PC Res 4230RESOLUTION NO. 4230
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL RECOMMENDING THE ADOPTION OF
A MITIGATED NEGATIVE DECLARATION (PLN2014-325) FOR A
PLANNED DEVELOPMENT PERMIT (PLN2014-323), TENTATIVE
VESTING SUBDIVISION MAP (PLN2014-324), TREE REMOVAL
PERMIT (PLN2014-329), SIGN EXCEPTION (PLN2015-053) AND
VARIANCE (PLN2015-167) TO ALLOW THE CONSTRUCTION OF
32 IN-FEE TOWNHOMES, SIX IN-FEE DUETS, AND 119
APARTMENT UNITS ON PROPERTIES LOCATED AT 208 8~ 226-
328 RAILWAY AVENUE & A PORTION OF 290 DILLON AVENUE.
After notification and public hearing, as specified by law, and after presentation by the
Community Development Director, proponents and opponents, the Planning Commission
did determine that the adoption of a Mitigated Negative Declaration provides full and
adequate environmental review for approval of a Planned Development Permit (PLN2014-
323), Tentative Vesting Subdivision Map (PLN2014-324), Tree Removal Permit (PLN2014-
329), Sign Exception (PLN2015-053) and Variance (PLN2015-167) to construct 32 in-fee
townhomes, six in-fee duets, and 119 apartment units on properties located at 208 & 226-
328 Railway Avenue 8~ a portion of 290 Dillon Avenue.
The Planning Commission finds as follows with regard to recommended adoption of a
Mitigated Negative Declaration (PLN2014-325):
1. The proposed project ("project") is a planned residential development consisting of
157-units, comprised of 119 apartment units (rental) and 32 townhouse (for sale) and
six duet (for sale) 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 for the approval of site configuration and architectural design, Vesting
Tentative Subdivision Map to create individual townhome, duplex and commonly
owned lots, Tree Removal Permit to allow for the removal of protected trees, Sign
Exception to allow for a large decorative sign element, and Variance to allow the
placement of a new service pole in association with the project's undergrounding of
overhead utilities.
2. The project site is an assemblage of thirteen parcels located on both sides of Railway
Avenue and also includes a small portion of the City Corporation Yard, located at the
end of Dillon Avenue, which all together totals 3.90 net acres (4.66 gross).
3. The project site is generally bordered by the Avalon Apartment Community to the
south, the remaining City Corporation Yard to the east, the VTA light rail line to the
west, and the Calvary Temple of Campbell (church) to the north.
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).
Planning Commission Resolution No. 4230
Findings Recommending Adoption of a Mitigated Negative Declaration (PLN2014-325)
Page 2 of 3
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
multidisciplinary environmental review that evaluates various potential environmental
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. A draft Mitigation Monitoring and Reporting Program has been provided demonstrating
the responsible party and phase of the project that each Mitigation Measure shall be
carried out.
10. There are no responsible agencies or trustee agencies responsible for resources
affected by the project.
11. 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.
12. 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 from July 22, 2015 to August 11, 2015.
13. 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 Planning Commission 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.
Planning Commission Resolution No. 4230
Findings Recommending Adoption of a Mitigated Negative Declaration (PLN2014-325)
Page 3 of 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 Planning Commission recommends the
adoption of a Mitigated Negative Declaration (PLN2014-325) (attached Exhibit "A") for a
Planned Development Permit (PLN2014-323), Tentative Vesting Subdivision Map
(PLN2014-324), Tree Removal Permit (PLN2014-329), Sign Exception (PLN20115-053),
and Variance (PLN2015-167) to allow the construction of 32 in-fee townhomes, six in-fee
duets, and 119 apartment units on properties located at 208 & 226-328 Railway Avenue
8~ a portion of 290 Dillon Avenue.
PASSED AND ADOPTED this 11th day of August, 2015, by the following roll call vote:
AYES: Commissioners
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
Reynolds, Kendall, Bonhagen, Dodd, and Rich
None
Finch and Young
None
APPROVED:
~~
Cygrttfia Dodd, Acting Chair
ATTEST:
Paul Kerr oyan, Secretary
~~~. cAtir~ Exhibit A
~.
