CC Resolution 12382 RESOLUTION NO.12382
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
APPROVING A MILLS ACT HISTORIC PRESERVATION CONTRACT FOR
110 S. 2ND STREET AND DIRECTING THE CITY MANAGER TO EXECUTE SAID
CONTRACT WITH THE PROPERTY OWNERS
WHEREAS, on October 4, 2011 the City Council of the City of Campbell adopted Resolution
11333 establishing the Mills Act Historic Property Incentive Pilot Program for historic residential
properties; and
WHEREAS, approval of a Mills Act Historic Preservation Contract is exempt from the
California Environmental Quality Act (CEQA) pursuant to Section 15331, Class 31, pertaining to
projects involving the maintenance, rehabilitation, restoration, preservation, or reconstruction of
historical resources, provided that the activity meets published federal standards for the treatment of
historic properties. These federal standards describe means of preserving, rehabilitating, restoring,
and reconstructing historic buildings without adversely affecting their historic significance; and
WHEREAS, there is no evidence that this contract would result in any significant negative
environmental impact; and
WHEREAS, California Government Code, Section 50280 et seq., and California Revenue and
Taxation Code, Section 439 et seq., authorize the City of Campbell to enter into contract with
owner(s) of qualified historical property; defined as property that is (a) located entirely within the City
of Campbell; (b) is privately owned; (c) is taxed as residential property; and (d) is individually listed on
the City of Campbell's adopted Historic Resource Inventory List, to restrict the use of the property in a
manner which the City deems reasonable to carry out the purposes of the relevant state regulations;
and
WHEREAS, the Mills Act program allows private property owners of qualified historic property
to receive property tax relief in exchange for agreeing to preserve, rehabilitate, and maintain their
historic properties for a specific period; and
WHEREAS, on October 24, 2018 the City of Campbell Historic Preservation Board
unanimously supported a Mills Act Historic Preservation Contract for 110 S. 2nd Street.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Campbell hereby
approves a Mills Act Historic Preservation Contract for 110 S. 2nd Street and directs the City Manager
to execute said contract with the property owners.
PASSED AND ADOPTED, this 4th day of December, 2018 by the following roll call vote:
AYES: COUNCILMEMBERS: Landry, Cristina, Waterman, Resnikoff
NOES: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Gibbons
APPROVED:
Paul Resnikoff, Mayor
ATTEST: ^
Wendy rk, City Clerk
RESOLUTION NO. 12383
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL ADOPTING A MITIGATED NEGATIVE DECLARATION
FOR THE HARRIET AVENUE PLANNED DEVELOPMENT
SUBDIVISION PROJECT, CONSISTING OF A ZONING MAP
AMENDMENT (PLN2018-177), PLANNED DEVELOPMENT PERMIT
(PLN2018-178), TENTATIVE VESTING SUBDIVISION MAP (PLN2018-
179), AND TREE REMOVAL PERMIT (PLN2018-180), FOR PROPERTY
LOCATED AT 880 AND 910 HARRIET 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 the Harriet Avenue Planned Development Subdivision project, consisting of a Zoning
Map Amendment (PLN2018-177), Planned Development Permit (PLN2018-178), Tentative
Vesting Subdivision Map (PLN2018-179), and Tree Removal Permit (PLN2018-180).
The City Council thereby finds as follows with regard to adoption of a Mitigated Negative
Declaration (PLN2018-181).
1. The proposed project ("Project"), the Harriet Avenue Planned Development Subdivision,
consists of an application for a Zoning Map Amendment (PLN2018-177) to rezone the
project site from R-1-6 (Single-Family Residential) to P-D (Planned Development); a
Planned Development Permit (PLN2018-178) to allow construction of six two-story single-
family.homes, a new private street, and associated site and landscaping improvements; a
Tentative Vesting Subdivision Map (PLN2018-179) to create six private lots and one
common lot, and associated public and private easements; and a Tree Removal Permit
(PLN2018-180) to allow removal of on-site "protected" trees.
2. The project site consists of two parcels located along Harriet Avenue between Elam and
Westmont Avenues, and is developed with two single-family residences that will be
demolished as part of the proposed project.
