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RESOLUTION NO. ii~ss ;
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAMPBELL ADOPTING A MITIGATED NEGATIVE
DECLARATION (PLN2013-340) FOR A PLANNED
DEVELOPMENT PERMIT (PLN2013-337), TENTATIVE VESTING
SUBDIVISION MAP (PLN2013-339), AND TREE REMOVAL
PERMIT (PLN2014-191), TO ALLOW THE CONSTRUCTION OF A
RESIDENTIAL DEVELOPMENT CONSISTING OF 81
TOWNHOME UNITS AND 19 APARTMENT UNITS ON
PROPERTIES LOCATED AT 230, 280, 282, AND 290 (PORTION)
DILLON AVENUE; 466, 472, 482, AND 488 SAM CAVA LANE;
AND 186 GILMAN~AVENUE.
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 (PLN2013-337),
Tentative Vesting Subdivision Map (PLN2013-339), and Tree Removal Permit (PLN2014-
191) to allow the construction of a residential development consisting of 81 townhome
units and 19 apartment units.
The City Council finds as follows with regard to the Mitigated Negative Declaration:
1. The proposed project ("project") is a planned residential development consisting of 81
townhome units (fee title ownership), 19 apartment (rental) units, and associated on-
and off-site improvements, as well as removal of existing on-site trees. The project
includes applications for a Planned Development Permit, Vesting Tentative Subdivision
Map, and a Tree Removal Permit.
2. The project site is a 4 '/z acre assemblage of ten properties, including three associated
with the former Biddle Roofing company, two encompassing the' Haig Precision
.machining company, four single-family rental properties, one property developed with a
multi-tenant industrial building, as well as a small (less than a quarter acre) portion of
the City's corporation yard.
3. The project site is generally located near the southeast intersection of Sam Cava Lane
and Dillon Avenue, abutting the Campbell Public Works Maintenance Corporation Yard
to the south and the Los Gatos Creek Trail to the west.
4. To expedite CEQA (California Environmental Quality Act) review, the State of California
adopted SB 226 (2011), allowing a "streamlined" review for qualifying infill projects, as
codified in Public Resources Code Section 21094.5. An infill project may qualify for
streamlined review where aproject-level Environmental Impact Report (EIR) has been
certified (such as for the General Plan or a specific plan) and the project satisfies
applicable "performance measures" (such as proximity to a light-rail station).
5. A qualified infill project may be reviewed under CEQA by preparation of an Infill
Environmental Checklist Form (CEQA Guidelines Sec. 15183.3), which incorporates a
City Council Resolution
Adoption of a Mitigated Negative Declaration
File No.: PLN2013-340
Page 2
multidisciplinary environmental review that evaluates various potential envirohmental
impacts, including traffic, air and water pollution, greenhouse gas emissions, noise, and
various community impacts. An Environmental Checklist Form may rely on the
environmental analysis of the project-level. Environmental Impact Report (EIR), ,
including previously adopted mitigation measures, and reference "uniform development
policies," such as noise or lighting standards that would substantially mitigate potential
impacts.
6. Based on the findings of the Infill Environmental Checklist Form, the lead agency may
file a Notice of Exemption, a Negative Declaration, Mitigated Negative Declaration, or
an Infill Environmental Impact Report (EIR).
7. The project qualifies as a residential infill project pursuant to CEQA Guidelines Sec.
15183.3 in that it is located in an urban area on a site that either has been previously
developed or that adjoins existing qualified urban uses on at least seventy-five percent
of the site's perimeter.-
8. An Infill Environmental Checklist Form has been prepared .for the project, which.
resulted in the preparation of a draft Mitigated Negative Declaration.
9. There are no responsible agencies or trustee agencies responsible for resources
affected by the project.
10. 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.
11. The City of Campbell provided a 20-day public review period of the Mitigated Negative
Declaration pursuant to the California Environmental Quality Act Guidelines. The 20-
day public review period was between September 3, 2014 to September 23, 2014.
12. The mitigation measures identified in the Mitigated Negative Declaration are included
as Conditions of Approval of the Planned Development Permit and/or Vesting Tentative
Subdivision Map.
Based upon the foregoing findings of fact, the City Council further finds and concludes
that:
1. On the basis of the Infill Environmental Checklist, and as supported by substantial
evidence, the project will not have a significant effect on the environment due to
mitigation measures adopted in a previous Environmental Impact Report (EIR),
application of uniformly applicable development policies, and incorporation of project-
specific mitigation measures agreed to by the project proponent, as specified by the
draft Mitigated Negative Declaration.
