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CC Resolution 11735.w i ,~. ., r _' µ~ 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 ~ ~~ APPROVED: \~ Ric d M. terman, Mayor .ATTEST: nne Bybee, City Clerk oe • cq,y~ Exhibit A -L b ~ `'~' ~ ~• U _ o ~: ~. ~N I:H API. 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 I 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. -/rz''~~~ ~--', 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