3. The project site is not listed on the Hazardous Waste and Substances Sites List as
set forth in Government Code Section 65962.5.
4. The Community Development Department has prepared an Initial Study and approved for
circulation a Mitigated Negative Declaration for the Project in accordance with the
requirements of the California Environmental Quality Act of 1970, together with state and
local guidelines implementing said Act, all as amended to date (collectively "CEQA").
5. The Initial Study/Mitigated Negative Declaration concluded that implementation of the
Project could result in a certain significant effect on the environment and identified a
mitigation measure that would reduce the significant effect to a less-than-significant level.
6. In connection with the approval of a project involving the preparation of an Initial
Study/Mitigated Negative Declaration that identifies one or more significant environmental
City Council Resolution Page 2 of 3
Adopting a Mitigated Negative Declaration (MND)
880 and 910 Harriet Avenue — File No.: PLN2018-181
effects, CEQA requires the decision-making body of the lead agency to incorporate
feasible mitigation measures that would reduce those significant environment effects to a
less-than-significant level.
7. Whenever a lead agency approves a project requiring the implementation of measures to
mitigate or avoid significant effects on the environment, CEQA also requires a lead agency
to adopt a mitigation monitoring and reporting program to ensure compliance with the
mitigation measures during project implementation, and such a mitigation monitoring and
reporting program has been prepared for the Project for consideration by the decision-
maker of the lead agency as attached to the Mitigated Negative Declaration.
8. The City of Campbell is the lead agency on the Project, and the City Council is the
decision-making body, upon recommendation by the Planning Commission, that may grant
approval to undertake the Project.
9. The City Council has reviewed and considered the Initial Study/Mitigated Negative
Declaration and related Mitigation Monitoring and Reporting Program for the Project and
has recommended that the City Council approve the Project in compliance with CEQA.
•
10. By inclusion as "Exhibit A" the Initial Study/Mitigated Negative Declaration and the
Mitigation Monitoring and Reporting Program for the Project are incorporated into this
Resolution.
11. The Project will not individually or cumulatively have an adverse effect on wildlife
resources, as defined in Section 711.2 of the California Department of Fish and Game
Code.
12. There are no responsible agencies or trustee agencies responsible for resources affected
by the project.
13. The Notice of Intent to adopt a Mitigated Negative Declaration was published in the
Campbell Express, a local newspaper of general circulation; provided by mailed notice to
all property owners within a radius of 300-feet of the project site and to those individuals
and organizations requesting notification; posted with the Clerk-Recorder of the County of
Santa,Clara; and made available on the City's 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 October 24, 2018 to November 13, 2018.
15. 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:
City Council Resolution Page 3 of 3
Adopting a Mitigated Negative Declaration (MND)
880 and 910 Harriet Avenue — File No.: PLN2018-181
11. The City Council has independently reviewed and analyzed the Initial Study/Mitigated
Negative Declaration and other information in the record and has considered the
information contained therein, prior to acting upon or approving the Project.
2. The Initial Study/Mitigated Negative Declaration prepared for the Project has been
I completed in compliance with CEQA and consistent with state and local guidelines
implementing CEQA.
3. The Initial Study/Mitigated Negative Declaration represents the independent judgment
and analysis of the City of Campbell as lead agency for the Project.
4. Based upon the entire record of the proceedings held before the City Council and all
information received that there is no substantial evidence that the Project will have a
significant effect on the environment.
5. The Initial Study/Mitigated Negative Declaration and the Mitigation Monitoring and
Reporting Program for the Project are on file with the Campbell Community Development
Department, as Custodian, located at Campbell City Hall, 70 North First Street, Campbell,
CA 95008 and are available for inspection by any interested person.
THEREFORE, BE IT RESOLVED that the City Council adopt a Mitigated Negative Declaration
(PLN2018-181) (attached EXHIBIT A) for the Harriet Avenue Planned Development
Subdivision project, consisting of a Zoning Map Amendment (PLN2018-177), Planned
Development Permit (PLN2018-178), Tentative Vesting Subdivision Map (PLN2018-179), and
Tree Removal Permit (PLN2018-180), for property located at 880 and 910 Harriet Avenue.
