CC Resolution 12040RESOLUTION NO. 12040
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL ADOPTING A MITIGATED NEGATIVE DECLARATION
(PLN2016-37) FOR A ZONING .MAP AMENDMENT (PLN2016-35);
TENTATIVE SUBDIVISION MAP (PLN2016-36); PLANNED
DEVELOPMENT PERMIT (PLN2015-34), AND PARKING
MODIFICATION PERMIT (PLN2016-222); TO ALLOW THE
DEVELOPMENT OF FOUR UNITS ON PROPERTY LOCATED AT
1323 PARSONS 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 Zoning Map Amendment (PLN2016-35); Tentative
Subdivision Map (PLN2016-36); Planned Development Permit (PLN2016-35); and a
Parking Modification Permit (PLN2016-222); to allow the development of four units on
property located at 1323 Parsons Avenue.
The City Council finds as follows with regard to recommended adoption of a Mitigated
Negative Declaration (PLN2016-37):
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 (PLN2016-37)
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
2. The proposed project ("project") includes a Planned Development Permit (PLN2016-
34) for the approval of site configuration, architectural design and to create residential
lots which do not have frontage on a public street, Tentative Subdivision Map
(PLN2016-36) to create four developable single family lots and one commonly owned
lot, Zoning Map Amendment (PLN2016-35) to change the zoning from R-1-6 (Single-
- Family Residential) to P-D (Planned Development), and Parking Modification Permit
(PLN2016-222) to allow uncovered parking in lieu of covered.
3. The project site is a 33,263 square-foot property located on the west side of Parsons
Avenue, south of Camden Avenue, and north of Sharp Avenue.
4. Single-family residential properties border the site to the south and west and
commercial uses border the property to the north and east.
5. The lot is currently developed with one single-family residence that will be demolished
as part of the proposed subdivision.
6. Single-family residential properties border the site to the south and west and
commercial uses border the property to the north and east.
City Council Resolution
PLN2016-36 - 1323 Parsons Avenue
Adopting a Mitigated Negative Declaration (PLN2016-37)
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7. The project site is zoned R-1-6 (Residential Single-Family) as shown on the Campbell
Zoning Map and will be rezoned to P-D (Planned Development).
8. The project site is designated Low Density Residential (<6 Units / Gr. Acre) as shown
on the Campbell General Plan Map.
9. The proposed residential land use, at a density of approximately 5 units/gr. acre, is
consistent with the allowable land use and maximum density permitted by the Low
Density Residential (< 6 units per gross acre) General Plan land use designation.
10. The proposed Tentative Subdivision Map may be approved concurrently, and subject
to a Planned Development Permit, and Zoning Map Amendment.
11. 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-g.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-17.1b:Landscaping: Ensure that new developments provide new tree
plantings, shrubs, greenery and other landscaping materials,
and presence existing trees and shrubs.
12. The project proposes 13 parking spaces (8 covered, 5 uncovered), where 12 parking
spaces (10 covered, 2 uncovered) are required which is allowed with the approval of
the associated Parking Modification Permit (PLN2016-68).
13. 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
PLN2016-36 - 1323 Parsons Avenue
Adopting a Mitigated Negative Declaration (PLN2016-37)
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14. There are no responsible agencies or trustee agencies responsible for resources
affected by the project.
15. 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.
16. 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.
17. 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 August 3, 2016 to August 23, 2016.
18. 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:
19. 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.
20. The proposed development will be compatible with the General Plan of the City and
will aid in the harmonious development of the immediate area.
21. 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.
22. The proposed development will not be detrimental to the health, safety or welfare of
the neighborhood or the City as a whole.
23. There is a reasonable relationship and a rough proportionality between the conditions
of approval and the impacts of the project.
24. There is a reasonable relationship between the use of the fees imposed upon the
project and the type of development project.
