PC Res 4372RESOLUTION NO. 4372
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL RECOMMENDING THAT THE CITY
COUNCIL ADOPT A SECOND ADDENDUM (PLN2016-236) TO A
PREVIOUSLY ADOPTED MITIGATED NEGATIVE DECLARATION
(PLN2013-340) FOR EXPANSION OF THE DILLON AVENUE
TOWNHOMES AND APARTMENTS PROJECT (AKA
"MADISON"), , ON PROPERTY GENERALLY LOCATED AT 500
SAM CAVA. AVENUE AND ALONG LOTTIE LANE (FORMALLY
280 DILLON AVENUE, ET. AL.).
After notification and public hearing, as specified by law and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
The City Council finds as follows in adopting a Second Addendum to the previously
adopted Mitigated Negative Declaration:
To expedite CEQA (California Environmental Quality Act) review, the State of California
adopted SB 226 (2011), allowing a "streamlined" review for qualifying infill projects, as
codified in Public Resources Code Section 21094.5. An infill project may qualify for
streamlined review where aproject-level Environmental Impact Report (EIR) has been
certified (such as for the General Plan or a specific plan) and the project satisfies
applicable "performance measures" (such as proximity to a light-rail station).
2. A qualified infill project may be reviewed under CEQA by preparation of an Infill
Environmental Checklist Form (CEQA Guidelines Sec. 15183.3), which incorporates a
multidisciplinary environmental review that evaluates various- potential environmental
impacts, including traffic, air and water pollution, greenhouse gas emissions, noise, and
various community impacts. .An Environmental Checklist Form may rely on the
environmental analysis of the project-level Environmental Impact Report (EIR),
including previously adopted mitigation measures, and reference "uniform development
policies," such as noise or lighting standards that would substantially mitigate potential
impacts.
3. Based on the findings of the Infill Environmental Checklist Form, the lead agency may
file a Notice of Exemption, a Negative Declaration, Mitigated Negative Declaration, or
an Infill Environmental Impact Report (EIR).
4. The project qualifies as a residential infill project pursuant to CEQA Guidelines Sec.
1.5183.3 in that it is located in an urban area on a site that either has been previously
developed or that adjoins existing qualified urban uses on at least seventy-five percent
of the site's perimeter.
5. An Infill Environmental Checklist Form was prepared for the project, which resulted in
the preparation of a Mitigated Negative Declaration.
6. The City Council adopted the Mitigated Negative Declaration on October 21, 2014, by
Resolution No. 11735, as part of the overall project approval.
Planning Commission Resolution No. 4372 Page 2
Recommending Adoption of a Second Addendum to a MND
File No.: PLN2016-236
7. CEQA Guidelines §15164(b) state that an addendum to an adopted negative
declaration may be prepared if only minor technical changes or additions are necessary
or none of the conditions described in §15162 calling for the preparation of a
subsequent Environmental Impact Report or negative declaration have occurred.
8. Subsequent to the original project approval, the applicant submitted a proposal for a
revised project that would incorporate three additional properties, allowing the addition
of nine townhomes and nine apartment units, increasing the total unit count from 100 to
118 units (90 townhomes and 28 apartment units), modify the site configuration, reduce
the amount of required on-site guest parking, and allow removal an additional protected
tree.
9. A First Addendum (for the first revised project) to the adopted Mitigated Negative
Declaration, as supported by a supplemental analysis reviewing the potential
environmental impacts of the revised project, was adopted by the City Council on
November 17, 2015, by Resolution No. 11920.
10. Subsequent to the revised project approval, the applicant submittal a proposal to again
revise the project to incorporate an additional six-unit townhome building; creation of
new common lots, six private lots, reconfiguration of existing common area lots; and
vacation of excess City right-of-way.
11. A Second Addendum (for the second revised project) to the adopted Mitigated
Negative Declaration was prepared, as supported by a supplemental analysis
reviewing the potential environmental impacts of the second revised project.
12. The Second Addendum was not circulated for public review but was attached to the
adopted mitigated negative declaration.
13. The decision-making body considered the Second Addendum with the adopted
Mitigated Negative Declaration and First Addendum prior to making a decision on the
revised project.
14. The mitigation measures previously identified in the Mitigated Negative Declaration are.
included as Conditions of Approval in the revised entitlement approvals.
Based upon the foregoing findings of fact, the Planning Commission 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 Second Addendum to the Mitigated Negative Declaration reflects the independent
judgment and analysis of the City Council upon recommendation of the Planning
Commission.
Planning Commission Resolution No. 4372 Page 3
Recommending Adoption of a Second Addendum to a MND
File No.: PLN2016-236
3. Based on the proposed revised project description, the environmental review prepared
for the Infill Environmental Checklist/Mitigated Negative Declaration, and a
supplemental analysis, the City has concluded that the proposed revised project would
not result in any new significant impacts not previously disclosed in the adopted Infill
Environmental Checklist/Mitigated Negative Declaration nor would it result in a
substantial increase in the magnitude of any significant environmental impact
previously identified in the Infill Environmental Checklist/Mitigated Negative
Declaration. For these reasons, a Second Addendum to the adopted Infill
Environmental Checklist/Mitigated Negative Declaration for the revised Dillon Avenue
Townhomes and Apartments Project (aka "Madison") has been prepared and a
supplemental or subsequent Environmental Impact Report or Infill Environmental
Checklist/Mitigated Negative Declaration is not required for the proposed revised
project.
4. The Custodian of the Record for the Second Addendum, First Addendum, Mitigated
Negative Declaration, and Infill Environmental Checklist Form is the Community
Development Department of the City of Campbell, located at 70 North First Street,
Campbell, California.
THEREFORE, BE IT RESOLVED that the Planning Commission recommends that the City
Council adopt a Second Addendum (PLN2016-236) to a previously adopted Mitigated
Negative Declaration (PLN2013-340) (attached Exhibit A).
PASSED AND ADOPTED this 28th day of March, 2017, by the following roll call vote:
AYES: Commissioners: Kendall, Rich, Hernandez, Reynolds and Young
NOES: Commissioners:
ABSENT: Commissioners: Dodd
ABSTAIN: Commissioners: Rivlin
APPROVED:
ATTEST:
Yvonne Kendall, Chair
Paul Kermoyan, Secretary