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CC Resolution 12137RESOLUTION NO. 12137 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION'S ADOPTION OF A MITIGATED NEGATIVE DECLARATION (PLN2016-309) FOR A SITE AND ARCHITECTURAL REVIEW PERMIT (PLN2016-187) TO ALLOW THE CONSTRUCTION OF AN APPROXIMATELY 10,819 SQUARE- FOOT TWO AND THREE-STORY EXPANSION OF AN EXISTING COMMERCIAL BUILDING, IN PLACE OF THE EXISTING PRIVATE PARKING LOT BEHIND OPA'S/MO'S, AND EXTENDING OVER A PORTION OF WILLARD HICKS, AND TO ALLOW THE REMOVAL OF ONE DRIVEWAY AND TREE ON PUBLIC PROPERTY, THE EXPANSION OF A TRASH ENCLOSURE AND RESTRIPING OF PARKING STALLS ON THE ADJACENT CITY PARKING LOT, AND PARKING MODIFICATION PERMIT (PLN2017-009) TO ALLOW A REDUCTION IN THE NUMBER OF REQUIRED PARKING SPACES ON PROPERTY LOCATED AT 276-280 E. CAMPBELL AVENUE & A PORTION OF A CITY PARKING LOT (46 S. FIRST STREET). FILE NO.: PLN2016-309 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 Site and Architectural Review Permit (PLN2016- 187) to allow the construction of an approximately 10,819 square foot two and three-story expansion of an existing commercial building, in place of the existing private parking lot behind Opa's/Mo's and extending over a portion of Willard Hicks, and to allow the removal of one driveway and tree on public property, the expansion of a trash enclosure, and restriping of parking stalls on the adjacent city parking lot, and Parking Modification Permit (PLN2017-009) to allow a reduction in the number of required parking spaces on property located at 276-280 E. Campbell Avenue & a portion of a city parking lot (46 S. First Street). The City Council finds as follows with regard to recommended adoption of a Mitigated Negative Declaration (PLN2016-309): 1. The project site is zoned C-3 (Central Business District) and designated Central Commercial by the General Plan Land Use Map. 2. The project site is located at the southeast corner of E. Campbell Avenue and S. First Street, and consists of a single rectangular shaped parcel 15,924 square feet in area, as well as a small portion of the City parking lot located at 46 S. First Street. 3. The proposed project ("project") would allow the construction of an approximately 10,819 square-foot two and three-story expansion of an existing commercial building, the removal of one driveway and tree on public property, the expansion of a trash enclosure and restriping of parking stalls on the adjacent City parking lot. City Council Resolution No. Denying an Appeal and Adopting a Mitigated Negative Declaration (PLN2016-309) Page 2 of 3 4. The total building area after the expansion/addition would be approximately 21,190 square feet (10,371 sq. ft. existing + 10,819 sq. ft. addition). 5. The applicant's proposal would result in a Floor Area Ratio (FAR) of 1.33, where a maximum FAR of 1.5 is permitted when satisfying specific findings specified in in the C- 3 (Central Commercial) Zoning District. 6. The applicant's proposal would result in a 45-foot tall building, where a maximum height of 45-feet is allowed. 7. The project site is generally bordered by a one-story building to the east, a public parking lot to the south, atwo-story building at the far northwest corner (Starbucks), and aone-story book store (Recycle Bookstore) to the north. 8. The project may be approved subject to the adoption of a Mitigated Negative Declaration (PLN2016-309). 9. The project may be approved contingent on, and subject to, City Council approval on a request for a Parking Modification Permit (PLN2017-009) to allow a reduction in the number of required parking spaces. 10. Based on the findings of the Initial Study, the lead agency may file a Mitigated Negative Declaration. 11. A 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. 12. There are no responsible agencies or trustee agencies responsible for resources affected by the project. 13. 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. 14. 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 February 8, 2017 to February 28, 2017. 15. The mitigation measures identified in the Mitigated Negative Declaration are included as Conditions of Approval of the Site and Architectural Review Permit. 16. On February 28, 2017 the Planning Commission approved the project and adopted a Mitigated Negative Declaration. 17. On March 10, 2017 an appeal of the Planning Commission decision was filed by Susan Blake. City Council Resolution No. Denying an Appeal and Adopting a Mitigated Negative Declaration (PLN2016-309) Page 3 of 3 Based upon the foregoing findings of fact, the City Council further finds and concludes that: 1. 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. 2. The Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. 