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CC Resolution 12066RESOLUTION NO. 12066 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL ADOPTING A NEGATIVE DECLARATION (PLN2016- 278) FOR A ZONING MAP AMENDMENT (PLN2016-275); TENTATIVE PARCEL ° MAP (PLN2016-019); PLANNED DEVELOPMENT PERMIT (PLN2016-276), AND TREE REMOVAL PERMIT (PLN2016-277); TO ALLOW THE DEVELOPMENT OF TWO SINGLE-FAMILY HOMES ON PROPERTY LOCATED AT 1223 WALNUT DRIVE. 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 Negative Declaration provides full and adequate environmental review for approval of a Zoning Map Amendment (PLN2016-275) to change the zoning designation from R-M (Multi-Family Residential) to P-D (Planned Development), a Planned Development Permit (PLN2016-276) to allow the construction of two (2) two-story detached single-family homes, Tentative Parcel Map (PLN2016-019) to create two residential lots and one common lot, and Tree Removal Permit (PLN2016-277) to allow for the removal of one protected tree on property located at 1223 Walnut Drive. The City Council finds as follows with regard to recommended adoption of a Mitigated Negative Declaration (PLN2016-278): Environmental Finding An Initial Study has been prepared for the project which provides documentation for the factual basis for concluding that a Negative Declaration (PLN2016-278) 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 Tentative Parcel Map (PLN2016-019) to create two residential lots and one common lot, Zoning Map Amendment (PLN2016- 275) to change the zoning designation from R-M (Multi-Family Residential) to P-D (Planned Development), a Planned Development Permit (PLN2016-276) to allow the construction of two (2) two-story detached single-family homes, a Tree Removal Permit (PLN2016-277) to allow for the removal of one protected tree, and a Negative Declaration (PLN2016-278). The project site consists of a 10,011 square foot (net area) lot located on Walnut Drive between Wendell Drive and Hacienda Avenue. 4. The lot is currently developed with one single-family residence that will be demolished as part of the proposed project. Abutting land uses include a single-family residence to the south, single-family townhomes to the north and east, and a senior living facility to the west. City Council Resolution PLN2016-278 Adopting a Negative Declaration - 1223 Walnut Drive Page 2 of 3 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 approximately seven (7) 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 project site is zoned R-M (Multi-Family Residential) as shown on the Campbell Zoning Map and will be rezoned to P-D (Planned Development). 9. The land use entitlements for the proposed Project may be approved concurrently where approval of the Tentative Parcel Map is subject to approval of the Zoning Map Amendment and Planned Development Permit. 10. There are no responsible agencies or trustee agencies responsible for resources affected by the project. 11. 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 conditions of approval. 12. The City of Campbell provided a Notice of Intent to adopt a Negative Declaration to the public via the Campbell Express, the County Clerk, and on the City website. 13. The City of Campbell provided a 20-day public review period of the Negative Declaration pursuant to the California Environmental Quality Act Guidelines. The 20- day public review period began on May 25, 2016 and the public was invited to comment on the Draft Negative Declaration in writing and/or in person at the Planning Commission Public Hearing on June 14th and September 13th and the City Council public hearing on October 18, 2016. No comments have been received on the draft Negative Declaration. Based upon the foregoing findings of fact, the City Council further finds and concludes that: 14. 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. 15. The Negative Declaration reflects the independent judgment and analysis of the City Council upon recommendation of the Planning Commission. 