PC Res 4253RESOLUTION NO. 4253
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL RECOMMENDING THE ADOPTION
OF AN ADDENDUM (PLN2015-174) TO A PREVIOUSLY
ADOPTED MITIGATED NEGATIVE DECLARATION (PLN2013-
340) FOR A MODIFICATION (PLN2015-170) TO A PREVIOUSLY
APPROVED AND MODIFIED PLANNED DEVELOPMENT
PERMIT (PLN2013-337 / PLN2015-48), A MODIFICATION
(PLN2015-171) TO A PREVIOUSLY APPROVED AND MODIFIED
TENTATIVE VESTING SUBDIVISION MAP (PLN2013-339 /
PLN2015-49), A PARKING MODIFICATION PERMIT (PLN2015-
172), AND A TREE REMOVAL PERMIT (PLN2015-173) TO
ALLOW AN EXPANSION OF AN APPROVED (TWO-PHASE)
RESIDENTIAL DEVELOPMENT INCLUDING THE ADDITION OF
LESS THAN '/2 ACRE OF PROPERTY AND AN INCREASE FROM
100 UNITS TO 118 RESIDENTIAL UNITS (90 TOWNHOMES AND
28 APARTMENT UNITS), AN EIGHT STALL REDUCTION TO THE
REQUIRED NUMBER OF ON-SITE PARKING STALLS, AND
REMOVAL OF PROTECTED TREE(S), ON PROPERTIES
LOCATED AT 180, 186, 190, 230, 240, 260, 272, 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 hearing was closed.
The Planning Commission finds as follows and recomonds adoption of an Addendum to
the previously adopted Mitigated Negative Declaration:
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).
2. 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," sucri as noise or lighting standards that would substantially mitigate potential
impacts.
Planning Commission Resolution No. 4253 Page 2
Recommending Adoption of an Addendum to a Mitigated Negative Declaration
File No.: PLN2015-174
3. 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).
4. 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.
5. An Infill Environmental Checklist Form was prepared for the project, which resulted in
the preparation of a Mitigated Negative Declaration.
6. The City Council adopted the Mitigated Negative Declaration on October 21, 2014, by
Resolution No. 11735, as part of the overall project approval.
7. Subsequent to project approval, the applicant submitted a proposal for a revised project
that would incorporate three additional properties, allowing the addition of nine
townhomes and nine apartment units, increasing the total unit count from 100 to 118
units (90 townhomes and 28 apartment units). Additionally, the revised project would
modify the site configuration, reduce the amount of required on-site guest parking, and
allow removal an additional protected tree. The proposal will require a Modification
(PLN2015-170) to a previously approved and modified Planned Development Permit
(PLN2013-33'.7 / PLN2015-48), a Modification (PLN2015-171) to a previously approved
and modified Tentative Vesting Subdivision Map (PLN2013-339 / PLN2015-49), a
Parking Modification Permit (PLN2015-172), and a Tree Removal Permit (PLN2015-
173).
8. CEQA Guidelines §15164(b) state that an addendum to an adopted negative
declaration may be prepared if only minor technical changes or additions are necessary
or none of the conditions described in §15162 calling for the preparation of a
subsequent Environmental Impact Report or negative declaration have occurred.
9. An addendum to the adopted Mitigated Negative Declaration was prepared, as
supported by a supplemental analysis reviewing the potential environmental impacts of
the revised project.
10. The addendum was not circulated for public review but was attached to the adopted
mitigated negative declaration.
11. The decision making body considered the addendum with the adopted Mitigated
Negative Declaration prior to making a decision on the revised aroiect.
12. The mitigation measures previously identified in the Mitigated Negative Declaration are
included as Conditions of Approval of the Modified Planned Development Permit and/or
Modified Vesting Tentative Subdivision Map.
Planning Commission Resolution No. 4253 Page 3
Recommending Adoption of an Addendum to a Mitigated Negative Declaration
File No.: PLN2015-174
Based upon the foregoing findings of fact, the Planning Commission 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 Addendum to the Mitigated Negative Declaration reflects the independent
judgment and analysis of the City Council upon recommendation of the Planning
Commission.
3. Based on the proposed revised project description, the environmental review prepared
for the Infill Environmental Checklist/Mitigated Negative Declaration, and a
supplemental analysis, the City has concluded that the proposed revised project would
not result in any new significant impacts not previously disclosed in the adopted Infill
Environmental Checklist/Mitigated Negative Declaration nor would it result in a
substantial increase in the magnitude of any significant environmental impact
previously identified in the Infill Environmental Checklist/Mitigated Negative
Declaration. For these reasons, an addendum to the adopted Infill Environmental
Checklist/Mitigated Negative Declaration for the revised Dillon Avenue Townhomes and
Apartments Project has been prepared and a supplemental or subsequent
Environmental Impact Report or Infill Environmental Checklist/Mitigated Negative
Declaration is not required for the proposed revised project.
4. The Custodian of the Record for the Addendum, 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 an Addendum (PLN2015-174) to a previously adopted Mitigated Negative
Declaration (PLN2013-340) (attached Exhibit A).
PASSED AND ADOPTED this 27th day of October, 2015, by the following roll call vote:
AYES: Commissioners: Bonhagen, Finch, Kendall, and Rich, Dodd and Young
NOES: Commissioners: Reynolds
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None
APPROVED
ATTEST:
Paul Kermoyan, Secretary