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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