CC Resolution 12067RESOLUTION NO. 12067
BEING A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CAMPBELL ADOPTING 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 City Council 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 City Council finds as follows with regard to the Mitigated Negative Declaration:
1. 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.
• 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
City Council Resolution Page 2
Adoption of a Mitigated Negative Declaration
The Pruneyard Shopping Center and Offices Expansion Project
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.
9. The potentially significant impacts may be mitigated to a less than significant level
with incorporation of measures that been agreed to by the project proponent. These
City Council Resolution Page 3
Adoption of a Mitigated Negative Declaration
The Pruneyard Shopping Center and Offices Expansion Project
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 City Council. 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 City Council'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.
City Council Resolution Page 4
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 City Council 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 City Council.
THEREFORE, BE IT RESOLVED that the City Council adopts the Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program (Exhibit A) prepared for
Pruneyard Shopping Center and Offices Expansion Project.
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
I
ATTEST: ~
Wend ood, City Clerk
Exhibit A
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CITY or CAMPI3ELL
Community Development Department
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 significance.
Project Title: Pruneyard Shopping Center and Offices -Expansion Project
Project Address: 1875, 1887, 1901, 1919, 1995, & 1999 S. Bascom Avenue
(APN: 288-04-011,0 12,014,017,025,026)
Entitlement(s): 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.
Master Use Permit (PLN2015-358): To allow the construction of new
buildings and site improvements, alterations to existing buildings, establishment
of a new land use program including specifying permitted and conditional uses,
implementation of a transportation demand management program (TDM), and
continued allowance of a shared parking program.
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 signage area, sign height, and number of signs.
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.
Zoning District: C-2 (General Commercial) ~ C-2-O (General Commercial Overlay)
General Plan: General Commercial
Project Sponsor: Ellis Partners LLC c/o Dean Rubinson
111 Sutter Street #800
San Francisco, CA 94104
70 North First Strect • Campbell, CA 95008-1423 • rep (408) 866-2140 • rnx (4080 866-5140 • e-htnit, planning n cityofcampbell.com
Mitigated Negative Declaration ~ Pruneyard Shopping Center and Office Expansion Project
Paee 2 of 6
Property Owners: CFEP Pruneyard, LLC
111 Sutter St., #800
San Francisco, CA 94104
Lead Agency: City of Campbell, Community Development Department
70 N. First Street, Campbell, CA 95008
Contact Person: Daniel Fama, Acting Senior Planner
(408) 866-2193 ~ danielfa,cityofcampbell.com
Other public agencies whose approval is required: None
Surrounding Land Uses:
North: Multi-Family Residential (apartments) Sottth: East Campbell Ave. (commercial and
San Jose Water Company Ridgeley Station residential beyond)
East: South Bascom Avenue (commercial beyond) West: CA State Highway ] 7
Project Location: The Pruneyard Shopping Center and Offices (herein "project site") is 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 to the
north. Campisi Way, which provides access to Hamilton Avenue and Highway 17 via Creekside Way,
terminates at the northerly property line. The site is within the C-2 (General Commercial) and the C-
2/O (General Commercial/Overlay) Zoning Districts, and has a corresponding Genera! Comtttercial
land use designation as shown on the General Plan Land Use Diagram.
Project Description: The Pruneyard Shopping Center and Office Expansion Project (herein "proposed
project") would allow construction of several new retail buildings, afive-story office building, and
expansion of the existing parking garage as noted below. The project includes an "Option A" and
"Option B," also refereed to as the "retai] alternative" and "fitness altemative," respectively. The retail
alternative would allow the project to construct atwo-level 12,000 square-foot retail/office building
and athree-level garage expansion. The fitness altemative would allow the project to construct atwo-
level 30,000 square-foot fitness facility and afive-level garage expansion. Additionally, the proposed
project would also include renovation and alteration of existing retail buildings, creation/expansion of
public plaza areas, improved pedestrian bicycle connections, and a modified vehicular circulation, as
well as removal of numerous "protected" and non-protected trees.
