CC Resolution 12278RESOLUTION NO. 12278
BEING A RESOLUTION. OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL ADOPTING A MITIGATED NEGATIVE DECLARATION
(PLN2017-103) FOR A ZONING MAP AMENDMENT (PLN2017-100);
PLANNED DEVELOPMENT PERMIT (PLN2017-101), TENTATIVE
SUBDIVISION MAP (PLN2017-102); AND PARKING MODIFICATION
PERMIT (PLN2017-338); TO ALLOW THE DEVELOPMENT OF
FOUR TWO-STORY SINGLE-FAMILY RESIDENTIAL HOMES ON
PROPERTY LOCATED AT 1323 ELAM 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 (PLN2017-103) provides full
and adequate environmental review for approval of a Zoning Map Amendment (PLN2017-
100); Planned Development Permit (PLN2017-101); Tentative Subdivision Map (PLN2017-
102); and Parking Modification Permit (PLN2017-338) to allow the development of four two-
story single family homes on property located at 1323 Elam Avenue.
The City Council finds as follows with regard to the adoption of a Mitigated Negative
Declaration (PLN2017-103):
Environmental Finding
An Initial Study has been prepared for the project which provides documentation for
the factual basis for concluding that a Mitigated Negative Declaration 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
The proposed project ("project") includes a Planned Development Permit (PLN2017-
101) for the approval of site configuration and architectural design for four two-story
single-family homes, Tentative Subdivision Map (PLN2017-102) to create four single-
family lots and one commonly owned lot, Zoning Map Amendment (PLN2017-100) to
change the zoning from R-M (Multiple-Family Residential) to P-D (Planned
Development), Parking Modification Permit (PLN2017-338) to allow for two of the
required assigned/uncovered parking spaces, to be provided as uncovered guest
parking.
2. The project site consists of a single parcel (18,152 sq. ft. net / 20,027sq. ft. gross)
located on the north side of Elam Avenue between Inwood Drive and San Tomas
Aquino Road.
3. The 18,152 square foot lot is currently developed with one single-family residence that
will be demolished as part of the proposed subdivision.
4. Abutting land uses include single-family homes to the east and west, an apartment
community to the north, and single-family homes across Elam Avenue to the south.
City Council Resolution No. 12278 .
PLN2017-103 - 1323 Elam Avenue
Adopting a Mitigated Negative Declaration
Page 2 of 4
5. The proposed subdivision will require a 5-foot dedication along Elam Avenue, which will
reduce the net lot area of the property from 18,152 square-feet to 17,776.90 square
feet.
6. The project site is zoned R-M (Residential Multifamily) as shown on the Campbell
Zoning Map and will be rezoned to P-D (Planned Development).
7. The project site is designated Low-Medium Density Residential (6-13 Units / Gr. Acre)
as shown on the Campbell General Plan Map.
8. The proposed residential land use, at a density of 8.71 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.
9. The proposed Tentative Subdivision Map may be approved concurrently, and subject
to a Planned Development Permit, and Zoning Map Amendment.
10. The project would be consistent with the following General Plan policies and
strategies:
Policy LUT-3.1: Variety of Residential Densities: Provide land use categories for
and maintenance of a variety of residential densities to offer
existing and future residents of all income levels, age groups and
special needs sufficient opportunities and choices for locating in '
Campbell.
Policy LUT-5.2: Residential Neighborhoods: Maintain safe, attractive, pedestrian
friendly residential neighborhoods with identifiable centers and
consistent development patterns and a range of public and
private services.
Strategy LUT-5.2a: Neighborhood Compatibility: Promote new residential
development and substantial additions that are designed to
maintain and support the existing character and development
pattern of the surrounding neighborhood, especially in historic
neighborhoods and neighborhoods with consistent design
characteristics.
Strategy LUT-9.3e: Building Materials: Encourage the use of long-lasting, high
quality building materials on all buildings to ensure the long-term .
quality of the built environment.
Strategy LUT-17.1 b:Landscaping: Ensure that new developments provide new.:tree
plantings, shrubs, greenery and other landscaping materials, and
preserve existing trees and shrubs.
