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CC Resolution 11991RESOLUTION NO. 11991 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL ADOPTING A MITIGATED NEGATIVE DECLARATION (PLN2015-308) FOR A ZONING MAP AMENDMENT (PLN2015- 307); TENTATIVE SUBDIVISION MAP (PLN2015-306); PLANNED DEVELOPMENT PERMIT (PLN2015-305), PARKING MODIFICATION PERMIT (PLN2016-068); AND TREE REMOVAL PERMIT (PLN2015-310), TO ALLOW THE DEVELOPMENT OF FIVE UNITS ON PROPERTY LOCATED AT 180 REDDING ROAD. 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 Zoning Map Amendment (PLN2015-307); Tentative Subdivision Map (PLN2015-306); Planned Development Permit (PLN2015-305); Parking Modification Permit (PLN2016-068); and Tree Removal Permit (PLN2015-310) to allow the development of five units on property located at 180 Redding Road. The City Council finds as follows with regard to recommended adoption of a Mitigated Negative Declaration (PLN2015-308): Environmental Finding An Initial Study has been prepared for the project which provides documentation for the factual basis for concluding that a Mitigated Negative Declaration may be adopted since no substantial evidence exists, in light of the whole record, that the project may have a significant effect on the environment as conditioned. Evidentiary Findings The proposed project ("project") includes a Planned Development Permit (PLN2015- 305) for the approval of site configuration, architectural design and to create five residential lots which do not have frontage on a public street, Tentative Subdivision Map (PLN2015-306) to create five single family lots and one commonly owned lot, Zoning Map Amendment (PLN2015-307) to change the zoning from R-M (Multiple- Family Residential) to P-D (Planned Development), Parking Modification Permit (PLN2016-068) to allow uncovered parking in lieu of covered and Tree Removal Permit (PLN2015-310) to allow removal of protected trees. 2. The project site consists of a single rectangular parcel (15,470 sq. ft. net / 17,270 sq. ft. gross) located on Redding Road between White Oaks Road and S. Bascom Avenue. 3. The lot is currently developed with one single-family residence that will be demolished as part of the proposed subdivision. 4. Abutting land uses include a combination of two-unit and three-unit townhome rows to the north, two-unit townhome rows and single-family homes to the east, six-unit townhome rows to the south, and asingle-family residence to the west. City Council Resolution PLN2015-308 - 180 Redding Road Adopting a Mitigated Negative Declaration (PLN2015-308) Page 2 of 4 5. The project site is zoned R-M (Residential Multifamily) as shown on the Campbell Zoning Map and will be rezoned to P-D (Planned Development). 6. The project site is designated Low-Medium Density Residential (6-13 Units / Gr. Acre) as shown on the Campbell General Plan Map. 7. The proposed residential land use, at a density of 12.6 units/gr. acre, is consistent with the allowable land use and maximum density permitted by the Low-Medium Density Residential General Plan land use designation. 8. The proposed Tentative Subdivision Map may be approved concurrently, and subject to a Planned Development Permit, and Zoning Map Amendment. 9. The project would be consistent with the following General Plan policies and strategies: Policy LUT-3.1: Variety of Residential Densities: Provide land use categories for and maintenance of a variety of residential densities to offer existing and future residents of all income levels, age groups and special needs sufficient opportunities and choices for locating in Campbell. Strategy LUT-5.2a: Neighborhood Compatibility: Promote new residential development and substantial additions that are designed to maintain and support the existing character and development pattern of the surrounding neighborhood, especially in historic neighborhoods and neighborhoods with consistent design characteristics. Strategy LUT-9.3e: Building Materials: Encourage the use of long-lasting, high quality building materials on all buildings to ensure the long- term quality of the built environment. Strategy LUT-17.1 b: Landscaping: Ensure that new developments provide new tree plantings, shrubs, greenery and other landscaping materials, and preserve existing trees and shrubs. 10. The project proposes 15 parking spaces (10 covered, 5 uncovered), where 15 parking spaces (12.5 covered, 2.5 uncovered) are required which is allowed with the approval of the associated Parking Modification Permit (PLN2016-068) which allows for uncovered parking to be permitted in lieu of covered parking. 11. 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. City Council Resolution PLN2015-308 - 180 Redding Road Adopting a Mitigated Negative Declaration (PLN2015-308) Page 3 of 4 12. There are no responsible agencies or trustee agencies responsible for resources affected by the project. 13. On the basis of the Initial Study, and as supported by substantial evidence, the project will not have a significant effect on the environment due to the 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. 14. 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. 15. 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 March 23, 2016 to August 12, 2016. 16. The mitigation measures identified in the Mitigated Negative Declaration are included as Conditions of Approval of the Planned Development Permit and/or Tentative Subdivision Map. Based upon the foregoing findings of fact, the City Council further finds and concludes that: 1. The proposed development will clearly result in a more desirable environment and use of the land than would be possible under any other zoning district classification. 