New Retail Buildings:
o Rl - 6,000 sq. ft. single-story free-standing retail
o R2 - 5,800 sq. ft. single-story free-standing retail
o RS - 5,000 sq. ft. single-story free-standing restaurant
o R3 - (a) 12,000 sq. ft. two-story retail/office building OR
(b) 30,000 sq. ft. two-story fitness facility
o R4 - 1,800 sq. ft. single-story free-standing retail
• Office Building (Ol) - 100,000 sq. ft., five-stories, & two levels of underground parking
• Garage Expansion: (a) three-levels OR (b) five-levels
Mitigated Negative Declaration ~ Pruneyard Shopping Center and Office Expansion Project
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The proposed project also includes a "Master Use Permit" that will allow establishment of a new land use
program for the project site, including instituting a tailored list of permissible land uses, new
administrative procedures, land use maximums, and implementation of a transportation demand
management program (TDM) and a shared parking program. A Master Sign Plan will provide
allowance for new on-site signage, including afreeway-oriented sign, rooftops signs, wall signs,
directional signs, and afree-standing signs. A Tentative Parcel Map will allow the division of the project
site into three parcels (office, retail, and hotel). Lastly, the proposed project also includes a Zoning Map
Amendment to extend the 'O' Zoning Overlay across the entirety of The Pruneyard as a well as a Zoning
Text Amendment to modify various provisions of the Campbell Zoning Code to allowing consideration
of the Master Use Permit and the Master Sign Plan.
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 AES-1: Prior to submittal of a building permit for the parking garage
expansion, the applicant shall submit a photometric analysis prepared by a qualified
professional that analyzes stationary and mobile (vehicular) light sources from within the
expanded garage onto the adjacent residential property. The analysis shall provide design
recommendations as necessary to ensure that new light emissions comply with the City's
Lighting Design Standards (CMC Sec. 21.18.090). The construction drawings for the parking
garage shall incorporate the design recommendations of the photometric analysis.
Mitigations Measure AQ-1: BAAQMD Basrc Dzrsl Conh•ol Measures. The construction
contractor shall reduce construction-related air pollutant emissions by implementing
BAAQMD's basic fugitive dust control measures, including:
• All exposed surfaces (e.g., unpaved parking areas, staging areas, soil piles, graded areas,
and unpaved access roads) shall be watered two times per day.
• All haul trucks transporting soil, sand, or other loose material off site shall be covered.
• All visible mud or dirt track-out onto adjacent public roads shall be removed using wet
power vacuum street sweepers at least once per day. The use of dry power sweeping is
prohibited.
• All vehicle speeds on unpaved roads shall be limited to 15 miles per hour.
• All roadways, driveways, and sidewalks to be paved shall be completed as soon as
possible. Building pads shall be laid as soon as possible after grading unless seeding or
soil binders are used.
• A publically visible sign shall be posted with the telephone number and person to contact
at the Lead Agency regarding dust complaints. This person shall respond and take
corrective action with 48 hours. The Air District's phone number shall also be visible to
ensure compliance with applicable regulations.
Mitigated Negative Declaration ~ Pruneyard Shopping Center and Office Expansion Project
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Mitigalioi: Measure AQ-2: BAAQMD Basic Exhaust Emissions Reduction Measzres. The
construction contractor shall implement the following measures during construction to reduce
construction-related exhaust emissions:
• Idling times shall be minimized either by shutting equipment off when not in use or
reducing the maximum idling time to five minutes (as required by the California airborne
toxics control measure Title 13, Section 2485 of California Code of Regulations). Clear
signage shall be provided for construction workers at all access points.
• All construction equipment shall be maintained and properly tuned in accordance with
manufacturer's specifications. All equipment shall be checked by a certified mechanic
and determined to be running in proper condition prior to operation.
Mitigation Measure AQ-3: Implement BAAQMD Enhanced Exhaust Emissions Redzction
Measures. The construction contractor shall implement the following measures during
construction to further reduce construction-related exhaust emissions:
• A]l off-road equipment greater than 25 horsepower (hp) and operating for more than 20
total hours over the entire duration of construction activities shall meet the following
requirements:
o Where access to altemative sources of power are available, portable diesel
engines shall be prohibited; and
o All off-road equipment shall have:
• Engines that meet or exceed either USEPA or CARB Tier 2 off-road
emission standards, and
• Engines that are retrofitted with a CARB Level 3 Verified Diesel
Emissions Control Strategy (VDECS). Acceptable options for reducing
emissions include the use of late model engines, low-emission diesel
products, alternative fuels, engine retrofit technology, after-treatment
products, add-on devices such as particulate filters, and/or other options
as such are available.