3. The Custodian of the Record for the Mitigated Negative Declaration is the Community Development Department of the City of Campbell, located at 70 North First Street, Campbell, California. THEREFORE, BE IT RESOLVED that the City Council adopts a Resolution, denying the appeal and upholding the Planning Commission's adoption of a Mitigated Negative Declaration (PLN2016-309) (attached Exhibit "A") for a Site and Architectural Review Permit (PLN2016-187) to allow the construction of an approximately 10,819 square-foot two and three-story expansion of an existing commercial building, in place of the existing private parking lot behind Opa's/Mo's, and extending over a portion of Willard Hicks, and to allow the removal of one driveway and tree on public property, the expansion of a trash enclosure and restriping of parking stalls on the adjacent city parking lot, and Parking Modification Permit (PLN2017-009) to allow a reduction in the number of required parking spaces on property located at 276-280 E. Campbell Avenue 8~ a portion of a city parking lot (46 S. First Street). PASSED AND ADOPTED this 4th day of April, 2017, by the following roll call vote: AYES: COUNCILMEMBERS: Waterman, Cristina, Resnikoff NOES: COUNCILMEMBERS: Landry, Gibbons ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None APPROVED: 4o~s~ v 'sy~ th "Liz' Gibbons, Mayor ATTEST: ~ Wendy od, City Clerk Exhibit A ov DAMN -t . 4 y .~ h ~ 1,! ", tt C_W A its ~ 4 '~,~CIIA~V 4 CITY of CAMPBELL 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 physica] conditions within the area affected by the project including land, air, water, tninerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance. Project Title: Opa's Building Expansion File Number(s): Site and Architectural Review Permit (PLN2016-187) CEQA Review (PLN2016-309) Parking Modiftcation Permit (PLN2017-009) Project Location: 276 through 280 E. Campbell Avenue & portion of a City parking lot (46 S. First Street) Name and Address of Project Proponent: Jeffery Eaton, Eaton Hall Architecture 1501 The Alameda, #105 San Jose, CA 95126 Lead Agency Name and Address: City of Campbell Community Development Department 70 N. First Street Campbell, CA 95008 Contact Person(s): Stephen Rose, Associate Planner (408)866-2142 stephenr,~cityofcampbelLcom Zoning Designation: C-3 (Central Business District) General Plan Designation: Central Commercial Other public agencies whose approval is required: None 70 North Fiist Stree[ • Campbell, CA 95008-1423 • rEL (408) 866-2140 • Fax (408) 866-5140 • e-htaa planningecityofcampbell.com Mitigated Negative Declaration _ Opa's Expansion Page 2 of 4 Surrounding Land Use ~ Zoning District (Overlay) ~ General Plan Designation: North: Commercial ~ C-3 (Central Commercial) ~ Central Commercial South: ~ Public Parking Lot ~ C-3 (Central Commercial) ~ Central Commercial East: Commercial ~ C-3 (Central Commercial) ~ Central Commercial West: Commercial ~ C-3 (Central Commercial) ~ Central Commercial Project Location: The project site is located at the southeast corner of E. Campbell Avenue and S. First Street, and consists of a single rectangular shaped parcel 15,924 square feet in area, as well as a small portion of the City parking lot located at 46 S. First Street. The General Plan land use designation of both properties is General Commercial and the zoning designation is C-3 (Central Business District). Surrounding properties are developed with none-story building to the east, a public parking lot to the south, atwo-story building at the far northwest comer (Starbucks), and aone- story book store (Recycle Bookstore) to the north. Project Description: The applicant, Jeffery Eaton, is requesting approval of a Site and Architectural Review Permit (PLN2016-187) to allow for the construction of a 10,819 square-foot addition in place of the existing parking lot behind 276-278 E. Campbell Avenue (Opa's/Mo's) and extending over a portion of 280 E. Campbell Avenue (Willard Hicks) within the City's downtown. The building in the rear parking lot will be three-stories tall, and includes arestaurant/retail tenant space on the ground level with two-stories of office space above. The second-floor of the office space will extend over Willard Hicks, effectively adding asecond-story and an outdoor patio area above the existing restaurant. The applicant's proposal also includes the removal of one driveway and tree on public property, the expansion of an existing trash enclosure and restriping of parking stalls on the adjoining City parking lot, and a request for a Sign Exception (PLN2017-O1 l) to allow for the installation of a decorative painted sign/mural. As the project is located in the downtown, it will also require City Council authorization of a Parking Exception (PLN2017-009) to adjust the off-street parking requirements of the project, and allow for the removal of the existing parking lot. Background: On June 