CC Resolution 12148RESOLUTION NO. 12148
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAMPBELL ADOPTING A SECOND ADDENDUM (PLN2016-
236) TO A PREVIOUSLY ADOPTED MITIGATED NEGATIVE
DECLARATION (PLN2013-340) FOR EXPANSION OF THE
DILLON AVENUE TOWNHOMES AND APARTMENTS PROJECT
(AItP, "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
i 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.
15183.3 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.
City Council Resolution Page 2
Adopting of 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 submitted 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 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 Second Addendum to the Mitigated Negative Declaration reflects the independent
judgment and analysis of the City Council upon recommendation of the Planning
Commission.
City Council Resolution Page 3
Adopting of 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 City Council adopts a Second Addendum
(PLN2016-236) to a previously adopted Mitigated Negative Declaration (PLN2013-340)
(attached Exhibit A).
PASSED AND ADOPTED this 18th day of April, 2017, by the following roll call vote:
AYES: COUNCILMEMBERS : Cristina, Landry, Waterman, Resnikoff
NOES: COUNCILMEMBERS : Gibbons
ABSENT: COUNCILMEMBERS : None
ABSTAIN: COUNCILMEMBERS : None
APPROVE ~=ti~~ 7
eth "Liz" Gibbons, Mayor
ATTEST ~ t~
Wend ood, City Clerk
EXHIBIT A
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CITY of CAMPBELL
Community Development Department
SECOND ADDENDUM TO A MITIGATED NEGATIVE
DECLARATION AND INFILL ENVIRONMENTAL CHECKLIST
Dillon Avenue Townhomes and Apartments (aka "Madison")
500 Sam Cava Ave. (BId.19)
Pursuant to Section 15164 of the CEQA Guidelines, the City of Campbell has prepared a
Second Addendum to an Infill Environmental ChecklisdMitigated Negative Declazation
because minor changes made to the project that aze described below do not raise important
new issues about the significant impacts on the environment.
PROJECT NAME, APPLICATION FILE NUMBERS, AND LOCATION
Project Title: Dillon Avenue Townhomes and Apartments (aka "Madison")
500 Sam Cava Ave. (Bld. 19)
File Number(s): PLN2016-233 (Planned Development Permit) I PLN2016-234
(Tentative Vesting Subdivision Map) I PLN2016-303 (Minor
Modification) I PLN2016-235 (Parking Modification Permit)
Project Address: 500 Sam Cava Ln. (Subject Pazcel) I Lottie Lane (Overall Project)
PROJECT DESCRIPTION
The residential infill project was initially approved by the Campbell City Council on October
21, 2014 for 100 units, including 81 townhomes and 19 apartments ("original project"). At
that meeting, the City Council adopted a Mitigated Negative Declaration (MND) based on
preparation of an Infill Environmental Checklist Form prepared in compliance with CEQA
Guidelines Sec. 15183.3. The project proponent subsequently secured additional property and
submitted applications to expand the project scope. On November 17, 2015, the Campbell
City Council approved the expanded project ("approved project") to now include 118 units,
consisting of 90 townhomes and 28 apartments units. At that meeting, the City Council
adopted an (first) Addendum to the previously adopted Mitigated Negative Declaration,
pursuant to CEQA Guidelines Sec. 15164, as based on a supplemental environmental analysis
of the expanded project.
The current expansion proposal ("revised project") would incorporate one additional parcel
("subject parcel") into the project, allowing construction of an additional townhome row with
six units, bringing the total unit count to 124 (96 townhomes and 28 apartment units). The
proposal would also modify the parking configuration along the private roadway azound the
existing site.
70 Nonh First Street • Campbell, CA 95008-1423 • TEL (408) 866-2140 • Fnx (408) 866-5140 • e-mna planning@cityofcampbell.com
Second Addendum to Mitigated Negative Declaration/Infill Environmental Checklist Pg. 2
The revised project. will require consideration of a Planned Development Permit (PLN2016-
233) for the proposed six-unit townhome building; a Tentative Vesting Subdivision Map
(PLN2016-234) for creation of six private lots, two common lots, reconfiguration of existing
common area lots, and vacation of excess City right-of-way; a Parking Modification Permit
(PLN2016-235) to allow consideration of private driveways as guest parking; and a Minor
Modification (PLN2016-303) to a previously approved and modified Planned Development
Permit (PLN2015-170/PLN2015-48/PLN2013-337) to allow reconfiguration of parking stalls
within a common lot of the 'Madison' townhome project.