City Council Resolution No. 12278
PLN2017-103 - 1323 Elam Avenue
Adopting a Mitigated Negative Declaration
Page 3 of 4
11. The project proposes 12 parking spaces comprised of 8 covered/assigned and 4
uncovered/guest, where 12' parking spaces comprised of 8 covered/assigned, 2
uncovered/assigned & 2 uncovered/guest are required which is allowed with the
approval of a Parking Modification Permit (PLN2017-338).
12. A draft 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.
13. There are no responsible agencies or trustee agencies responsible for resources
affected by the project.
14. 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 mitigation
measures agreed to by the project proponent, as specified by the draft Mitigated
Negative Declaration.
15. 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.
16. 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 November 17, 2017 to December 7, 2017.
17. The mitigation measures identified in the Mitigated Negative Declaration are included
as Conditions of Approval of the Planned Development Permit and/or Tentative
Subdivision Map.
Based upon the foregoing findings of fact, the City Council further finds and concludes that:
The proposed development will clearly result in a more desirable environment and use
of the land than would be possible under any other zoning district classification.
2. The proposed development will be compatible with the General Plan of the City and
will aid in the harmonious development of the immediate area.
3. The proposed development will not result in allowing more residential units than would
be allowed by other residential zoning districts, which are consistent with the General
Plan. designation of the property.
4. The proposed development will not be detrimental to the health, safety or welfare of
the neighborhood or the City as a whole.
City Council Resolution No. 12278
PLN2017-103 - 1323 Elam Avenue
Adopting a Mitigated Negative Declaration
Paae 4 of 4
5. There is a reasonable relationship and a rough proportionality between the conditions
of approval and the impacts of the project.
6. There is a reasonable relationship between the use of the fees imposed upon the
project and the type of development project.
7. 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.
8. The.Mitigated Negative Declaration reflects the independent judgment and analysis of
the City Council upon recommendation of the Planning Commission.
9. The Custodian of the Record for the Mitigated Negative Declaration and Initial Study 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 Mitigated Negative
Declaration (PLN2017-103) (attached Exhibit "A") for a Zoning Map Amendment (PLN2017-
100), Planned Development Permit (PLN2017-101), Tentative Subdivision Map (PLN2017-
102), and Parking Modification Permit (PLN2017-338) to allow the development of four two-
story single-family residential homes on property located at 1323 Elam Avenue.
PASSED AND ADOPTED this 6th day of February, 2018, by the following roll call vote:
AYES: COUNCILMEMBERS: Gibbons, Landry, Cristina, Waterman, Resnikoff
NOES: COUNCILMEMBERS: None
ABSTAINED: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
APPROVED: ~' -~ ~`~i~
Paul Resnikoff, Mayor
ATTEST:
Wendy od, City Clerk
Exhibit A
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Community Development Department
. DRAFT
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: 1323 Elam Avenue Subdivision
File Number(s): Planned Development Permit (PLN2017-101) ~ Tentative Subdivision Map
(PLN2017-102) ~ Zoning Map Amendment (PLN2017-100) ~ CEQA Review
(PLN2017-103) ~ Parking Modification Permit (PLN2017-338)
Project Address: 1323 Elam Avenue, Campbell CA 95008
Project Sponsor: Gordana LLC (Attn: Gordana Pavlovic)
602 Hawthorn Avenue, Palo Alto, CA 94301
(408) 307-2897
Existing Zoning: R-M (Multiple-Family Residential)
Proposed Zoning: P-D (Planned Development)
General "Plan Low-Medium Density Residential (6-13 units/gr. acre)
Lead Agency: City of Campbell, Community Development Department
70 N. First Street, Campbell, CA 95008
Contact Person: Stephen Rose, Associate Planner
(408) 866-2142 ~ stephenr(a~cityofcampbell.com
Date Posted: November 16, 2017
Other public agencies whose approval is required: None
Surrounding Land Uses /General Plan /Zoning:
North: Apartments /Medium Den. Res. / R-2 (Multiple-Family Residential)
South: /Low-Medium Den. Res. / R-1-6 (Single Family Residential
East: Single-Family Residential /Low-Medium Den. Res. & Med. Den. Res./ P-D (Planned