25. 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
PLN2016-36 - 1323 Parsons Avenue
Adopting a Mitigated Negative Declaration (PLN2016-37)
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required conditions of approval, will have a significant adverse impact on the
environment.
26. The Mitigated Negative Declaration reflects the independent judgment and analysis of
the City Council upon recommendation of the Planning Commission.
27. 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 (PLN2016-37) (attached Exhibit "A") for a Zoning Map Amendment (PLN2016-
35); Tentative Subdivision Map (PLN2016-36); Planned Development Permit (PLN2016-
34); and a Parking Modification Permit (PLN2016-222); to allow the development of four
units on property located at 1323 Parsons Avenue.
PASSED AND ADOPTED this 6th day of September, 2016, by the following roll call vote:
AYES: COUNCILMEMBERS: Kotowski, Resnikoff, Gibbons, Baker
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Cristina
ABSTAIN: COUNCILMEMBERS: None
APPROVED:
J son T. Baker, Mayor
ATTEST: ati
Wendy ood, City Clerk
Exhibit A
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CITY OF CAMPBELL
Community Development Department
DRAFT
1VIITIGATED NEGATIVE DECLARATI®N
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 ofhistonc or aesthetic significance.
Project Title: 1323 Parsons Avenue Subdivision
File Number(s): Planned Development Permit (PLN2016-34) ~ Tentative Subdivision Map
(PLN2016-36) ~ Zoning Map Amendment (PLN2016-35) ~ CEQA Review
(PLN2016-37) ~ Parking Modificafion Pemut (PLN2016-222)
Project Address: 1323 Parsons Avenue, Campbell CA 95008
Project Sponsor: Omid Shaken, The Ridgecrest Group
2383 Joseph Avenue, Campbell, CA 95008
Existing Zoning: R-1-6 (Single-Family Residential)
Proposed Zoning: P-D (Planned Development)
General Plan Low-Medium Density Residential (6-13 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(cDcityofcampbell.com
Date Posted: August 3, 2016
Other public agencies whose approval is required: None File/i: 1074 7tzelzate
Surrounding Land Uses /General Plan /Zoning:
North: Jiffy Lube & Convalescent Caze /Professional Office / P-O (Professional Office)
South: Single-Family Residential /Low Den. Res. / R-1-6 (Single-Family Residential)
East: Head to Toe Salon & H&R Block /Professional Office / P-O (Professional Office)
West: Single-Family Residential /Low Den. Res. / R-1-6 (Single-Family Residential)
70 Noah First Street • Campbell, CA 95008-1423 • ie[. (408) 866-2140 • Fnx (408) 866-5140 • E-Mnt[, planuiog@cityofcampbell.com
Mitigated Negative Declaration ~ 1323 Patrons Avenue Page 2 of 3
Project Description: The applicant is seeking approval of a Planned Development Permit to allow the
construction of four new two-story single-family residences, a Zone Change to allow a zone district
change from R-1-6 (Single Family Residential) to P-D (Planned Development), Vesting Tentative
Subdivision Map to allow the creation of five lots (four developable) from a single parcel and Parking
Exception Permit to allow uncovered pazking spaces to be provided in lieu of required covered
pazking.
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 Measure AIR-I: 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.
o. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to
maintain at least two feet of freeboazd.
d. Sweep daily (with water sweepers) all paved access roads, pazking azeas, and
staging azeas 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..
£ 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 1lleasure CUL-I: If azchaeological or paleontologcal resources aze 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
azcheologist 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.
Mitigation Measure GEO-I: 'i'he applicant shall comply with the recommendations (Pages 12
through 14) in the Soil and Foundation Investigation of Proposed 4 Single Family
Residences, dated April 29, 2016. 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
Mitigated Negative Declaration _ 1323 Parsons Avenue Page 3 of 3
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.