City Council Resolution
Adoption of a Mitigated Negative Declaration
File No.: PLN2013-340
Page 3
2. 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.
3. The Mitigated Negative Declaration reflects the independent judgment and analysis of
the City Council upon recommendation of the Planning Commission.
4. The Custodian of the Record for• the Mitigated Negative Declaration and Infill
Environmental Checklist Form 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 (PLN2013-340) (attached Exhibit A) fora Planned Development Permit
(PLN2013-337), Tentative Vesting Subdivision Map (PLN2013-339), and Tree Removal
Permit (PLN2014-191) to allow the construction of a residential development consisting of
81 townhome units and 19 apartment units.
PASSED AND ADOPTED this Zest day of October , 2014, by the following roll call
vote:
AYES: Councilmembers: 'Low, Kotowski, CrisEina,, Waterman
NOES:., Councilmembers: raker
ABSENT: Councilmembers: Noae /
ABSTAIN: Councilmembers: None
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APPROVED:
\~ Ric d M. terman, Mayor
.ATTEST:
nne Bybee, City Clerk
oe • cq,y~ Exhibit A
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CITY or CAMPBELL
Community Des~elopment Department
MITIGATED NEGATIVE DECLARATION
The Community Development Department has prepared an Infill Environmental Checklist in
compliance with State CEQA Guideline Sec. 15183.3 for .the purposes of determining whether the
proposed inlill project described below may have a significant effect on the environment not addressed
in a previous Environmental Impact Report (EIR), not substantially mitigated by uniformly applicable
development policies, or mitigated through project-specific measures. "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: Dillon Avenue Townhomes and Apartments ~
File Number(s): PLN2013-340 (CEQA Review), PLN2013-337 (Planned Development Permit),
PLN2013-339 (Vesting Subdivision Map), PLN2013-360 (Parking Modification
Permit), and PLN2014-191 (Tree Removal Permit)
Project Address: 230, 280, 282, and 290 (portion) Dillon Avenue; 466,472,482, and 488 Sam
Cava Lane: and 186 Gilman Avenue
Project Sponsor: Santa Clara Development / Robson Homes
2185 The Alameda
Santa Jose, CA 95126
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Zoning District: P-D (Planned Development)
General Plan: Commercial/Med.-High Density Residential (1=1-27 units/gr. acre) and High
Density Residential (21-27 units/gr. acre)
Lead Agency: City of Campbell, Community Development Department
70 N. First Street, Campbell, CA 95008
Contact Person: Daniel Fama, Associate Planner
(408) 866-2193 ~ danielfncityofcampbell.com
Date Posted: August 29, 2014
' Surrounding Land Uses /General Plan /Zoning:
North: Townhome Residential /Commercial/Med.-High Residential / P-D (Planned Development)
South: Maintenance Yard /High-Density Residential / P-D (Planned Development)
East: Los Gatos Creek Trail /Open Space / P-F/OS (Public Facilities/Open Space)
West: Industrial /Commercial/Med.-High Residential / P-D (Planned Development)
70 North First Strect • Campbell, CA 95008-1423 • Tee (408) 866-2140 • rnx (408) 866-5140 • E-mnn. planning o.cityofcampbell.com
Mitigated Negative Declaration _ Dillon Avenue Townhomes and Apartments Page 2
Prior Environmental Document(s): On November 6, 2001, the City of Campbell adopted the
Campbell General Plan and certified the Final Environmental Impact Report (E]R) (State ,Clearing
House # 2001042063) for the project. The adopting City Council Resolution (CC Resolution No. 9940)
for the EIR, summarized the potentially significant environmental impacts that would be mitigated to a
level less than significant with the identified mitigation measures as well as those environmental
impacts determined to be significant and unavoidable. '
Location of Prior Environmental Document(s): City of Campbell City Hall, Community
Development Department, 70 N. First Street, Campbell, CA 95008.
Project Description: The ~ proposed project is an infill residential development consisting of 8l
townhome units (fee title ownership) and 19 apartment (rental) units.
Finding: On the basis of the Infill Environmental Checklist, Community Development Department
staff has determined that, based upon substantial evidence, the project will not have a significant effect
on the environment due to mitigation measures adopted in a previous Environmental Impact Report
(EIR), application of uniformly applicable development policies, and incorporation of the following
project-specific mitigation measures agreed to by the project proponent.