PASSED AND ADOPTED this 4th day of December, 2018, by the following roll call vote:
AYES: COUNCILMEMBERS: Landry, Cristina, Waterman, Resnikoff
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Gibbons
ABSTAIN: COUNCILMEMBERS: None
APPROVED:
Paul Resnikoff, Mayor
•
ATTEST: teA
a
41Wendy ood, City Clerk
EXHIBIT A
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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 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: Harriet Avenue Planned Development Subdivision
Project Address: 880 and 910 Harriet Avenue, Campbell, CA 95008
Entitlement(s): Zoning Map Amendment (PLN2018-177): To amend the Campbell Zoning
Map to rezone the project site from R-1-6 (Single-Family Residential) to P-D
(Planned Development);
Planned Development Permit (PLN2018-178): To allow construction of six
two-story single-family homes, a new private street, and associated site and
landscaping improvements;
Tentative Vesting Subdivision Map (PLN2018-179): To create six private lots
and one common lot, and associated public and private easements; and
Tree Removal Permit (PLN2018-180): To allow removal of on-site "protected"
trees.
Zoning District (E): R-1-6 (Single-Family Residential)
Zoning District (P): P-D (Planned Development)
Area Plan: San Tomas Area Neighborhood Plan(STANP)
General Plan: Low Density Residential (less than 6 units/gr. acre)
Project Sponsor: Robson Homes, LLC
do Richard Yee
2185 The Alameda, #150
San Jose, CA 95126
Property Owners: Corbin and Jean DeMaree
880 Harriet Avenue
Campbell, CA 95008
70 North First Street•Campbell,CA 95008-1423•TEL(408)866-2140•FAX(408)866-5140•E-MAIL planning@cityofcampbell.com
Mitigated Negative Declaration—Harriet Avenue Planned Development Subdivision Page 2 of 6
Lead Agency: City of Campbell, Community Development Department
70 N. First Street, Campbell, CA 95008
Contact Person: Daniel Fama, Senior Planner
(408) 866-2193 I danielfncityofcainpbell.com
Date Posted: October 24, 2018
Other public agencies whose approval is required: None
Project Location and Surrounding Land Use: The project site is composed of two 'L'-shaped
parcels, comprising approximately 1.2 gross acres, located on the east side of Harriett Avenue, north of
Westmont Avenue and south of Elam Avenue (map, below). The site is within the R-1-6 (Single-
Family Residential) Zoning District, subject to the San Tomas Area Neighborhood Plan (STANP). The
surrounding area is primarily single-family residential (R-1-6 zoning) with the exception of the Good
Soil Baptist Church located directly to the north. The site is currently developed with a single-family
home and several accessory structures.
Project Description: The proposed project is a residential planned development consisting of six
single-family homes accessed by a new private roadway. The project includes an application for a
Zoning Map Amendment to amend the zoning from R-1-6 (Single-Family Residential) to P-D
(Planned Development), a Tentative Subdivision Map to create six single-family lots and one
commonly owned lot, a Planned Development Permit for the general site layout and architectural
design of the proposed residences, and a Tree Removal Permit to remove on-site "protected" trees.
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 Measure AQ-1: BAAOMD Basic Dust Control Measures. The construction
contractor shall reduce construction-related air pollutant emissions by implementing
BAAQMD's basic fugitive dust control measures, including:
• 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.
• 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.
• Cover stockpiles of debris, soil, sand, and any other materials that can be windblown.
Trucks transporting these materials 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.
• 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.
Mitigated Negative Declaration—Harriet Avenue Planned Development Subdivision Page 3 of 6
• Installation of sandbags or other erosion control measures to prevent silt runoff to public
roadways.
• Replanting of vegetation in disturbed areas as soon as possible after completion of
construction.
• 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.
• 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.
• 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 Measure BIO-1: Avoidance measures that protect bat species from possible direct
mortality will be warranted. Therefore, the project applicant will implement the following
measures to ensure that mortality to special status bats from future ground disturbances is
avoided:
• If practicable, site demolition should either be done between March 1 and April 15 or
between August 15 and October 15 to avoid interfering with an active nursery and/or
overwintering bats.