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CITY of CAMPBELL
Community Development 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 infill 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: Residences at Railway
File Number(s): Planned Development Permit (PLN2014-323) Vesting Tentative Subdivision Map
(PLN2014-324) CEQA Review (PLN2014-325) ~ Tree Removal Permit
(PLN2014-329) Sign Exception (PLN2015-053) ~ Variance (PLN2015-167)
Project Address: 208 & 226-328 Railway Avenue, & a portion of 290 Dillon Avenue (City
Corporation Yard)
Project Sponsor: St. Anton Communities / Ardie Zahedani
1801 1 Street, Suite 200
Sacramento, CA 95811
(916) 444-9897
Zoning District: P-D (Planned Development)
General Plan Commercial/Med.-High Density Residential (14-27 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: Stephen Rose, Associate Planner
(408) 866-2142 stephenr~a~cityofcampbelLcom
Date Posted: July 22, 2015
Surrounding Land Uses /General Plan /Zoning:
North: Church & Historic Building /Commercial/Med.-High Residential / P-D (Planned Development)
South: Avalon Apartments /High-Density Residential / P-D (Planned Development)
70 North First Street • Campbell, CA 95008-1423 • ret, (408) 866-2140 • rnx (408) 866-5140 • E-nnni~ planning@cityofcampbell.com
Mitigated Negative Declaration ~ Residences at Railway Page 2
East: Maintenance Yard /High-Density Residential / P-D (Planned Development)
West: VTA Light Rail
Prior Environmental Document(s): On November 6, 2001, the City of Campbell adopted the
Campbell General Plan and certified the Final Environmental Impact Report (EIR) (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 157-units,
comprised of 119 apartment units (rental) and 32 townhouse (for sale) and six duet (for sale) units. The
project is intended to be a walkable, transit oriented, infill development, benefiting from its proximity
to the Vasona Light Rail Corridor, Los Gatos Creek Trail, Downtown Campbell businesses, and major
regional freeways.
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
(E[R), 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 public 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
Mitigated Negative Declaration ~ Residences at Railway
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.
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 Leve13 Verified Diesel Emissions Control
(VDEC).
Mitigation Measure AIR-3: The project applicant shall ensure that architectural coatings (e.g.
paints and solvents) with a VOC content of 100 grams per liter or less shall be used for interior
and 150 grams per liter or less for exterior surfaces shall be required.
Mitigation Measure AIR-4: Hearths. Fireplaces, if proposed for installation in project
residential units, shall use natural gas only.
Mitigation Measure AIR-~: Implement Enhanced Exhaust Emissions Reduction Measures. The
construction contractor shall implement the following measures during construction to further
reduce construction-related exhaust emissions:
a. All off-road equipment greater than 25 horsepower (hp) and operating for more than 20
total hours over the entire duration of construction activities shall meet the following
requirements:
i. Where access to alternative sources of power are available, portable diesel
engines shall be prohibited; and
ii. All off-road equipment shall have:
1. Engines that meet or exceed either USEPA or CARB Tier 2 off-road
emission standards, and
2. Engines that are retrofitted with a CARB Level 3 Verified Diesel
Emissions
a. Control Strategy (VDECS). Acceptable options for reducing
emissions include the use of late model engines, low-emission
diesel products, alternative fuels, engine retrofit technology,
after-treatment products, add-on devices such as particulate
filters, and/or other options as such are available.
Mitigation Measure BIO-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 31st), 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
Mitigated Negative Declaration ~ Residences at Railway Page 4
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 LUP-1: Apartments (For Rent Units): The applicant and/or property
management shall provide annual VTA eco-passes to all apartment tenants at time of move-in
and every year after for the length of tenancy. The cost of the VTA eco-passes shall be
equally borne by the applicant and tenant. Residents who qualify as very-low income shall be
provided an eco-pass at no cost at time of move-in and every year after for the length of
tenancy. The applicant and/or property management shall not include the cost of a VTA eco-
pass in the overall rent for very-low income apartment units. The requirement to provide no-
cost eco-passes shall continue for the life of the project.
Townhouses/Duplexes (For Sale Units): The applicant and/or established Home Owners
Association shall include the cost of an annual VTA eco-pass in the unit dues for the life of
the project.
Mitigation Measure NOI-1: Air conditioning shall be included in all residences constructed in
the Residences at Railway Development to allow occupants to close doors and windows as
desired to achieve additional acoustic isolation.
Mitigation Measure NOI-2: A noise barrier shall be constructed along the light rail to provide
adequate shielding for the backyards of the duplexes.
PUBLIC REVIEW PERIOD
Any person may file a written protest of the draft Mitigated Negative Declaration before 5:00 p.m. on
August 11, 2015. 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.
However, please note that certain determinations made pursuant to CEQA Guidelines Sec. l 5183.3 are
questions of fact to be resolved by the lead agency.
- _ .-_
~~ - -- - -~~ ______ ~ July 22, 2015
i~nature Date
_ -~-
Stephen Rose, Associate Planner City of Campbell
Printed Name Agency
Encl: Infill Environmental Checklist Form
Mitigation Monitoring and Reporting Program