26, 2012 the Planning Commission approved minor modifications to a previously approved Site and Architectural Review Permit (PLN2010-271), allowing for the completion of the existing 10,300 square foot building and construction of amulti-tenant trash enclosure over a portion of the City parking lot at 46 S. First Street. The tenants which now occupy the building, Opa's, Mo's, and Willard Hicks, have been met with great success in the community and, as a result, have exceeded the planned storage capacity of the building and associated trash enclosure. Today, the rear parking lot primarily functions as an `employee' parking lot' and loading/unloading zone for deliveries. The parking lot is also used for the storage of supplies awaiting pickup and an informal break area for staff (crates used for seating). The trash enclosure has also been an area of concern, having frequently been overloaded. The project seeks to resolve these issues, by expanding the existing building and enlarging the trash enclosure. Finding: The Community Development Director ftnds 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 ~ While customers may still park in the parking lot; employee vehicles are often stacked on the property preventing safe access. Mitigated Negative Declaration _ Opa's Expansion Page 3 of 4 release of this 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 AQ-1: BAAQMD Required Dust Control Measures: The contractor shall reduce construction-related air pollutant emissions by implementing BAAQMD's basic fugitive dust control measures, including: • All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. • All haul [rucks 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 [o ensure compliance with applicable regulations. Mitigation Measure AQ-2: BAAQMD Required Basic Exhaust Emissions Reduction Measures. The contractor shall implement the following measures during excavation to reduce construction-related exhaust emissions: o Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time [0 5ve 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 workers at all awes points. • All off-road 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: BAAQMD Regulation 8, Rule 3 for Architectural Coatings. Emissions of VOC due to [he use of architectural coatings are regulated by the limits contained in Regulation 8: Organic Compounds, Rule 3: Architectural Coatings (Rule 8-3). Rule 8-3 was revised on January 1, 201 I [o include more stringent VOC limit requirements. The revised VOC architectural coating limits specify that the use paints and solvents with a VOC content of 100 grams per liter or less for interior and 150 grams per liter or less for exterior surfaces shall be required. Mitigation M1leasure AQ-4: Implement Enhanced Exhaust Emissions Reduction Measures. The construction contractor shall implement the following measures during construction to further reduce construction-related exhaust emissions: All 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: 1. Where access to alternative sources of power are available, portable diesel engines shall be prohibited; and 2. All off-road equipment shall have: - a. Engines that meet or exceed either USEPA or CARB Tier 2 off-road emission standards, and b. Engines that are retrofitted with a CARB Level 2 Verified Diesel Emissions Control Strategy (VDECS). Acceptable options for reducing emissions include [he 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 TT-1: Parking Impact Fee: The project shall pay [he City of Campbell a[ leas[ $6,000 per parking space the project is de5cien[. The number of `deficient' parking spaces shall be based on [he number of stalls the project is required to provide by the City of Campbell Municipal Code prior to approval of a Parking Modification Permit. These fees shall be used toward improving parking facilities in [he Campbell Downtown and may be used toward the preparation of a Parking Demand Study, Parking Management Plan; the installation of Mitigated Negative Declaration - Opa's Expansion Page 4 of 4 LED signs indicating number of available parking spaces in public parking garages (or green/red lights indicating the availability of parking spaces overhead stalls), the soft or hard costs of developing new public parking spaces, or the development of a plan to realign Orchard City Drive to accommodate more parking spaces in the Water Tower Plaza parking lot. As a minimum, any additional fees or requirements imposed by the City Council and agreed to by the project proponent as conditions of approval on the Parking Modification Permit, shall thereafter be considered as Mitigation Measures of the project. Signature Stephen Rose, Associate Planner Printed Name Date City of Campbell Agency Encl: Mitigation Monitoring and Reporting Program (MMRP) .