CC Resolution 12357RESOLUTION NO. 12357
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL ADOPTING A MITIGATED NEGATIVE DECLARATION
(PLN2017-396) FOR A ZONING MAP AMENDMENT (PLN2017-393);
TENTATIVE SUBDIVISION MAP (PLN2017-394); PLANNED
DEVELOPMENT PERMIT (PLN2017-395), PARKING
MODIFICATION PERMIT (PLN2018-137); AND TREE REMOVAL
PERMIT (PLN2017-397), TO ALLOW THE DEVELOPMENT OF
FOUR UNITS ON PROPERTY LOCATED AT 50 SHELLEY 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 of a Zoning Map Amendment (PLN2017-393); Tentative
Subdivision Map (PLN2017-394); Planned Development Permit (PLN2017-395); Parking
Modification Permit (PLN2017-137); and Tree Removal Permit (PLN2017-397) to allow the
development of four units on property located at 50 Shelley Avenue.
The City Council finds as follows with regard to the adoption of a Mitigated Negative
Declaration (PLN2017-396):
Environmental Finding
1. 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.
Further Evidentiary Findings
2. The proposed project ("project") includes a Planned Development Permit (PLN2017-
395) for the approval of site configuration, architectural design, increased fence height
and to create lots which do not have frontage on a public street, Tentative Subdivision
Map (PLN2017-394) to create four single family lots and one commonly owned lot,
Zoning Map Amendment (PLN2017-393) to change the zoning from R-M (Multiple-
Family Residential) to P-D (Planned Development), Tree Removal Permit (PLN2017-
397) to allow for the removal of three trees on the site, and a Parking Modification
Permit (PLN2018-137) to allow two assigned parking spaces to be provided as guest
parking.
3. The project site consists of a single parcel located on the southern side of Shelley
Avenue between White Oaks Road and Bascom Avenue.
4. The lot is currently developed with one single-family residence that will be demolished
as part of the proposed subdivision.
5. Abutting land uses include single-family homes to the west, and multi-family residential
properties to the north, east, and south.
City Council Resolution No. 12357
PLN2017-396 - 50 Shelley Avenue
Adopting a Mitigated Negative Declaration (PLN2017-396)
Page 2 of 4
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 7.8 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.
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.
11. The- project proposes 12 parking spaces (8 covered, 4 guest), where 12 parking
spaces (8 covered, 2 assigned, 2 guest) are required which is allowed with the
approval of the associated Parking Modification Permit (PLN2018-137) which allows
for assigned parking to be provided as guest parking.
12. 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.
City Council Resolution No. 12357
PLN2017-396 - 50 Shelley Avenue
Adopting a Mitigated Negative Declaration (PLN2017-396)
Page 3 of 4
13. 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.
14. There are no responsible agencies or trustee agencies responsible for resources
affected by the project.
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 July 19; 2018 to August 8, 2018.
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:
1. 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.
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.
City Council Resolution No. 12361
PLN2017-396 - 50 Shelley Avenue
,Adopting a Mitigated Negative Declaration (PLN2017-396)
Page4of4
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 (PLN2017-396) (attached Exhibit "A") and Mitigation Monitoring and Reporting
Program (attached Exhibit "B") for a Zoning Map Amendment (PLN2017-393); Tentative
Subdivision Map (PLN2017-394); Planned Development Permit (PLN2017-395); Parking
Modification Permit (PLN2017-137); and Tree Removal Permit (PLN2017-397) to allow the
development of four units on property located at 50 Shelley Avenue.
PASSED AND ADOPTED this 18th day of September, 2018, by the following roll call vote:
AYES: COUNCILMEMBERS: Gibbons, Landry, Cristina, Waterman, Resnikoff
NOES: COUNCILMEMBERS: None
ABSTAINED: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
APPROVED: ~e_
Paul Resnikoff, Mayor
ATTEST:
Wendy ,o ,City Clerk
Exhibit A
~~~ CAA
f: ~,
•• c
v r
cs ~ r
a
;~.
. (JR (H ~g0 `~
C1T~ ()F CA~'~1P13EL1_,
Convnunity Development Department
DRAFT
1VIITIGATED NEGATIVE DECLARATI®N
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: 50 Shelley Avenue Subdivision
File Number(s): Planned Development Permit (PLN2017-395) ~ Tentative Subdivision Map
(PLN2017-394) ~ Zoning Map Amendment (PLN2017-393) ~ CEQA Review
(PLN2017-396) ~ Tree Removal Permit (PLN2017-397) ~ Parking Modification
Permit (PLN2018-137)
Project Address: 50 Shelley Avenue, Campbell CA 95008
Project Sponsor: Mike Paydar
12385 Parker Ranch Road, Saratoga, CA 95070
(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(c~cit. o~pbell.com
Date Posted: July 19, 2018
Other public agencies whose approval is required: None
Surrounding Land Uses /General Plan /Zoning:
North: Townhomes /Low-Medium Den. Res. / P-D (Planned Development)
South: Apartments /High Den. Res. / R-3 (Multiple-Family Residential)
East: Townhomes /Low-Medium Den. Res. / P-D (Planned Development)
70 North First Street • Campbell, CA 95008-1423 • rt:t, (408) 866-2140 • Fax (408) 866-5140 • E-nrtnrL planning@cityofcampbell.com
'Mitigated Negative Declaration ~ 50 Shelley Avenue Subdivision Page 2 of 4
!West: Single-Family Residential /Low Den. Res. / R-1-6 (Single Family Residential)
The project site consists of a single parcel located on the southern side of Shelley Avenue between White
Oaks Road and Bascom Avenue. The 19,813 square foot (net area) lot is currently developed with one
single-family residence and five accessory structures that will be demolished as part of the proposed
subdivision. Abutting land uses include single=family homes to the west, and multi-family residential
properties to the north., east, and south. The City of Campbell Zoning Map classifies the project site as R-M
(Multiple-Family Residential). The corresponding General Plan Land Use Designation is Low-Medium
'Density Residential (6-13 units/gr. acre).