Development) & Medium Density Residential
70 North First Street • Campbell, CA 95008-1423 • TEL (408) 866-2140 • Fnx (408) 866-5140 • E-tvtntt,planning@cityofcampbell.com
Miticated Negative Declaration ~ 1323 Elam Avenue Page 2 of 4
West: Single-Family Residential /Low-Medium Den. Res. / P-D (Planned Development)
Project Description: The project is an application for a Tentative Subdivision Map to allow subdivision
of the project site into four single-family residential parcels, ranging from approximately 2,045 to 2,163
square feet in area. The project also includes a common lot consisting of a single private street and
driveway for the subdivision, which would take access from Elam Avenue to the south. The private street
will be 20 feet wide with an additional 2 foot wide landscape buffer (porous grass pavers) on the east side
of the drive aisle. The development will include construction of four two-story single-family residences at a
maximum height of 26-feet, 9-inches from natural grade (27-feet from proposed grade) and an average
floor area ratio of 47% for the entire development.
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 MeasuNe AIR-1: The project applicant shall ensure that construction plans include the
BAAQMD Best Management Practices for fugitive dust control. The following will be required for all
construction activities within the project area. These measures will reduce fugitive dust emissions
primarily during soil movement, grading and demolition activities, but also during vehicle and
equipment movement on unpaved project sites:
~a. All active construction areas shall be watered twice daily or more often if necessary. Increased
watering frequency shall be required whenever wind speeds exceed 15 miles-per-hour.
b. Pave, apply water three times daily, or apply non-toxic soil stabilizers on all unpaved access roads
and parking and staging areas at construction sites.
c. Cover stockpiles of debris, soil, sand, and any other materials that can be windblown. Trucks
transporting these materials shall be covered.
d. 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.
e. Subsequent to clearing, grading, or excavating, exposed portions of the Site shall be watered,
landscaped, treated with soil stabilizers, or covered as soon as possible.
£ Installation of sandbags or other erosion control measures to prevent silt runoff to public
roadways.
g. Replanting of vegetation in disturbed areas as soon as possible after completion of construction.
h. Idling times shall be minimized either by shutting equipment off when not in use or reducing the
maximum idling time to five minutes. Clear signage shall be provided for construction workers at
all access points.
i. 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.
j. Post a publicly visible sign with the telephone number and person to contact at the City of
Campbell regarding dust complaints. This person shall respond and take corrective action within
48 hours. The BAAQMD's phone number shall also be visible to ensure compliance with
applicable regulations.
Mitigated Negative Declaration ~ 1323 Elam Avenue ~ Page 3 of 4
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.
Mitigation Measure GEO-1: The applicant shall comply with the recommendations in the
Geotechnical Investigation, dated August 2, 2016 prepared by Kristofer T. Korth, P.E. (No.
82838) and Andrew D. Murray, P.E. (No. C44562) of Murray Engineers. Such
recommendations shall be incorporated into the project's final engineering design to
minimize the damage from seismic shaking, unsuitable fill, and other geological deficiencies.
The project shall use standard engineering techniques and conform to the requirements of the
International Building Code to reduce the potential for seismic damage and risk to future
occupants.
Mitigation Measure HAZ-1: Prior to issuance of a demolition permit, a qualified contractor
shall asses the property for presence of Lead-based paint (LBP) and Asbestos containing
building materials (ACBM), and if present, prepare a plan, to the satisfaction of the Building
Official, to properly manage and dispose of such materials.
Mitigation Measure NOI-1: Windows must have a minimum STC rating of 20 dB, which is
met by standard openable double-glazed thermal windows, with two 1/8" lights separated by
a 1/2" air space and with good weather seals. For better reduction of loud vehicle noise, an
STC performance of 30 STC is recommended, but not required.