Mitigation Measure BIO-I: If tree removal or ground disturbance activities are scheduled to
commence during the breeding season (February I st through August 31 st), apre-construction
nesting bird survey shall be conducted by a qualified biologist to identify possible nesting
activity of protected or special-status birds within 15 days prior to such activities. If nesting
activity is identified during the survey, aconstruction-free buffer of suitable dimensions must
be established around any active raptor and migratory bird nest (up to 250 feet, depending on
the location and species) for the duration of the project, or until it has been determined that
the chicks have fledged and are foraging independently from their parents.
Mitigation Measure BIO-2: All trees to be removed shall be replaced as noted by the
following table. The required replacement trees, of species to be approved by the Community
Development Director, shall be specifically indicated on the final landscaping plan submitted
in association with site improvement drawings:
Mitigated Negative Declaration ~ Pruneyard Shopping Center and Office Expansion Project
Page 5 of 6
Trunk Size of Removed Tree
measured af4 feet above rade Replacement Ratio Required
er tree removed
Diameter (in inches) Number of
re lacementtrees Minimum Size
Less than 12 1 5-gallon
12 to 24 I 24 inch box
greater than 24 l 36 inch box
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.
Mitigatioi: Measure CUL-2: In the event a human burial or skeletal element is identified
during excavation or construction, work in that location shall stop immediately until the find
can be properly treated. The City and the Santa Clara County Coroner's office shall be
notified. If deemed prehistoric, the Coroner's office would notify the Native American
Heritage Commission who would identify a "Most Likely Descendant (MLD)." The
archeological consultant and MLD, in conjunction with the project sponsor, shall formulate
an appropriate treatment plan for the find, which might include, but not be limited to,
respectful scientific recording and removal, being left in place, removal and reburial on site,
or elsewhere. Associated grave goods are to be treated in the same manner.
Mitigation Measure GEO-I: Applications for a building permit shall include a geotechnical
report prepared by a licensed engineer specializing in soils mechanics containing foundation
and retaining wall design recommendations, to the satisfaction of the Building Official.
Mitigatiar Measure IIWQ-1: The construction contractor shall implement the best
management practices of the Santa Clara Valley Nonpoint Source Pollution Control Program,
"Blueprint for a Clean Bay".
Mitigation Measure NOISE-1: Prior to submittal of a building permit for the garage
expansion, the applicant shall have an environmental noise assessment study prepared to
analyze how potential sound generation from the expanded garage may affect the adjoining
residential property. If the study indicates that the new sound generated by the garage
expansion will increase noise exposure to the apartment building beyond both existing levels
and the Campbell Residential (Stationary) Noise Standard (CMC Sec. 21.16.070.E.1), the
study shall also provide recommended design and/or operational measures as necessary to
reduce the noise exposure to current levels or the Campbell Residential (Stationary) Noise
Standard, whichever is greater. These measures shall then be incorporated into the final
design and operation of the garage expansion.
Miligation Measure NOISE-2: All construction activity shall adhere to the following
standards:
Mitigated Negative Declaration ~ Pruneyard Shopping Center and Office Expansion Project
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• Construction activity shall occur during the prescribed hours and subject to the standards
set forth by Campbell Municipal Code Sec. 18.04.052 (Hours of Construction -Time and
Noise Limitations).
• All construction equipment with internal combustion engines used on the project site shall
be properly muffled and maintained in good working condition.
• Unnecessary idling of internal combustion engines shall be strictly prohibited.
• All stationary noise-generating construction equipment, such as air compressors and
portable power generators, shall be located as far as possible from noise-sensitive
receptors such as existing residences and businesses.
• Prior to the issuance of building permits, the project site shall be posted with the name
and contact number of the lead contractor in a location visible from the public street so
that the contractor can be made aware of noise complaints.
Mitigation Measure NOISE-3: Construction equipment, vehicles, and workers associated
with the development of the project shall not be permitted to park on any residential street.
Prior to issuance of a building permit, the applicant shall prepare a construction staging plan
indicating the placement of materials and vehicles on the project site.
PUBLIC REVIEW PERIOD
Any person may provide comment or file a written protest of the draft Mitigated Negative Declaration
before 5:00 p.m. on September 12, 2016. Such comment or protest must be filed in writing at the
Community Development Department, City Hall, 70 North First Street, Campbell, California or by
email at danielf(cdcitvofcamobell.com. Written protest should make a "fair argument" that the project
will have one or more significant effects on the environment based on substantial evidence.
-,
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Signature
Daniel Fama, Acting Senior Planner
Name /Title
8/5/ 16
Date
City of Campbell
Agency
Encl: Mitigation Monitoring and Reporting Program