• Within 30-days of demolition and/or tree removal, a detailed bat survey should be
conducted by a qualified biologist for the residence, out-buildings, and trees prior to
demolition. If a non-breeding and non-wintering bat colony is found,the individuals
should be humanely evicted via the partial dismantlement(i.e., the first of a two-step
removal process typical of bat evictions) of the buildings or trees a day or two prior to
demolition under the direction of a qualified biologist to ensure that no harm would occur
to any bats as a result of demolition activities. Once it has been determined by a qualified
biologist that the bats have safely evacuated the building, the remaining building/tree
demolition can commence.
• Should the biologist not be able to visually access all potential roost areas (e.g., enclosed
attic spaces), a night emergence survey may become necessary.
• If a maternity colony or overwintering colony is detected in the buildings or trees of the
site, then the biologist will determine a suitable construction-free buffer to be established
around the structure and to remain in place until it has been determined by the biologist
that the nursery is no longer active.
Mitigation Measure BIO-2: Avoidance measures that protect nesting migratory bird species
from possible direct mortality will be warranted. Project-related activities that occur during
the breeding season could be constrained in the vicinity of any active nests. If tree removal or
ground disturbance activities are scheduled to commence during the breeding season
(February 1st through August 31st), pre-construction nesting bird surveys should be
conducted by a qualified biologist to identify possible nesting activity within 14 calendar
days prior to such activities. If project activities are subsequently delayed for more than 14-
days during the breeding season then an additional survey would be needed to ensure nests
Mitigated Negative Declaration- Harriet Avenue Planned Development Subdivision Page 4 of 6
have not established within the site, including project equipment, during the hiatus. A
construction-free buffer of suitable dimensions must be established around any active raptor
and migratory bird nest (up to 250 feet, depending on the location and species) for the
duration of the project, or until it has been determined by a qualified biologist that the chicks
have fledged and are foraging independently from their parents. The size and dimensions of
the buffer is to be determined by a qualified biologist.
Mitigation Measure BIO-3: The following measures shall be implemented to protect the
Valley Oak tree located on the adjacent property.
• Tree Protection Fence shall be placed in the area at the tree's drip line distance during the
initial demolition of the site to prevent unnecessarily entering the area under the tree.
• The Project Arborist shall document the initial grading and any trenching or significant
soil disturbance, including, trenching or boring for utilities.
• Do not use any mechanical trenching machinery or heavy equipment such as a back hoe.
• After opening up the trench, evaluate the size and volume of roots that will be impacted
by the underground work.
• Roots greater than two inches in diameter should be cut clean"cut clean to a flat surface
with all surrounding bark intact." If trenches are cut and tree roots two inches or larger
are encountered they must be cleanly cut back to a sound wood lateral root. All exposed
root areas shall be backfilled or covered within one hour. Roots greater than four inches
in diameter should be left intact and only removed as authorized by the project arborist.
Arborist should evaluate exposed roots to determine what can be root pruned and what
must be retained.
•• Use the thinest material possible to achieve structural compliance and use porous material
that allows for water infiltration under the surface. This shall specifically require use of
pervious pavers (consistent with the overall project) at the entry of the project site
driveway, to an extent determined by the Community Development Director. Adjust the
finished grade to be above the natural grade without digging for a sub-grade treatment. In
this instance the pavement will be higher up and edge treatments or curbing also need to
be constructed above grade. Alternatively use paving material that does not rely on the
strength of a compacted sub-base for strength. This may be accomplished by reinforcing
. the surface layer material. Place geotextile fabric at the bottom of the sub-base to reduce
displacement into the parent soil along with a reduction in compaction requirements. Use
biaxial Tensar BX-1100 or equivalent to manufacturer specifications on grade.
• All tree maintenance and care shall be performed by a qualified arborist with a C-61/D-49
California Contractors License. Tree maintenance and care shall be specified in writing
according to American National Standard for Tree Care Operations: Tree, Shrub and
Other Woody Plant Management: Standard Practices parts 1 through 10 and adhere to
ANSI Z133.1 safety standards and local regulations. All maintenance is to be performed
according to ISA Best Management Practices.