Mitigation Measure NOI-2: Outside doors, such as for front entrances or patios, particularly
for Unit 1, should meet a tested STC rating of 20 to 30 to match the overall sound
transmission mitigation criteria.
Mitigation Measure NOI-3: Mitigation of outside noise is based upon windows that are
closed in order to provide the required noise protection. Therefore, all units must have a
ventilation system that provides a habitable interior air quality environment with the windows
closed, regardless of outside temperature. In addition, noise levels produced by heating and
air conditioning units for the project must not themselves create a noise problem for any of
the residential units associated with the project or adjacent properties.
Mitigation Measure NOI-4: Good noise design must be implemented by good field
construction practices or the design performance will not be achieved. This includes
.minimizing all penetrations of and connections between party wall and floor/ceiling
assemblies, and acoustical sealant around any necessary penetrations.
Mitigation Measure NOI-5: A six to seven-foot solid wood property line fences and gates
shall be required to protect back yard activity areas, which will provide the required outdoor
activity area noise reduction.
Mitigated Negative Declaration ~ 1323 Elam Avenue Page 4 of 4
PUBLIC REVIEW PERIOD
Any person may file a written protest of the draft Mitigated Negative Declaration before 5:00 p.m. on
December 7, 2017. Such protest must be filed at the Community Development Department, City Hall,
70 North First Street, Campbell, California. The 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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Stephen Rose, Associate Planner
Printed Name
November 16, 2017
Date
City of Campbell
Agency
Encl: Initial Study
Draft Mitigation Monitoring and Reporting Program
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CITY of C.ANIP>lI>CI.L
Community Development Department
DRAFT MITIGATION MONITORING AND REPORTING PROGRAM
Enforcement Monitoring Action Verification of
Mitigation Measure Monitoring Phase q A Indicating Compliance
enc
g y enc
g y Compliance Initials Date Remarks
Air Quality -AIR
Mitigation Measa~re AIR-1: The project applicant shall Site Preparation City of Public Periodic
ensure that construction plans include the BAAQMD and Construction Campbell Works Compliance
Best Management Practices for fugitive dust control. Department Report
The following will be required for all construction and -
activities within the project area. These measures will Building
reduce fugitive dust emissions primarily during soil Division
movement, grading and demolition activities, but also
during vehicle and equipment movement on unpaved
project sites:
a. All active construction areas shall be watered twice
daily or more often if necessary. Increased
watering frequency shall be required whenever
wind speeds exceed 15 miles-per-hour.
b. Pave, apply water three times daily, or apply non-
toxic soil stabilizers on all unpaved access roads
and parking and staging areas at construction sites.
c. Cover stockpiles of debris, soil, sand, and any
other materials that can be windblown. Trucks
transporting these materials shall be covered.
d. All visible mud or dirt track-out onto adjacent
public roads shall be t•emoved using wet power
vacuum street sweepers at least once per day. The
use of dry power sweeping is prohibited.
e. Subsequent to cleating, grading, or excavating,
exposed portions of the Site shall be watered, .
landscaped, treated with soil stabilizers, or covered
Pale 2 of 4 _ _
Enforcement Monitoring Action Verification of
Mitigation Measure Monitoring Phase Indicating Compliance
A enc
g Y A enc
g y Compliance Initials Date Remarks
as soon as possible.
f. Installation of sandbags or other erosion conhol
measures to prevent silt runoff to public roadways.
g. Replanting of vegetation in disturbed areas as soon
as possible after completion of construction.
h. Idling times shall be minimized either by shutting
equipment off when not in use or reducing the
maximum idling time to five minutes. Clear
signage shall be provided for construction workers
at all access points.
i. 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.
j. Post a publicly visible sign with the telephone
number and person to contact at the City of
Campbell regarding-dust complaints. This person
shall respond and take corrective action within 48
hours. The BAAQMD's phone number shall also
be visible to ensure compliance with applicable
regulations..