16. The Custodian of the Record for the Negative Declaration and Initial Study is the Community Development Department of the City of Campbell, located at 70 North First Street, Campbell, California. City Council Resolution PLN2016-278 Adopting a Negative Declaration - 1223 Walnut Drive Paae 3 of 3 NOW, THEREFORE, BE IT RESOLVED that the City Council adopts a Negative Declaration (PLN2016-278) (attached Exhibit "A") for a Tentative Parcel Map (PLN2016- 019), Zoning Map Amendment (PLN2016-275), a Planned Development Permit (PLN2016- 276), and a Tree Removal Permit (PLN2016-277); to allow the development of two single- family dwellings on property located at 1223 Walnut Drive. PASSED AND ADOPTED this 18th day of October, 2016, by the following roll call vote: AYES: COUNCILMEMBERS: Kotowski, Resnikoff, Gibbons, Baker NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cristina ABSTAIN: COUNCILMEMBERS: None APPROVED: ~ ~- Ja on T. Baker, Mayor ATTEST: ~u~ ~r Wend} ood, City Clerk o~ ~AM~, U _'r 'q n N~. IIAZ-•-" o r~~ ` .'A'FCIIA0.V~ CITY OF CAMPBELL Community Development Department ADDENDUM TO A DRAFT NEGATIVE DECLARATION 1223 Walnut Drive -Parcel Map (Revised) Pursuant to CEQA Guidelines Section 15164, this addendum has been prepared for the Draft Negative Declaration previously noticed and circulated on May 20, 2016 for the development project at 1223 Walnut Drive, finding that the proposed revisions to the original project include only minor changes which do not create new significant impacts and do not require the preparation of a subsequent Initial Study or re-circulation of the Draft Negative Declaration. Project Name: 1223 Walnut Drive -Parcel Map File Nos.: Tentative Parcel Map (PLN2016-019); Zoning Map Amendment (PLN2016-275); Planned Development Permit (PLN2016-276); Tree Removal Permit (PLN2016-277) Location: 1223 Walnut Drive, Campbell CA 95008 ANALYSIS Original Project: Four (4) residential lots consisting of nine (9) parking spaces and three (3) attached townhomes with a maximum height of 26-feet-six-inches, a total floor area ratio of 58.4%, and 928 square feet of private open space. Revised Project: Three (3) residential lots consisting of six (6) parking spaces and two (2) detached single-family homes with a maximum height of 27-feet, a total floor area ratio of 49.7%, and 2,699 square feet of private open space. All other substantive aspects of the revised project remain the same as the original project. The proposed changes include a reduction in the number of parking spaces, a reduction in the density, a reduction in the total floor area ratio, an increase in the amount of private open space, and a minor increase in building height. As revised, the proposed project will have fewer impacts due to an overall reduction in development intensity. Therefore, the revised project would not result in any new significant impacts not previously analyzed in the Initial Study /Draft Negative Declaration. For these reasons, a supplemental Initial Study is not required for the revised project, nor does the Draft Negative Declaration need to be re-circulated. An addendum to the Draft Negative Declaration has been prepared and attached to the Draft Negative Declaration. 70 North First Street • Campbell, CA 95008-1423 • ier. (408) 866-2140 • enx (408) 866-5140 • [-ntAa planning n cityofcampbell.com Addendum to Draft Negative Declaration Pg. 2 of 2 RECOMMENDATION That the City of Campbell Planning Commission and City Council find on the basis of substantial evidence in the light of the whole record that the proposed modifications to the original project are within the scope of the Initial Study analysis and will not cause any new significant environmental impacts, substantially increase previously identified impacts, nor require any new or modified mitigation. In making this finding, the Planning Commission and City Council have considered evidence presented by City Staff, the applicant, and other interested parties and have determined