~@ CA,yn ,f., [" A lY a .ws.. ~ t a <~ 'YC Ii A kD CITY or CAMPI3)JLL Conummiq~ Development Department MITIGATION MONITORING AND REPORTING PROGRAM 'a`ction Verification of Mitigation Measure Monitoring Enforcement Monitoring Indicating Compliance Phase Agency Agency Compliance Initials Date Remarks Air Quality -AIR Mitigation Measure AQ-1: BAAQMD Required Dust Confrol Site City of Public Periodic Measures: The contractor shall reduce construction-related air preparation Campbell Works Compliance pollutant emissions by implementing BAAQMD's basic fugitive and Department Report dust control measures, including: Construction and • All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be Building watered two times per day. Division • 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 [o 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 a licable regulations. Monitoring Enforcement Monitoring Action Verification of Mitigation Measure ph A Indicating Compliance ase gency Agency Compliance Initials Date Remarks Mitigation Measure AQ-2: BAAQMD Required Basic Exhaust Site Clty of Public Periodic Emissions Reduction Measw'es. The contractor shall implement the preparation Campbell Works Compliance following measures during excavation to reduce construction- and Department Report related exhaust emissions: • Idling times shall be minimized either by shutting Construction and equipment off when not in use or reducing the maximum Building idling time to five minutes (as required by the California Division airborne toxics control measure Title 13, Section 2485 of ' California Code of Regulations). Clear signage shall be provided for workers at all access points. • All off-road 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: BAAQMD Regulation 8, Rule 3 for plan Check and City of Planning Compliance Architectural Coatings. Emissions of VOC due to the use of Construction Campbell and Statement architectural coatings are regulated by [Ice limits contained in Building Regulation 8: Organic Compounds, Rule 3: Architectural Coatings (Rule 8-3). Rule 8-3 was revised on 7anuary 1, 2011 to include Division more stringent VOC limit requirements. The revised VOC architectural coating limits specify [hat [Ice use paints and solvents with a VOC content of 100 grams per liter or less for interior and 150 grams per liter or less for exterior surfaces shall be required. ' Mitigation Measure AQ-4: Implement Enhanced Exhaust Site City of Public Periodic Emissions Reduction Measures. The construction contractor shall preparation Campbell Works Compliance implentettt the following measures during construction to further and Department Report reduce construction-related exltaus[ emissions: All off-road equipment greater than 25 horsepower (hp) and Construction and operating for more than 20 total hours over the entire duration of Building construction activities shall meet the following requirements: Division 1. Where access to alternative sources of power are available, portable diesel engines shall be prohibited; and 2. All off-road equipment shall have: a. Engines [hat meet or exceed either USEPA or CARB Tier 2 off-road emission standards, and b. Engines that are retrofitted with a CARE Level 2 Verified Diesel Emissions Control Strategy (VDECS). Acceptable options for reducing entissiotts include the use of late model engines, Action Verification of Mitigation Measure Monitoring Enforcement Monitoring Indicating Compliance phase Agency Agency Compliance Initials Date Remarks 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. Transportation and Traffic - Ti Mitigation Measure TT-1: Parking Impact Fee: The project shall pay the Building Permit City of Planning Compliance City of Campbell at least $6,000 per parking space the project is deficient. Issuance and as Campbell Division Statement The number of `deficient' parking spaces shall be based on the number of Defined /Collection stalls the project is required to provide by the City of Campbell Municipal of Payment Code prior to approval of a Parking Modification Permit. These fees shall be used toward improving parking facilities in the Campbell Downtown and may be used toward the preparation of a Parking Detttand Study, Parking Management Plan, the installation of LED signs indicating number of available parking spaces in public parking garages (or greeu/red lights indicating the availability of parking spaces overhead stalls), the soft or hard costs of developing new public parking spaces, or the development of a plan to realigu Orchard City Drive to accommodate more parking spaces in the Water Tower Plaza parking lot. As a minimum, any additional fees or requirements imposed by the City Council and agreed to by the project proponent as conditions of approval on [he Parking Modification Permit, shall thereafter be considered as Mitigation Measures ofthe roject.