Mitigation Measures Included in the Project to Reduce Potentially Significant Environmental
Effects to a Less Than Significant Level:
Mitigation Measure AIR-1: The project applicant shall ensure that construction plans include the
BAAQMD Best Management Practices for fugitive dust control. The following will be required for all
construction activities within the project area. These measures will reduce fugitive dust emissions
primarily during soil movement, grading and demolition activities, but also during vehicle and
equipment movement on unpaved project sites:
a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved
access roads) shall be watered two times per day.
b. All haul trucks transporting soil, sand, or other loose material off-site shall be covered.
c. All visible mud or dirt track-out onto adjacent pilblic roads shall be removed using wet power
vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.
d. All vehicle speeds on unpaved roads shall be limited to 15 mph.
e. All streets, driveways, and sidewalks to be paved shall be completed as soon as possible.
Building pads shall be laid as soon as possible after grading unless seeding or soil binders are
used.
f. Idling times shall be minimized either by shutting equipment off when not in use or reducing
the maximum idling time to 5 minutes (as required by the California airborne tox.ics control
measure Title 13, Section 2485 of CCR). Clear signage shall be provided for construction
workers at all access points.
g. All construction equipment shall be maintained and properly tuned in accordance with
manufacturer's specifications. All equipment shall be checked by a certified mechanic and
determined to be running in proper condition prior to operation. ,
h. A publicly visible sign shall be posted with the telephone number and person to contact at the
Lead Agency regarding dust complaints. This person shall respond and take corrective action
within 48 hours. BAAQMD's phone number shall also be visible to ensure compliance with
applicable regulations.
Mitigated Negative Declaration _ Dillon Avenue Townhomes and Apartments Page 3
Mitigation Measure AIR-2: The project applicant shall ensure that construction contract specifications
include a requirement that all off-road diesel-powered construction equipment used for project
improvements be equipped with a Level3 Verified Diesel Emissions Control (VDEC).
Mitigation Measure B/0-1: Project-related activities that occur during the breeding season could be
constrained in the vicinity of any active nests. If tree removal or ground disturbance activities are
scheduled to commence during the breeding season (February 1st through August 3_lst), pre-
construction nesting bird surveys should be conducted by a qualified biologist to identify possible
nesting activity within 15 days prior to such activities. A construction-free buffer of suitable
dimensions must be established around any active raptor and migratory bird nest (up to 250 feet,
depending on the location and species) for the duration of the project, or until it has been determined
that the chicks have fledged and are foraging independently from their parents.
Mitigation Measure BIO-1: The following mitigation measures will be implemented to ensure that no
bats are harmed or killed as a result of the project.
a. Within 30 days prior to the demolition of the four homes along Sam Cava Lane, and their
associated outbuildings, apre-construction survey will be conducted to confirm that the
existing conditions of the homes have not changed. [f existing conditions have not changed, no '
further surveys will be required.
b. If existing conditions have changed and the biologist observes that one or more structures have
openings that could provide entry for bats, then a more detailed bat survey will be conducted by
a qualified biologist within all- structures that provide potential openings for bats to enter. If no
bats are found, then no further mitigations will be required. If roosting bats are found to be
present, the following additional measures will be required:
c. If anon-breeding bat colony is found within any of the structures, the individuals will be
humanely evicted via the partial dismantlement of the buildings prior to demolition under the
direction of a qualified bat specialist to ensure that no harm or "take" would occur to any bats
as a result of demolition activities.
d. If a maternity colony is detected in the structures, then aconstruction-free buffer should be
established around the structure as determined by the biologist and remain in place until it has
been determined that the nursery is no longer active. Demolition should preferably be done
between March 1st and April 15th or August 15th and October 15th to avoid interfering with an
active nursery.
Mitigated Negative Declaration =Dillon Avenue Townhomes and Apartments - - Page 4
PUBLIC REVIEW PERIOD
Any person may file a written protest of the draft Mitigated Negative Declaration before 5:00 p.m. on
September 23, 2014. 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 signiftcant effects on the environment based on substantial
evidence. However. please note that certain determinations made pursuant to CEQA Guidelines Sec.
15183.3 are questions of fact to be resolved by the lead agency.
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Signature
Daniel Fama, Associate Planner
Printed Name
August 29, 2014
Date
City of Campbell
Agency
Encl: Infill Environmental Checklist Form
- Mitigation Monitoring and Reporting Program