Mitigation Measure NOI-1: Mechanical ventilation (HVAC) shall be included in' all
residences constructed to allow occupants to close doors and windows as desired to achieve
additional acoustic isolation. Further, the project building plans shall incorporate dual pane
thermal windows and acoustically effective doors with a rated minimum Sound Transmission
Class (STC) as recommended by the acoustical study.
Mitigation Measure NOI-2: An acoustical study shall be prepazed for the project which will
study existing noise conditions, the project plans, and provide specific structural
recommendations to wmply with the noise exposure limits identified in the Campbell
General Plan. The project building plans shall incorporate the recommendations as mitigation
measures. '
PUBLIC REVIEW PERIOD
Any person may file a written protest of the draft Mitigated Negative Declaration before 5:00 p.m. on
August 23, 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 azgument" that the
project will have one or more significant effects on the environment based on substantial evidence.
Si afore
Stephen Rose, Associate Planner
Printed Name
29, 2016
Date
City of Campbell
Agency
Encl: Initial Study
Mitigation Monitoring and Reporting Program
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CITY of CAMPBELL
Comnunuty Development Department
DRAFT MITIGATION MONITORING AND REPORTING PROGRAM
Enforcement Monitoring Action Verification of
Mitigation Measure Monitoring Phase Indicating Compliance
Agency Agency Compliance Initials Date Remarks
Air Quality -AIR
Mitigation Measure AIR-1: The project applicant shall ensure Site Preparation and City of Public Periodic
that construction plans include the BAAQMD Best Management Construction Campbell Works Compliance
Practices for fugitive dust control. The following will be required Department Report
for all construction activities within the project area. These and
measures will reduce fugitive dust emissions primarily during Building
soil movement, grading and demolition activities, but also Division
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 (witFi 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.).
Enforcement Monitoring Action Verification of
Mitigation Measure Monitoring Phase A A Indicating Compliance
enc
g y enc
g y
Compliance Initials Date Remarks
g, Install erosion control measures to prevent runoff from
the project site.
Cultural Resources-CUL
Mitigation Measure CUL-1: If archaeological or paleontological Site Preparation and City of Building Periodic
resources are encountered during excavation or construction, Construction Campbell Division Compliance
construction personnel shall be instructed to immediately Report
suspend all activity in the irnmediate 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.
Geology and Soils - GEO
Mitigation Measure GLO-1: The applicant shall comply with the Prior to Submittal of City of Building Assessment
recommendations (Pages 12 through 14) in the Soil and Building Permit, & Campbell Division Report by
Foundation Investigation of Proposed 4 Single Family Site Preparation and Qualified
Residences, dated April 29, 2016. Such recommendations shall Construction Contractor
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.
Enforcement Monitoring Action Verification of
Mitigation Measure Monitoring Phase Indicating Compliance
Agency Agency Compliance Initials Date Remarks
Hazards and Hazardous Materials -HAZ
Mitigation Measure HAZ-1: Prior to issuance of a demolition Prior tolssuanceof City of Building Assessment
permit, a qualified contractor shall asses the property for Demolition Permit Campbell Division Report by
presence of Lead-based paint (LBP) and Asbestos containing Qualified
building materials (ACBM), and if present, prepare a plan, to the Contractor
satisfaction of the Building Official, to properly manage and
dispose of such materials.
Noise - NOI
Mitigation Measure NOI-1: Mechanical ventilation (HVAC) shall Prior to Submittal of City of Building Assessment
be included in all residences constructed to allow occupants to Building Permit Campbell Division Report by
close doors and windows as desired to achieve additional Qualified
acoustic isolation. Further, the project building plans shall Contractor
incorporate dual pane thermal windows and acoustically
effective doors with a rated minimum Sound Transmission Class
(STC) as recommended by the acoustical study.
Mitigation Measure NOI-Z: An acoustical study shall be
prepared for the project which will study existing noise
conditions, the project plans, and provide specific structural
recommendations to comply with the noise exposure limits
identified in the Campbell General Plan. The project building
plans shall incorporate the recommendations as mitigation
measures.
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