• Required tree pruning must be performed by a licensed contractor with a C-61/D-49
California Contractors License. Pruning specification shall be provided in writing
according to ANSI A300 Part 1 (Pruning) 2017 standards and limitations. All tree pruning
shall be performed in accordance with ISA Best Management Practices: Tree Pruning
2008.
Mitigated Negative Declaration Harriet Avenue Planned Development Subdivision Page 5 of 6
• Refer to Appendix D for general tree protection guidelines including recommendations
for arborist assistance while working under trees, trenching, or excavation within a trees
drip line or designated TPZ/CRZ.
• Provide a copy of this report to all contractors and project managers, including the
architect, civil engineer, and landscape designer or architect. It is the responsibility of the
owner to ensure all parties are familiar with this document.
• Arrange a pre-construction meeting with the project arborist or landscape architect to
verify tree protection is in place, with the correct materials, and at the proper distances.
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 CUL-2: In the event a human burial or skeletal element is identified
during excavation or construction, work in that location shall stop immediately until the find
can be properly treated. The City and the Santa Clara County Coroner's office shall be
notified. If deemed prehistoric, the Coroner's office would notify the Native American
Heritage Commission who would identify a "Most Likely Descendant (MLD)." The
archeological consultant and MLD, in conjunction with the project sponsor, shall formulate
an appropriate treatment plan for the find, which might include, but not be limited to,
respectful scientific recording and removal, being left in place, removal and reburial on site,
or elsewhere. Associated grave goods are to be treated in the same manner.
Mitigation Measure GEO-1: The applicant shall comply with the recommendations in the
Geotechnical Investigation, dated June 27, 2018 prepared by Geo-Logic Associates dba
Pacific Geotechnical Engineering. 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 assess 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: The entire window assembly shall be STC rated as
recommended by the Environmental Noise Study prepared by prepared by Charles Salter and
Associates.
Mitigated Negative Declaration—Harriet Avenue Planned Development Subdivision Page 6 of 6
PUBLIC REVIEW PERIOD
Any person may file a written protest of the Mitigated Negative Declaration during the public
comment period running from October 24, 2018 through November 13, 2018 (closing at 5:00 PM).
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.
Daniel Fama
PROJECT PLANNER
Senior Planner
TITLE
City of Campbell
AGENCY
•
October 10, 2018
SIGNATURE DATE
Encl: Initial Study
Mitigation Monitoring and Reporting Program
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CITY or CAMPBELL
Community Development Department
MITIGATION MONITORING AND REPORTING PROGRAM
Harriet Avenue Planned Development Subdivision
Monitoring Enforcement Monitoring Action Verification of
Mitigation Measure Indicating Compliance
Phase Agency Agency Compliance Initials Date Remarks
Air Quality - AIR
Mitigation Measure AQ-1: BAAQMD Basic Dust Control Site City of Public Periodic
Preparation Campbell Works Compliance
Measures. The construction contractor shall reduce and Department Report
construction-related air pollutant emissions by implementing Construction and
BAAQMD's basic fugitive dust control measures, including: Building
• All active construction areas shall be watered twice daily Division
or more often if necessary. Increased watering frequency
shall be required whenever wind speeds exceed 15 miles-
per-hour.
• 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.
• Cover stockpiles of debris, soil, sand, and any other
materials that can be windblown. Trucks transporting
these materials 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.
• Subsequent to clearing, grading, or excavating, exposed
Mitigation Monitoring and Reporting Program—Harriet Avenue Planned Development Subdivision Page 2 of 8
Monitoring Enforcement Monitoring Action Verification of
Mitigation Measure Indicating Compliance
Phase Agency Agency Compliance Initials Date Remarks
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.
• Replanting of vegetation in disturbed areas as soon as
possible after completion of construction.
• 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.
• 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.
• 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.