2. The proposed development will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. 3. The proposed development will not result in allowing more residential units than would be allowed by other residential zoning districts, which are consistent with the General Plan designation of the property. 4. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. 5. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. 6. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. 7. 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 City Council Resolution PLN2015-308 - 180 Redding Road Adopting a Mitigated Negative Declaration (PLN2015-308) Page 4 of 4 required conditions of approval, will have a significant adverse impact on the environment. 8. The Mitigated Negative Declaration reflects the independent judgment and analysis of the City Council upon recommendation of the Planning Commission. 9. The Custodian of the Record for the Mitigated Negative Declaration and Initial Study is the Community Development Department of the City of Campbell, located at 70 North First Street, Campbell, California. NOW, THEREFORE, BE IT RESOLVED that the City Council adopts a Mitigated Negative Declaration (PLN2015-308) (attached Exhibit "A") for a Zoning Map Amendment (PLN2015-307); Tentative Subdivision Map (PLN2015-306); Planned Development Permit (PLN2015-305); Parking Modification Permit (PLN2016-068); and Tree Removal Permit (PLN2015-310) to allow the development of five units on property located at 180 Redding Road. PASSED AND ADOPTED this 7th day of June, 2016, by the following roll call vote: AYES: COUNCILMEMBERS: Kotowski, Resnikoff, Cristina, Gibbons, Baker NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None ~- , APPROVED: ~ ~ Ja on T. Baker, Mayor ~~ ~ /' ~ ~ ATTEST: _.~fi „ r= `~._, (~~. Wendy V~ood, City Clerk Exhibit A ~ - ~: ..s , 9R ,lk ~'~ix0.~i ~ CITY oH~ CAMPBELL Community Development Deparh»ent MITIGATED NEGATIVE DECLARATION The Community Development Director has reviewed the proposed project described below to determine whether it could have a significant effect on the environment as a result of the project completion. '`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 signifiicance. Project Title: 180 Redding Road, Campbell CA 95008 File Number(s): Planned Development Permit (PLN2015-305) ~ Tentative Subdivision Map (PLN2015-306) ~ Zoning Map Amendment (PLN2015-307) ~ CEQA Review (PLN2015-308) ~ Tree Removal Permit (PLN2015-310) ~ Parking Modification Permit (PLN2016-068) Project Address: 180 Redding Road, Campbell CA 95008 Project Sponsor: Mike Paydar 299 Redding Road. Campbell, CA 95008 Existing Zoning: R-M (Multiple-Family Residential) Proposed Zoning: P-D (Planned Development) General Plan Lo~~-Media~m Density Residential (6-13 amits/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,~ci'cit~~ofcampbell.com Date Posted: March 23. 2016 Other public agencies whose approval is required: None Surrounding Land Uses /General Plan /Zoning: North: Single-Family Residential /Low-Medium Den. Res. / P-D (Planned Development) South: Single-Family Residential /Low-Medium Den. Res. / P-D (Planned Development) East: Single-Family Residential /Low-Medium Den. Res. / P-D (Planned Development) West: Single-Family Residential /Low-Medium Den. Res. / R-M (Residential Multifamily) 70 North First street • Campbell, CA 95008-1423 • rep (408) 866-2140 • F,~x (408) 866-~ 140 • r:-~~t.~,i~ plannin_~~ citt'oRampbclLami Mitigated Negative Declaration ~ 180 Redding Road Page ? Project Description: The project is an application fora Tentative Subdivision Map to allow subdivision of the project site into five single-family residential parcels, ranging from approximately I , 197 to 2,136 square feet in area. The project also includes a common lot consisting of a single private street and driveway for the subdivision, which takes access the south side of Redding Road. Required land use entitlements for the project include a Planned Development Permit (PLN2015-305) for the approval of site configuration, architectural design and to create lots which do not have frontage on a public street, Tentative Subdivision Map (PLN2015-0306) to create five single family lots and one commonly owned lot, Zoning Map Amendment (PLN2015-0307) to change the zoning from R-M (Multiple-Family Residential) to P-D (Planned Development). Parking Modification Permit (PLN2016-68) (to allow uncovered parking in lieu of covered, and potentially a reduced number of parking spaces) and Tree Removal Permit (PLN2015-310) to allow removal of "protected trees". Finding: The Community Development Director finds that the project described above will not have a significant effect on the environment in that the attached Initial Study identifies one or more potentially significant effects on the environment for which the project proponent, before public release of this draft Mitigated Negative Declaration, has made or agrees to make project revisions that clearly mitigate the effects to a less than significant level. Mitigation Measures Included in the Project to Reduce Potentially Significant Environmental Effects to a Less Than Significant Level: Mitigation Measarre 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. Use dust-proof chutes for loading construction debris onto trucks. b. Water or cover stockpiles of debris, soil, and other materials that can be blown by the wind. c. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard. d. Sweep daily (with water sweepers) all paved access roads, parking areas, and staging areas at the construction site. e. Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets, as directed by the City Engineer. f. Enclose. cover, water twice daily or, or apply (non-toxic) soil stabilizers to exposed stockpiles (dirt, sand, etc.). g. Install erosion control measures to prevent runoff from the project site. Mitigation Measure CUL-1: If archaeological or paleontological resources are encountered during excavation or construction, construction personnel shall be instructed to immediately suspend all activity in the immediate vicinity of the suspected resources and the City and a licensed archeologist or paleontologist shall be contacted to evaluate the situation. A licensed archeologist or paleontologist shall be retained to inspect the discovery and make any necessary recommendations to evaluate the find under current CEQA guidelines prior to the submittal of a resource mitigation plan and monitoring program to the City for review and approval prior to the continuation of any on-site construction activity. Mitigated Negative Declaration - 180 Redding Road Page 3 Mitigation Measure GEO-1: The applicant shall comply with the recommendations in the Geotechnical Investigation, dated January 7, 2016 by Wayne L. Ting C.E. (No. C46276) of Wayne Ting & Associates Incorporated. Such recommendations shall be incorporated into the project's final engineering design to minimize the damage from seismic shaking, unsuitable fill, and other geological deficiencies. The project shall use standard engineering techniques and conform to the requirements of the International Building Code to reduce the potential for seismic damage and risk to future occupants. Mitigation Measure HAZ-1: Prior to issuance of a demolition permit, a qualified contractor shall asses the property for presence of Lead-based paint (LBP) and Asbestos containing building materials (ACBM), and if present, prepare a plan, to the satisfaction of the Building Official. to properly manage and dispose of such materials. PUBLIC REVIEW PERIOD Any person may file a written protest of the draft Mitigated Negative Declaration before 5:00 p.m. on August 12, 2016. 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. _ .~ ~'. Signature CJ Stephen Rose, Associate Planner Printed Name March 23, 2016 Date City of Campbell Agency Encl: Initial Study Mitigation Monitoring and Reporting Program ~~~ (`ABTA -~ 9 ~ ~. (RR X71 a~~~ ` ('1"i'Y or C.4N1P13ELL Community Development Department MITIGATION MONITORING AND REPORTING PROGRAM Monitoring Enforcement Monitoring Action Verification of Mitigation Measure h Indicating Compliance P ase Agency Agency Compliance Initials Date Remarks Air Quality -AIR Mitigation Measure AIR-1: The project applicant shall ensure that Site Preparation City of Public Periodic construction plans include the BAAQMD Best Management Practices and Campbell Works Compliance for fugitive dust control. The following will be required for all Construction Department Report construction activities within the project area. These measures will and reduce fugitive dust emissions primarily during soil movement, Building grading and demolition activities, but also during vehicle and Division equipment movement on unpaved project sites: a. Use dust-proof chutes for loading construction debris onto trucks. b. Water or cover stockpiles of debris, soil, and other materials that can be blown by the wind. c. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard. d. Sweep daily (with water sweepers) all paved access roads, parking areas, and staging areas at the construction site. e. Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets, as directed by the City Engineer. f. Enclose, cover, water twice daily or, or apply (non-toxic) soil stabilizers to exposed stockpiles (dirt, sand, etc.). g. Install erosion control measures to prevent runoff from the project site. Monitoring Enforcement Monitoring Action Verification of Mitigation Measure Ph Indicating Compliance ase Agency Agency Compliance Initials Date Remarks Cultural Resources -CUL Mitigation Measure CUL-1: If archaeological or paleontological Site Preparation City of Building Periodic resources are encountered during excavation or construction, and Campbell Division Compliance construction personnel shall be instructed to immediately suspend Construction Report all activity in the immediate vicinity of the suspected resources and the City and a licensed archeologist or paleontologist shall be contacted to evaluate the situation. A licensed archeologist or paleontologist shall be retained to inspect the discovery and make any necessary recommendations to evaluate the find under current CEQA guidelines prior to the submittal of a resource mitigation plan and monitoring program to the City for review and approval prior to the continuation of any on-site construction activity. Hazards and Hazardous Materials -HAZ Mitigation Measure HAZ-1: Prior to issuance of a demolition permit, Prior to City of Building Assessment a qualified contractor shall asses the property for presence of Lead- Issuance of Campbell Division Report by based paint (LBP) and Asbestos containing building materials Demolition Qualified (ACBM), and if present, prepare a plan, to the satisfaction of the Permit Contractor Building Official, to properly manage and dispose of such materials.