PC Res 4332RESOLUTION NO. 4332
BEING A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF CAMPBELL RECOMMENDING THE
ADOPTION OF A MITIGATED NEGATIVE DECLARATION
AND MITIGATION MONITORING AND REPORTING
PROGRAM (PLN2015-79) FOR THE PRUNEYARD
SHOPPING CENTER AND OFFICES EXPANSION PROJECT
INCLUDING A ZONING MAP AMENDMENT (PLN2015-357),
A MASTER USE PERMIT (PLN2015-358), _A VESTING
TENTATIVE PARCEL MAP (PLN2015-77), A TREE
REMOVAL PERMIT (PLN2015-335), A MASTER SIGN PLAN
WITH A FREEWAY ORIENTED SIGN AND AN INCREASE IN
SIGN AREA, HEIGHT, AND NUMBER (PLN2015-78), AND A
ZONING CODE AMENDMENT (PLN2015-76) ON PROPERTY
LOCATED AT 1875, 1887, 1901, 1919, 1995, & 1999 S.
BASCOM 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 for The Pruneyard
Shopping Center and Offices Expansion Project, consisting of a Zoning Map
Amendment (PLN2015-357), a Master Use Permit (PLN2015-358), a Vesting Tentative
Parcel Map (PLN2015-77), a Tree Removal Permit (PLN2015-335), a Master Sign Plan
with afreeway-oriented sign and an increase in sign area, height and number
(PLN2015-78), and a Zoning Code Amendment (PLN2015-76). '
The Planning Commission finds as follows with regard to the Mitigated Negative
Declaration:
The Project Site is The Pruneyard Shopping Center and Offices, a 27 acre multi-use
property encompassing three professional office buildings, ahotel, amulti-building
retail shopping center, and amulti-level parking garage. The property is bounded by
Bascom and Campbell Avenues to the east and south, Highway 17 to the west, and
the Pruneridge Plaza Apartments and the Campisi Way terminus to the north.
2. The Project Site is within the C-2 (General Commercial) and the C-2/O (General
Commercial/Overlay) Zoning Districts, and has a corresponding General
Commercial land use designation as shown on the General Plan Land Use Diagram.
3. The Pruneyard Shopping Center and Offices Expansion Project ("Proposed Project"
consists of the following components:
• Zoning Map Amendment (PLN2015-357): To amend the Campbell Zoning Map
to rezone a portion of The Pruneyard from the C-2 (General Commercial) Zoning
District to the C-2-O (General Commercial /Overlay) Combining Zoning District
for a consistent zoning designation over the entire property.
Planning Commission Resolution No. 4332 ~ Page 2
Recommending the Adoption of a Mitigated Negative Declaration
The Pruneyard Shopping Center and Offices;Expansion Project
• Master Use Permit (PLN2015-358): To allow the construction of a 100,000
square-foot (5-story) office building, four retail .buildings constituting 18,600
square-feet, a 30,000 square-foot fitness facility or a 12,000 square-foot
retail/office building, expansion of the existing parking structure (3 or 5 stories),
various site improvements, alterations to existing buildings, establishment of a
new land use program including specifying permitted and conditional uses,
continued allowance of a shared parking program, and implementation of a
transportation demand management program (TDM).
• Tentative Vesting Parcel Map (PLN2015-77): To allow division of the property
into three parcels.
• Tree Removal Permit (PLN2015-335): To allow removal of on-site "protected"
trees.
• Master Sign Plan with a Freeway Oriented Sign (PLN2015-78): To allow a
new comprehensive signage scheme including afreeway-oriented sign, an
increase in sign area, height, and number.
• Zoning Text Amendment (PLN2015-76): To revise various sections of the
Campbell Zoning Code (Title 21 of the Campbell Municipal Code) to reference
the land- use program created by the Master Use Permit and to allow the signage
proposed by the Master Sign Plan.
4. The City of Campbell ("City") is the lead agency on the Proposed Project. The
Community Development Department is the custodian of documents and materials
which constitute the administrative record of the Proposed Project, which may
viewed at Campbell City Hall, located at 70 North First Street, Campbell, California.
5. Pursuant to the California .Environmental Quality Act (CEQA), the City, as lead
agency, prepared an Initial Study to review the Proposed Project for various
potential environmental impacts, including, but not limited to, traffic, air and water
pollution, greenhouse gas emissions, and noise impacts.
6. The Initial Study is based on reports and analyses prepared by qualified
professionals, including an Air Quality and Greenhouse Gas Analysis, a Tree
Inventory, a Geotechnical Evaluation, a Traffic Impact Analysis (TIA), and a Parking
Demand Analysis.