Biological Resources —Bio-1
Mitigation Measure BIO-1: Avoidance measures that protect Site City of Planning Periodic
Preparation Campbell Division Compliance
bat species from possible direct mortality will be warranted. and Report
Therefore, the project applicant will implement the following Construction
measures to ensure that mortality to special status bats from
future ground disturbances is avoided:
• If practicable, site demolition should either be done
between March 1 and April 15 or between August 15 and
Mitigation Monitoring and Reporting Program—Harriet Avenue Planned Development Subdivision Page 3 of 8
Monitoring Enforcement Monitoring Action Verification of
Mitigation Measure Indicating Compliance
Phase Agency Agency Compliance Initials Date Remarks
October 15 to avoid interfering with an active nursery •
and/or overwintering bats.
• Within 30-days of demolition and/or tree removal, a
detailed bat survey should be conducted by a qualified
biologist for the residence, out-buildings, and trees prior
to demolition. If a non-breeding and non-wintering bat
colony is found, the individuals should be humanely
evicted via the partial dismantlement(i.e.,the first of a
two-step removal process typical of bat evictions) of the
buildings or trees a day or two prior to demolition under
the direction of a qualified biologist to ensure that no
harm would occur to any bats as a result of demolition
activities. Once it has been determined by a qualified
biologist that the bats have safely evacuated the building,
the remaining building/tree demolition can commence.
• Should the biologist not be able to visually access all
potential roost areas (e.g., enclosed attic spaces), a night
emergence survey may become necessary.
• If a maternity colony or overwintering colony is detected
in the buildings or trees of the site, then the biologist will
determine a suitable construction-free buffer to be
established around the structure and to remain in place
until it has been determined by the biologist that the
nursery is no longer active.
Mitigation Measure BIO-2: Avoidance measures that protect
nesting migratory bird species from possible direct mortality
will be warranted. Project-related activities that occur during
the breeding season could be constrained in the vicinity of
any active nests. If tree removal or ground disturbance
activities are scheduled to commence during the breeding
season (February 1st through August 31st), pre-construction
Mitigation Monitoring and Reporting Program—Harriet Avenue Planned Development Subdivision Page 4 of 8
Monitoring Enforcement Monitoring Action Verification of
Mitigation Measure Indicating Compliance
Phase Agency Agency Compliance Initials Date Remarks
nesting bird surveys should be conducted by 'a qualified
biologist to identify possible nesting activity within 1.4
calendar days prior to such activities. If project activities are
subsequently delayed for more than 14-days during the
breeding season then an additional survey would be needed to
ensure nests have not established within the site, including
project equipment, during the hiatus. A construction-free
buffer of suitable dimensions must be established around any
active raptor and migratory bird nest (up to 250 feet,
depending on the location and species) for the duration of the
project, or until it has been determined by a qualified biologist
that the chicks have fledged and are foraging independently
from their parents. The size and dimensions of the buffer is to
be determined by a qualified biologist.
Mitigation Measure BIO-3: The following measures shall be
implemented to protect the Valley Oak tree located on the
adjacent property.
• Tree Protection Fence shall be placed in the area at the
tree's drip line distance during the initial demolition of the
site to prevent unnecessarily entering the area under the
tree.
• The Project Arborist shall document the initial grading
and any trenching or significant soil disturbance,
including, trenching or boring for utilities.
• Do not use any mechanical trenching machinery or heavy
equipment such as a back hoe.
• After opening up the trench, evaluate the size and volume
of roots that will be impacted by the underground work.
• Roots greater than two inches in diameter should be cut
clean"cut clean to a flat surface with all surrounding bark
Mitigation Monitoring and Reporting Program—Harriet Avenue Planned Development Subdivision Page 5 of 8
Monitoring Enforcement Monitoring Action Verification of
Mitigation Measure Indicating Compliance
Phase Agency Agency Compliance Initials Date Remarks
• intact." If trenches are cut and tree roots two inches or
larger are encountered they must be cleanly cut back to a
sound wood lateral root. All exposed root areas shall be
backfilled or covered within one hour. Roots greater than
four inches in diameter should be left intact and only
removed as authorized by the project arborist. Arborist
should evaluate exposed roots to determine what can be
root pruned and what must be retained.
