CC Resolution 11920RESOLUTION NO. 11920
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAMPBELL ADOPTING 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 '/z
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 180/86, 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 City Council finds as follows in adopting an Addendum to the previously adopted
Mitigated Negative Declaration:
1. 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," such as noise or lighting standards that would substantially mitigate potential
impacts.
City Council Resolution Page 2
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
(PLN2013-337 / 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).
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 project.
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.
City Council Resolution Page 3
Adoption of an Addendum to a Mitigated Negative Declaration
File No.: PLN2015-174
Based upon the foregoing firidings 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 ChecklisUMitigated 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 ChecklisUMitigated Negative Declaration nor would it result in a
substantial increase in the magnitude of any significant environmental impact
previously identified in the Infill Environmental ChecklisUMitigated Negative
Declaration. For these reasons, an addendum to the adopted Infill Environmental
ChecklisUMitigated 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 ChecklisUMitigated 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 City Council adopts an Addendum (PLN2015-
174) to a previously adopted Mitigated Negative Declaration (PLN2013-340) (attached
Exhibit A).
PASSED AND ADOPTED this 17th day of November, 2015, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN
COUNCILMEMBERS: Gibbons, Kotowski, Baker
COUNCILMEMBERS: Resnikoff, Cristina
COUNCILMEMBERS: None
COUNCILMEMBERS: None
APPROVED:
ATTEST: ~/
Wend ood, City Clerk
Exhibit A
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CITY off CAMPBELL
Community Uevelopment Department
ADDENDUM TO A MITIGATED NEGATIVE DECLARATION (MND)
AND INFILL ENVIRONMENTAL CHECKLIST
The Dillon Avenue Townhomes and Apartments Project (Revised)
280 Dillon Avenue et al.
Pursuant to Section 15164 of the CEQA Guidelines, the City of Campbell has prepared an
Addendum to an Infill Environmental Checklist/Mitigated Negative Declaration because
minor changes made to the project that are described below do not raise important new issues
about the significant impacts on the environment.
PROJECT NAME, APPLICATION FILE NUMBERS, AND LOCATION
Project Name: The Dillon Avenue Townhomes and Apartments Project
File Nos.: Modification (PLN2015-170) to a previously approved and modified Planned
Development Permit (PLN2013-337 / PLN2015-48); Modification (PLN2015-171) to a
previously approved and modified Tentative Vesting Subdivision Map (PLN2013-339 /
PLN2015-49); Parking Modification Permit (PLN2015-172); and Tree Removal Permit
(PLN2015-173)
Location: The approximate five acre, multi-parcel project site is generally located at the southeast
comer of Dillon Avenue and Sam Cava Lane 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
PRO.IECT DESCRIPTION
On October 21, 2014, the City of Campbell adopted a Mitigated Negative Declaration by City
Council Resolution No. 11735 for which an Infill Environmental Checklist was prepared for the
Dillon Avenue Townhomes and Apartments Project (referred to herein as "approved project")
in accordance with the California Environmental Quality Act (CEQA). The approved project
analyzed in the Infill Environmental Checklist/Mitigated Negative Declaration consisted of 81
townhome units (fee title ownership), 19 apartment (rental) units, and associate site work,
including grading, landscaping, and private roadway improvements. The approved project
included approval of a Planned Development Permit (PLN2013-337), a Vesting Tentative
Subdivision Map (PLN2013-339), and a Tree Removal Permit (PLN2014-191).
Following the City's approval, the applicant acquired additional property for purposes of
expanding the scope of the project. As not to incur delay, the applicant submitted applications
to separate the approved project into two phases, allowing construction of one portion to
begin while the expansion proposal is reviewed. The phasing plan was approved by the City
Council in July 21, 2015, with a determination that since the phasing plan did not change the
nature or scope of the approved project as understood in the previously adopted
environmental documents, no additional environmental review was required.
70 Nonh First Street • Campbell, CA 95008-1423 • T[~ (408) 866-? 140 • rnx (408) 666-5130 • e-ninn, planningngcityol'campbell,com
Addendum to Mitigated Negative Declaration and Infill Environmental Checklist Pg. 2
The applicant's proposal to expand the project (herein "revised project") 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 (PLN2013-337 / 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).