7. Where the potential impacts of a project are found to be less than significant or can
. be made less than significant with incorporation mitigation measures, a Negative
Declaration (ND) or Mitigated Negative Declaration (MND),. respectively, may be
prepared.
8. The Initial Study identified several potentially significant impacts associated with the
Proposed Project, including light and glare, noise, air quality, biological .resources,
seismic risk, cultural resources, and water quality.
Planning Commission Resolution No. 4332 Page 3
Recommending the Adoption of a Mitigated Negative Declaration
The Pruneyard Shopping Center and OfficesjExpansion Project
9. The potentially significant impacts may be mitigated to a less than significant level
with incorporation of measures that beeniagreed to by the project proponent. These
measures are identified in the draft Mitigated Negative. Declaration (MND) prepared
for the Proposed Project.
10. The draft Mitigated Negative Declaration (MND) includes a program for reporting on
or monitoring the changes which have either been required in the project or made a
condition of approval to mitigate or avoid significant environmental.effects.
11. The City prepared a Notice of Intent to Adopt a Mitigated Declaration (NOI) for the
Proposed Project, which along with the Draft Mitigated Negative Declaration and
Initial Study, was filed with the Santa Clara County Office of the Clerk Recorder and
with the California State Clearinghouse (necessary since the project may affect
State or Federal agencies or facilities).
12. The Notice of Intent was also posted to the City's environmental notices webpage,
published in the August 10, 2016 Campbell Express newspaper, and distributed to
all applicable public agencies and utilities, as well as individuals and organization
who have previously requested notice.
13. The City began the 30-day public review period on the draft Mitigated Negative
Declaration pursuant to the California Environmental Quality Act Guidelines. The
review period began on August 10, 2016 and ended on September 12, 2016.
14. Public comment received on the draft Mitigated Negative Declaration has been
considered by the Planning Commission. This specifically includes correspondence
from Santa Clara County Department of Environmental Health (Site Mitigation
Program) indicating a concern regarding pesticides/herbicide soil contamination
stemming from the Project Site's previous agricultural use. The City has determined
that any such contamination is sufficiently addressed by existing local, .State, and
Federal laws, and industry best management practices, and does not warrant
substitution ~or addition of mitigation measures.
15. The Planning Commission's consideration of public comment also specifically
includes correspondence from Santa Clara County Department of Environmental
Health (Solid Waste Program) asserting jurisdiction as a responsible agency on the
proposed project and commenting on the potential for migrating methane from
nearby decomposing buried refuse (former landfill) to affect the project site, with a
recommendation for further environmental investigation. The City has determined
that the County's role as a responsible agency is pursuant to California Code of
Regulations § 21190, which is only applicable to former landfill sites, not property in
proximity to such sites. The County is therefore not a responsible agency. Moreover,
the project's Phase I Environmental Site Assessment did not identify proximity to the
former landfill as a recognized environmental concern. As such, absent substantial
evidence to support the County's assertion, no additional environmental review
under CEQA is required by the City.
Planning Commission Resolution No. 4332 i Page 4
Recommending the Adoption of a Mitigated Negative Declaration
The Pruneyard Shopping Center and Offices Expansion Project
16. The mitigation measures identified in the Mitigated Negative Declaration are
included as Conditions of Approval of the Tentative Parcel Map and Master Use
Permit.
17. There are no responsible agencies or trustee agencies responsible for resources
affected by the project.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. On the basis of the whole record (including the Initial Study and any comments
received), that there is no substantial evidence from which a reasonable argument
could be made that the Proposed Project will have a significant effect on the
environment as currently presented and subject to the Mitigation Measures
contained in the draft Mitigated Negative Declaration.
2. Adoption of the draft Mitigated Negative Declaration reflects the independent
judgment and analysis of the Planning Commission.
THEREFORE, BE IT RESOLVED that the Planning Commission recommends that the
City Council adopt the draft Mitigated Negative Declaration and Mitigation Monitoring
~, and Reporting Program (Exhibit A) prepared for Pruneyard Shopping Center and
Offices Expansion Project.
PASSED AND ADOPTED this 13th day of September, 2016, by the following roll call
vote:
AYES: Commissioners: Bonhagen, Dodd, Hernandez, Reynolds, Young., and
Kendall
NOES: Commissioners:
ABSENT: Commissioners: Rich ~
ABSTAIN: .Commissioners:
APPROVED:
C is Dodd, Chair
l~
ATTEST:
Paul er oyan, Secretary