The adopted Infill Environmental Checklist/Mitigated Negative Declaration evaluated the
environmental impacts that might reasonably be anticipated to result from the implementation
of the project. This Second Addendum was prepared to evaluate the environmental impacts
that may result from revised project as described above and confirm whether any new
significant impacts or a substantial increase in the severity of previously identified impacts
would result from the revised project. Specifically, the following impacts were reviewed and
found to be adequately considered by the Infill Environmental Checklist/Mitigated Negative
Declaration:
® Aesthetics
® Biological Resources
® Greenhouse Gas
Emissions
® Land Use/Planning
® Population/Housing
® Transportation/
Circulation
ANALYSIS
® Agricultural Resources ®Air Quality
® Cultural Resources ®Geology/Soils
® Hazards/Hazardous ®Hydrology/Water
Materials Quality
® Mineral/Bnergy Resources ®Noise
® Public Services ®Recreation
® Utilities/Service Systems
The California Environmental Quality Act (CEQA) recognizes that between the date an
environmental document is completed and the date the project is fully implemented, one or
more of the following changes may occur: 1) the project may change; 2) the environmental
setting in which the project. is located may change; 3) laws, regulations, or policies may
change in ways that impact the environment; and/or 4) previously unknown information can
arise. Before proceeding with a project, CEQA requires the Lead Agency to evaluate these
changes to determine whether or not they affect the conclusions in the environmental
document.
The purpose of this Second Addendum is to evaluate the environmental impacts of the revised
project, which would allow for the development of an additional six townhome units for a
total 124 units (96 townhomes and 28 apartment units), and associated site work, including
grading, landscaping, and private roadway improvements.
Second Addendum to Mitigated Negative Declaration/Infill Environmental Checklist Pg. 3
The CEQA Guidelines §15162 state that when a negative declaration has been adopted for a
project, no subsequent EIR or negative declaration shall be prepared for that project unless the
lead agency determines, on the basis of substantial evidence in light of the whole record, one
or more of the following:
1. Substantial changes are proposed in the project which will require major revisions of
the previous EIR or negative declaration due to the involvement of new significant
environmental effects or a substantial increase in the severity of previously identified
significant effects;
2. Substantial changes occur with respect to the circumstances under which the project is
undertaken, which will require major revisions of the previous EIR or 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 of substantial importance, which was not known and could not have
been known with the exercise of reasonable diligence at the time the previous EII2 was
certified as complete or [he negative declaration was adopted, shows any of the
following:
a. The project will have one or more significant effects not discussed in [he
previous EIR or negative declazation;
b. Significant effects previously examined will be substantially more severe than
shown in the previous EIR;
c. Mitigation measures or alternatives 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 alternatives which are considerably different from
those analyzed in the previous EIR or negative declazation would substantially
reduce one or more significant effects on the environment, but the project
proponents decline to adopt the mitigation measure or alternative.
CEQA Guidelines § 15164(b) state [hat 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.
Based on the proposed revised project description, the environmental review prepared for the
Infill Environmental ChecklisdMitiga[ed Negative Declaration, and the attached 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
ChecklisUMitigated Negative Declaration nor would it result in a substantial increase in the
magnitude of any significant environmental impact previously identified in the Infill
Environmental ChecklisdMitigated Negative Declaration.
Second Addendum to Mitigated Negative Declaration/Infill Environmental Checklist Pg. 4
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 Infil] Environmental Checklist/Mitigated Negative
Declaration is no[ required for the proposed revised project. This addendum will not be
circulated for public review, but will be attached to the final Infill Environmental
Checklist/Mitigated Negative Declaration for the Dillon Avenue Townhomes and Apartments
Project, pursuant to CEQA Guidelines §15164(c) and posted on the City's website. 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
(http://www.citvofcamobell.com/Archive.asux?AMID=49).
March 10, 2017
Daniel Fama, Senior Planner Date
Community Development Department