• Use the thinest material possible to achieve structural
compliance and use porous material that allows for water
infiltration under the surface. This shall specifically
require use of pervious pavers (consistent with the overall
project) at the entry of the project site driveway, to an
extent determined by the Community Development
Director. Adjust the finished grade to be above the natural
grade without digging for a sub-grade treatment. In this
instance the pavement will be higher up and edge
treatments or curbing also need to be constructed above
grade. Alternatively use paving material that does not rely
on the strength of a compacted sub-base for strength. This
may be accomplished by reinforcing the surface layer
material. Place geotextile fabric at the bottom of the sub-
base to reduce displacement into the parent soil along with
a reduction in compaction requirements. Use biaxial
Tensar BX-1100 or equivalent to manufacturer
specifications on grade.
• All tree maintenance and care shall be performed by a
qualified arborist with a C-61/D-49 California Contractors
License. Tree maintenance and care shall be specified in
writing according to American National Standard for Tree
Care Operations: Tree, Shrub and Other Woody Plant
Management: Standard Practices parts 1 through 10 and
adhere to ANSI Z133.1 safety standards and local
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regulations. All maintenance is to be performed according •
to ISA Best Management Practices.
• Required tree pruning must be performed by a licensed
contractor.with a C-61/D-49 California Contractors
License. Pruning specification shall be provided in writing
according to ANSI A300 Part 1 (Pruning) 2017 standards
and limitations. All tree pruning shall be performed in
accordance with ISA Best Management Practices: Tree
Pruning 2008.
• Refer to Appendix D for general tree protection guidelines
including recommendations for arborist assistance while
working under trees, trenching, or excavation within a
trees drip line or designated TPZ/CRZ.
• Provide a copy of this report to all contractors and project
managers, including the architect, civil engineer, and
landscape designer or architect. It is the responsibility of
the owner to ensure all parties are familiar with this
document.
• Arrange a pre-construction meeting with the project
arborist or landscape architect to verify tree protection is
in place, with the correct materials, and at the proper
distances.
Cultural Resources — CUL
Mitigation Measure CUL-1: If archaeological or Site City of Building Periodic
paleontological resources are encountered during excavation Preparation Campbell Division Compliance
or construction, construction personnel shall be instructed to and Report
immediately suspend all activity in the immediate vicinity of Construction
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
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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 CUL-2: In the event a human burial or
skeletal element is identified during excavation or
construction, work in that location shall stop immediately
until the find can be properly treated. The City and the Santa
Clara County Coroner's office shall be notified. If deemed
prehistoric, the Coroner's office would notify the Native
American Heritage Commission who would identify a "Most
Likely Descendant (MLD)." The archeological consultant and
MLD, in conjunction with the project sponsor, shall formulate
an appropriate treatment plan for the find, which might
include, but not be limited to, respectful scientific recording
and removal, being left in place, removal and reburial on site,
or elsewhere. Associated grave goods are to be treated in the
same manner.
Cultural Resources — GEO
Mitigation Measure GEO-1: The applicant shall comply with Prior to City of Building Assessment
Issuance of Campbell Division Report by
the recommendations in the Geotechnical Investigation, dated Building Structural
June 27, 2018 prepared by Geo-Logic Associates dba Pacific Permit Engineer or
Geotechnical Engineering. Such recommendations shall be Compliance
incorporated into the project's final engineering design to Statement by
prevent ponding of water in or near the building, ensure the Geotechnical
conveyance of storm water away from the building, and avoid Consultant
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.
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Hazards and Hazardous Materials -HAZ
Mitigation Measure HAZ-1: Prior to issuance of a demolition Prior to City of Building Assessment
permit, a qualified contractor shall assess the property for Issuance of Campbell Division Report by
presence of Lead-based paint (LBP) and Asbestos containing Demolition Qualified
building materials (ACBM), and if present, prepare a plan, to Permit Contractor
the satisfaction of the Building Official, to properly manage
and dispose of such materials.
Noise - NOI
Mitigation Measure NOI-1: The entire window assembly Prior to City of Building Assessment
shall be STC rated as recommended by the Environmental Issuance of Campbell Division Report by
Noise Study prepared by prepared by Charles Salter and Building Structural
Associates. Permit Engineer or
Compliance
Statement by
Acoustical
Consultant