The adopted Infill Environmental Checklist/Mitigated Negative Declaration evaluated the
environmental impacts that might reasonably be anticipated to result from the implementation
of the project. This Addendum was prepared to evaluate the environmental impacts that may
result from revised project as described above and confirm whether any new significant
impacts or a substantial increase in the severity of previously identified impacts would result
from the revised project. Specifically, the following impacts were reviewed and found to be
adequately considered by the Infill Environmental Checklist/Mitigated Negative Declaration:
® Aesthetics
® Biological Resources
®Greenhouse Gas
Emissions
® Land Use/Planning
® Population/Housing
® Transportation/
Circulation
ANALYSIS
® Agricultural Resources ®Air Quality
® Cultural Resources ®Geology/Soils
® Hazards/Hazardous ®Hydrology/Water
Materials Quality
® Mineral/Energy Resources ®Noise
® Public Services ®Recreation
® Utilities/Service Systems
The California Environmental Quality Act (CEQA) recognizes that between the date an
environmental document is completed and the date the project is fully implemented, one or
more of the following changes may occur: I) the project may change; 2) the environmental
setting in which the project is located may change; 3) laws, regulations, or policies may
change in ways that impact the environment; and/or 4) previously unknown information can
arise. Before proceeding with a project, CEQA requires the Lead Agency to evaluate these
changes to determine whether or not they affect the conclusions in the environmental
document.
The purpose of this Addendum is to evaluate the environmental impacts of the revised project,
which would allow for the development of 1 18 residential units, including 90 townhomes and
28 apartment units, and associated site work, including grading, landscaping, and private
roadway improvements.
Addendum to Mitigated Negative Declaration and Infill Environmental Checklist Pg. 3
The CEQA Guidelines §15162 state that when a negative declaration has been adopted for a
project, no subsequent EIR or negative declaration shall be prepared for that project unless the
lead agency determines, on the basis of substantial evidence in light of the whole record, one
or more of the following:
1. Substantial changes are proposed in the project which will require major revisions of
the previous EIR or negative declaration due to the involvement of new significant
environmental effects or a substantial increase in the severity of previously identified
significant effects;
Z. Substantial changes occur with respect to the circumstances under which the project is
undertaken, which will require major revisions of the previous EIR or negative
declaration due to the involvement of new significant environmental effects or a
substantial increase in the severity of previously identified significant effects; or
3. New information of substantial importance, which was not known and could not have
been known with the exercise of reasonable diligence at the time the previous EIR was
certified as complete or the negative declaration was adopted. shows any of the
following:
a. The project will have one or more significant effects not discussed in the
previous EIR ornegative declaration;
b. Significant effects previously examined will be substantially more severe than
shown in the previous EIR;
c. Mitigation measures or alternatives previously found not to be feasible would
in fact be feasible and would substantially reduce one or more significant
effects of the project, but the project proponents decline to adopt the mitigation
measure or alternative; or
d. Mitigation measures or alternatives which are considerably different from
those analyzed in the previous EIR or negative declaration would substantially
reduce one or more significant effects on the environment, but the project
proponents decline to adopt the mitigation measure or alternative.
CEQA Guidelines $15164(6) 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.
Based on the proposed revised project description, the environmental review prepared for the
Infill Environmental Checklist/Mitigated Negative Declaration, and the attached 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 [he Infill
Environmental Checklist/Mitigated Negative Declaration.
Addendum to Mitigated Negative Declaration and Infill Environmental Checklist Pg. 4
For these reasons, an addendum to the adopted Infill Environmental Checklist/Mitigated
Negative Declaration for the revised Dillon Avenue "fownhomes 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. This addendum will not be circulated for public review, but will be attached
to the final Infill Environmental Checklist/Mitigated Negative Declaration for the Dillon
Avenue Townhomes and Apartments Project, pursuant to CEQA Guidelines §15164(c) and
postponed on the City's website. All documents referenced in this Addendum are available for
public review in the Campbell Community Development Department at Campbell City Hall,
70 N. First Street, during normal business hours and online on the City's 'Environmental
Notices' webpage (http://www.citvofcampbell.com/Archive.asos?AMID=49).
October 9, 2015
Daniel Fama, Associate Planner Date
Community Development Department