that: (1) NO substantial changes are proposed in the project which will require major revisions of the Draft Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) NO substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the Draft 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 which was not known and could not have been known with the exercise of reasonable diligence at the time the Draft Negative Declaration was circulated, does NOT show any of the following: (a) The project will have one or more significant effects not discussed in the previously adopted Mitigated Negative Declaration; (b) Significant effects previously examined will be substantially more severe than shown in the previously adopted Mitigated Negative Declaration; (c) Mitigation measures or altematives 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 altematives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. Pursuant to CEQA Guidelines Section ] 5164, an addendum need not (and will not) be circulated for public review but can be (and will be) included in or attached to the adopted Negative Declaration. 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 (htto:/hvww.cit of~pbell.com/Archive.asux?AMID=49). ~~""~'~~~f°~`P'~` September 2, 2016 Cynthia McCormick, Senior Planner Date ~..: Santa Clara County Clerk-Recorder's Office County of Santa Clara cciLnvT state of California ty Clerk-Recorder t o ~ wtl Iii I O 1 1055 Bu ness Div c un ~ * "= J' I II I~~ II II f ll ~ I~ I IYI II I II 11 1111 1 Pages: umher o 33 ~,' I I Filed anll`P9sted On: 5/19/2016 County Government Center 1 .), ' t. r Through: 6/08/2016 70 West Hedding Street, E. Wingil" Floor A c~ ~ :~L uasza>r CROOtder Nbmher: San Jose, California 95110 (408}299-5688 . Fee Tolal: 0.00 CEQA DOCUMENT DECLARATPON ENVIRONMENTAL FILING FEE RECEIPT PLEASE COMPLETE THE FOLLOWING: , REGINA ALCOMEPJDRAS, County Clerk-Recor, er by Mike Louie, Clerk-Recorder Office Spe, 1. LEAD AGENCY: CilyOf Campbell 2. PROJECT TITLE: Negative Declaration- 1223 Walnut Drive, Campbell CA 3. APPLICANT NAME: Majid Sanelnead PHONE: (408) 836-1841 a. APPLICANT ADDRESS: 1223 Walnut Drive, Campbell CA 95006 5. PROJECT APPLICANT IS A; ^ Local Public Agency ^ School Distdct ^ Omer Special District ^ Sfate Agency O Private Entity 6. NOTICE TO BE POSTED FOR 20 DAYS. 7. CLASSIFICATION OF ENVIRONMENTAL DOCUMENT a. PROJECTS THAT ARE SUB.IECT TO DFG FEES ^ 1. ENVIRONMENTAL IMPACT REPORT (PUBLIC RESOURCES CODE §21752) $ 3,070.00 ^ 2. NEGATNE DECLARATION (PUBLIC RESOURCES CODE §21090(C) S 2,210.25 ^ 3. APPLICATION FEE WATER DIVERSION (sieiE w~Tex neswrsrs wrmxa ewrm or+tn $ 950.00 ^ 4. PROJECTS SUBJECT TO CERTIFIED REGULATORY PROGRAMS $ 1,043.75 ^ 5. COUNTY ADMINISTRATIVE FEE (REQUIRED FOR a-t THROUGH a-0ABOVE) 5 50.00 Fish 8 Game Code §711.4(e) b. PROJECTS THAT ARE EXEMPT FROM DFG FEES ^ 1. NOTICE OF EXEMPTION ($50.00 COUNTY ADMINISTRATNE FEE REQUIRED) $ 50.00 ^ 2, A COMPLETED "CEOA FILING FEE NO EFFECT DETERMINATION FORM" FROM THE DEPARTMENT OF FISH 8 GAME, DOCIIMEMING THE OFG'S DETERMINATION THAT THE PROJECT YJILL HAVE NO EFFECT ON FISH, WILDLIFE AND HABITAT, OR AN OFFICIAL, GATED RECEIPT! PROOF OF PAYMENT SHOWING PREVIOUS PAYMENT OF THE DFG FILING FEE FOR THE `SAME PROJECT IS ATTACHED ($50.00 COUNTY ADMINISTRATIVE FEE REQUIRED) DOCUMENT TYPE: ^ ENVIRONMENfALINPACT REPORT ^ NEWTIVE DECLARATION $ 50.00 c. NOTICES THAT ARE NOTSUBJECT TO DFG FEES OR COUNTY ADMINISTRATIVE FEES ^ NOTICE OF PREPARATION ©NOTICE OF BVTENT NO FEE e. oTHER: $ 0.00 S 0.00 5 0.00 $ 0.00 $ 0.00 g 0.00 $ 0.00 5 NO FEE FEE (IF APPLICABLE): $ 9. TOTAL RECEIVED ........................................................................................................................................................ $ 0.00 `NOTE: °SAME PROJECT' MEANS NO CHANGES. IF THE DOCUMENT SUBMITTED IS NOT THE SArAE (OTHER THAN DATES), A-NO EFFECT DETERMINATION' LETTER FROM THE DEPARTMENT OF FISH AND GAME FOR THE SUBSEQUENT FILING OR THE APPROPRIATE FEES ARE REQUIRED. THIS FORM MUST BE COMPLETED