.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 2,446 to 2,784
square feet in area. The project also includes a common lot consisting of a single private street with
landscaping and parking for the subdivision, which would take access from Shelley Avenue to the north
that would be approximately 9,372 square feet in area. The private street will be 20 feet wide with a 4 foot
wide landscape buffer on the west side of the drive aisle except for roughly the last forty feet where 'it
would taper to approximately two feet as it approaches the south side of the property. The development will
include construction of four two-story single-family residences at a maximum height of 27-feet from
proposed grade and a floor area ratio of 50.7% for the entire development.
Required land use entitlements for the proposed project include a Planned Development Permit (PLN2017-
395) for the approval of site configuration, architectural design and to create lots which do not have
.frontage on a public street, Tentative Subdivision Map (PLN2017-394) to create four single family lots and
one commonly owned lot, Zoning Map Amendment (PLN2017-393) to change the zoning from R-M
'(Multiple-Family Residential) to P-D (Planned Development), Tree Removal Permit (PLN2017-397) to
allow for the removal of the five trees on the site, and a Parking .Modification Permit (PLN2018-13.7) to
allow two assigned parking spaces to be provided as guest parking.
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 ~ Less Than Significant Level:
.Mitigation Measure 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 emissioris
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..
Mitigated Negative Declaration ~ 50 Shelley Avenue Subdivision
Page 3 of 4
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.
f. 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 foi• 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.
Mitigation Measzrre 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 November 10, 2017 prepared by Wayne Ting, C.E. (No. C
46276) of Wayne Ting & Associates Inc. Such recommendations shall be incorporated into
the project's final engineering design to prevent ponding of water in or near the building,
ensure the conveyance of storm water away from the building, and avoid the saturation of
foundation soils. 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 shall 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
Mitigated Negative Declaration ~ 50 Shelley Avenue Subdivision Page 4 of 4
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.
PUBLIC REVIEW PERIOD
Any person may file a written protest of the draft Mitigated Negative Declaration before 5:00 p.m. on
August 8, 2018. 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.
Signature
Stephen Rose, Associate Planner
Printed Name
July 19, 2018
Date
City of Campbell
Agency
Encl: Initial Study
Draft Mitigation Monitoring and Reporting Program
o~•cgM
~ A~C+
~ F r
U r
a ~ - ~~ a
>. ,
c _~
~kcH,+co
CITY ®0~ CAIVII'I3~LL
Community Development Department
DRAFT MITIGATION MONITORING AND REPORTING PROGRAM
50 Shelley Avenue Subdivision
Exhibit B
Mitigation Measure
Monitoring Phase Enforcement
A Monitoring
A Action
Indicating Verification of
Compliance
enc
g y enc
g y Compliance Initials Date Remarks
Air Quality -AIR
Mitigation Measure 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 removed using wet power
vacuum street sweepers at least once per day. The
use of dry ower swee in is rohibited.
50 Shelley_Avenue Subdivision
Page 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
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.
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
50 Shelley Avenue Subdivision
Pale 3 of 4
Aetion Verification of
Mitigation Measure Monitoring Phase Enforcement
q Monitoring Indicating Compliance
enc
g ~ A enc
g Y Compliance Initials Date Remarks
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.
Cultural Resources - GEO
Mitigation Measure 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
November 10, 2017 prepared by Wayne Ting, C.E. (No. C Structural
46276) of Wayne Ting & Associates Inc. Such recommendations Engineer or
shall be incorporated into the project's final engineering design Compliance
to prevent ponding of water in or near the building, ensure the Statement
conveyance of storm water away from the building, and avoid the by
saturation of foundation soils. The project shall use standard Geotechnical
engineering techniques and conform to the requirements of the
International Building Code to reduce the potential for seismic Consultant
damage and risk to future occupants.
Hazards and Hazardous Materials - FIAZ "-
Mitigation Measure 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.
Moise - IVOI
Mitigation Measure 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 openable 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
50 Shelley Avenue Subdivision
PauP 4 of 4
Enforcement Monitoring Action Verification-of
Mitigation Measure Monitoring Phase Indicating Compliance
q A
enc
g Y enc
g Y
Compliance Initials Date Remarks
Mitigation Measure NOI-2: Outside doors shall meet a tested Prior to Issuance of City of Building Assessment
STC rating of 20 to 30 to match the overall sound transmission Building Permit Campbell Division Report by
mitigation criteria. & Review of Structural
Installed Materials Engineer or
Prior to Final Compliance
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
for any of the residential units associated with. the project or by
adjacent properties. Acoustical
Consultant