Cultural Resources -CUL
Mitigation Measure CUL-1: If archaeological or paleontological Site Preparation City of Building Periodic
resources are encountered during excavation or construction, and Construction Campbell Division Compliance
construction personnel shall be instructed to immediately Report
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 a royal rior to the continuation of
Page 3 of 4
Enforcement Monitoring Action Verification of
Mitigation Measure Monitoring Phase A Indicating Compliance
enc
g y A enc
g y Compliance Initials Date Remarks
any on-site construction activity.
Cultural Resources - GEO
Mitigation Measzrre GEO-1: The applicant shall comply with the Prior to Issuance of City of Building Assessment
recommendations in the Geotechnical Investigation, dated Building Permit Campbell Division Report by
August 2, 2016 prepared by Kristofer T. Korth, P.E. (No. 82838) Structural
and Andrew D. Murray, P.E. (No. C44562) of Murray Engineers. Engineer or
Such recommendations shall be incorporated into the project's Compliance
final engineering design to minimize the damage from seismic Statement
shaking, unsuitable fill, and other geological deficiencies. The b
y
project shall use standard engineering techniques and conform to
the requirements of the International Building Code to reduce the ~ Geotechnical
otential for seismic damage and risk to future occu ants. Consultant
Hazards and Hazardous Materials -HAZ
Mitigation Measzrre HAZ-1: Prior to issuance of a demolition Prior to Issuance of City of Building Assessment
permit, a qualified contractor shall asses the property for Demolition Permit Campbell Division Report by
presence of Lead-based paint (LBP) and Asbestos containing Qualified
building materials (ACBM), and if present, prepare a plan, to the Contractor
satisfaction of the Building Official, to properly manage and
dis ose of such materials.
Noise - NOI
Mitigation Measzrre NOI-1: Windows must have a minimum Prior to Issuance of City of Building Assessment
STC rating of 20 dB, which is met by standard operable double- Building Permit Campbell Division Report by
glazed thermal windows, with two 1/8" lights separated by a 1/2" Structural
air space and with good weather seals. For better reduction of Engineer or
loud vehicle noise, an STC performance of 30 STC is Compliance
recommended, but not required. Statement
by
Acoustical
Consultant
Mitigation Measure NOI-2: Outside doors, such as for front Prior to Issuance of City of Building Assessment
entrances or patios, particularly for Unit 1, should meet a tested Building Permit Campbell Division Report by
STC rating of 20 to 30 to match the overall sound transmission & Review of Structural
mitigation criteria. Installed Materials Engineer or
Prior to Final Compliance
Page 4 of 4
Enforcement Monitoring Action Verification of
Mitigation Measure Monitoring Phase A Indicating Compliance
enc
g Y A enc
g y Compliance Initials Date Remarks
Statement
by
Acoustical
Consultant
Mitigation Measure NOI-3: Mitigation of outside noise is based Prior to Issuance of City of Building Assessment
upon windows that are closed in order to provide the required Building Permit & Campbell Division Report by
noise protection. Therefore; all units must have a ventilation Review of Installed Structural
system that provides a habitable interior air quality environment Materials Prior to Engineer or
with the windows closed, regardless of outside temperature. In Final Compliance
addition, noise levels produced by heating and air conditioning Statement
units for the project must not themselves create a noise problem b
y
for any of the residential units associated with the project or
adjacent properties. Acoustical
Consultant
Mitigation Measure NOI-4: Good noise design must be Prior to Issuance of City of Building Assessment
implemented by good field construction practices or the design Building Permit & Campbell Division Report by
performance will not be achieved. This includes minimizing all Review of Installed Structural
penetrations of and connections between party wall and Materials Prior to Engineer or
floor/ceiling assemblies, and acoustical sealant around any Final Compliance
necessary penetrations. Statement
by
Acoustical
Consultant
Mitigation Measure NOI-S: A six to seven-foot solid wood Prior to Issuance of City of Building Shown on
property line fences and gates shall be required to protect back Building Permit & Campbell Division Landscape
yard activity areas, which will provide the required outdoor Review of Plans or
activity area noise reduction. Installation Prior to Compliance
Final Statement
by
Acoustical
Consultant