AND ATTACHED TO THE FROM OF ALL CEQA DOCUMENTS LISTED ABOVE (INCLUDING COPIES) SUBMITTED FOR FILING. WE WILL NEED AN ORIGINAL (WET SIGNATURE) AND THREE COPIES. (YOUR ORIGINAL WICL BE RETURNED TO YOU AT THE TIME OF FILING.) CHECKS FOR ALL FEES SHOULD BE MADE PAYABLE TO: SANTA CLARA COUNTY CLERK-RECORDER PLEASE NOTE: FEES ARE ANNUALLY ADJUSTED (Fish 8 Game Coda §711.4(b); PLEASE CHECK WRH THIS OFFICE AND THE DEPARTMENT OFFISH AND GAME FOR THE LATEST FEE INFORMATION. '... NO PROJECT SHALL BE OPERATIVE, VESTED, OR FINAL, NOR SHALL COCAC GOVERNMENT PERMITS FOR THE PROJECT BE VALID, UNTIL THE FILING FEES REQUIRED PURSUAM TO THIS SECTION ARE PA/D.° FishBGame Cotle .ff711.4(c)(3) (Petra E1IetlAg 01-01-2019) QF ~ ~A,hA ~~ e~, u ~ 0 0 s - a c` ~RCHPao NOTICE OF INTENT INTENT TO ADOPT A NEGATIVE DECLARATION CITY OF CAMPBELL, CALIFORNIA Notice is hereby given of the intent of the Campbell Planning Commission to adopt a Negative Declaration pursuant to Public Resources Code Section 21092(b)(I) for an application (PLN2016-019) for a Planned Development Permit for site configuration, architectural design and to create lots which do not have frontage on a public street, Tentative Parcel Map to create three single family lots and one commonly owned lot, Zoning Map Amendment to change the zoning from R-M (Multiple-Family Residential) to P-D (Planned Development), and Tree Removal Permit to allow removal of one protected tree, pursuant to Public Resources Code Section 21092(b)(1), for property located at 1223 Walnut Drive, Campbell, CA. The project site consists of a single parcel located on Walnut Drive between Wendell Drive and Hacienda Avenue. The 10,011 square foot (net area) lot is currently developed with one single-family residence [hat will be demolished as part of the project. Abutting land uses include asingle-family residence to the south, single-family townhomes to the north and east, and a senior living facility to the west. The current Zoning is R-M (Mul[iple- Family Residential) and the General Plan Land Use Designation is Low-Medium Densii)~ Residential (6-13 units/gr. acre). The Initial Study prepared by the City was undertaken for the purpose of determining whether the project may have a significant effect on the environment. On the basis of the Initial Study, Community Development Department staff has determined that the project will not have a significant effect on the environment and has therefore prepared a draft Negative Declaration for consideration by [he Campbell Planning Commission. All interested parties are invited and encouraged to submit comments in writing regarding the draft Negative Declaration and/or attend the below described public hearings. The public review period for the draft Negative Declaration begins on May 25, 2016 and ends on June 14, 2016. Any comments must be submitted in writing, including email, to the Community Development Department by 5:00 p.m. on June 14, 2016. The Initial Study and draft Negative Declaration are available for review from 8:00 a.m, to 5:00 p.m. at the Community Development Department, City Hall, 70 North First Street, Campbell, CA or online at http:!/www.cityofcampbell.com/501/Public- Notices under' Environmental Notices'. The Campbell Planning Commission will consider the project and draft Negative Declaration at a public hearing to be held on June 14, 2016. The meeting will be held at 7:30 p.m., or shortly thereafter, in the City Hall City Council Chambers, 70 North First Street, Campbell, CA. Please be advised that if you challenge the decision on the Negative Declaration and/or project in court, you may be limited to raising only those issues you or someone else raised at the public hearings described in this notice, or in written correspondence delivered to the City of Campbell prior to [he public hearings. Questions and written comments may be addressed to: Cindy McCormick, Senior Planner: cindym(a~cityofcampbelLcom (408) 871-5103 PLANNING COMMISSION CITY OF CAMPBELL PAUL KERMOYAN SECRETARY