Loading...
PC Res 4492RESOLUTION NO. 4492 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPB ELL RECOMMENDING THAT THE CITY COUNCIL ADOPT A MITIGATED NEGATIVE DECLARATION FOR THE HACIENDA AVENUE PLANNED DEVELOPMENT SUBDIVISION PROJECT, CONSISTING OF A ZONING MAP AMENDMENT (PLN2018- 155), PLANNED DEVELOPMENT PERMIT (PLN2018-156), TENTATIVE SUBDIVISION MAP (PLN2018-157), VARIANCE (PLN2018-325), AND TREE REMOVAL PERMIT (PLN2018-158), FOR PROPERTY LOCATED AT 1631 HACIENDA AVENUE. FILE NO.: PLN2018-159 After notification and public hearing, as specified by law, and after presentation by the Community Development Director, proponents and opponents, the Planning Commission did determine that the adoption of a Mitigated Negative Declaration provides full and adequate environmental review the Hacienda Avenue Planned Development Subdivision project, consisting of a Zoning Map Amendment (PLN2018-155), Planned Development Permit (PLN2018-156), Tentative Subdivision Map (PLN2018'157), Variance (PLN2018-325), and Tree Removal Permit (PLN2018-158). The Planning Commission thereby finds as follows with regard to recommended adoption of a Mitigated Negative Declaration (PLN2018-159). The proposed project ("Project"), the Hacienda Avenue Planned Development Subdivision, consists of an application for a Zoning Map Amendment (PLN2018-155).to amend the Campbell Zoning Map to rezone the project site from R-1-9 (Single -Family Residential) to P-D (Planned Development); a Planned Development Permit (PLN2018-156) to allow construction of six two-story single-family homes, an accessory dwelling unit, a new private street, and associated site and landscaping improvements; a Tentative Subdivision Map (PLN2018-157) to create six private lots and one common lot, and associated public and private easements; a Variance (PLN2018-325) to allow retention of existing overhead utility lines and installation of a new utility pole on private property to serve the proposed development; and a Tree Removal Permit (PLN2018-158) to allow removal of on -site protected trees. J 2. The project site consists of two parcels located along Hacienda Avenue, east of Harriet Avenue, which is _developed with a single-family residence 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. Planning Commission Resolution No. 4492 Page 2 of 3 Recommending Adoption of a Mitigated Negative Declaration (MND) 1631 Hacienda Avenue — File No.: PLN2018-159 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 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 Planning Commission 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 7.11.2 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 November 21, 2018 to December 11, 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. Planning Commission Resolution No. 4492 Page 3 of 3 Recommending Adoption of a Mitigated Negative Declaration (MND) 1631 Hacienda Avenue — File No.: PLN2018A 59 Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The Planning Commission 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 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 Planning Commission 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 Planning Commission recommends the adoption of a Mitigated Negative Declaration (PLN2018-159) (attached EXHIBIT A) for the Hacienda Avenue Planned Development Subdivision project, consisting of a Zoning Map Amendment (PLN2018-155), Planned Development Permit (PLN2018-156), Tentative Subdivision Map (PLN2018-157), Variance (PLN2018-325), and Tree Removal Permit (PLN2018-158) for property located at 1631 Hacienda Avenue. PASSED AND ADOPTED this 23rd day of April, 2019, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN Commissioners: Rivlin, Krey, Hines, Ching, and Ostrowski Commissioners: Commissioners: Rich Commissioners: APPROVED: oyan, Secretary Exhibit A OF C.4,jf4 &�n,^ r 0 o a y� C, Ok CH ARQ 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: Hacienda Avenue Planned Development Subdivision Project Address: 1631 Hacienda Avenue, Campbell, CA 95008 Entitlement(s): Zoning Map Amendment (PLN2018-155): To amend the Campbell Zoning Map to rezone the project site from R-1-9 (Single -Family Residential) to P-D (Planned Development); Planned Development Permit (PLN2018-156): To allow construction of six two-story single-family homes, an accessory dwelling unit, a new private street, and associated site and landscaping improvements; Tentative Subdivision Map (PLN2018-157): To create six private lots and one common lot, and associated public and private easements; Variance (PLN2018-325): To allow retention of existing overhead utility lines and installation of a new utility pole. on private property to serve the proposed development; and Tree Removal Permit ,(PLN2018-158): To allow removal of on -site protected trees. Zoning District (E): R-1-9 (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 unitsl acre) Project Sponsor: Hacienda Street Holdings LLC c/o Sachneel Patel 225 Demeter Street East Palo Alto, CA 94303 70 North First Street • Campbell, CA 95008-1423 r TEL (408) 866-2140 • FAX (408) 866-5140 - E-MAIL planning@cityofcampbell.com Mitigated Negative Declaration — Hacienda Avenue Planned Development Subdivision Page 2 of 7 Property Owners: Hacienda Street Holdings LLC 225 Demeter Street East Palo Alto, CA 94303 Lead Agency:-' City of Campbell, Community Development Department 70 N. First Street, Campbell, CA 95008 Contact Person: Daniel Fama, Senior Planner (408) 866-2193 1 danielfgcitvofcampbell.com Date Posted: November 21, 2018 Other public agencies whose approval is required: None Project Location and Surrounding Land Use: The approximately two -acre project site is comprised of two parcels, located on Hacienda Avenue east of Harriet Avenue. The majority of the site is fallow land with a single-family home located towards the street. The site is within the R-1-9 (Single -Family Residential) Zoning District, subject to the San Tomas Area Neighborhood Plan (STANP). 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 and one accessory dwelling unit, accessed by a new private roadway. The project includes an application for a Zoning Map Amendment to amend the zoning designation from R-1-9 (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, a Variance to allow retention of existing overhead utility lines and installation of a new utility pole on private property to serve the proposed development, and a Tree Removal Permit. 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 'onthe 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: Provisions for trackout control of soil/mud from project construction will be implemented as best practices BP6 and BP7 described in Table A-5 of the. Air Quality Assessment, prepared by Marc Papineau, Environmental Service, restated as follows: • BP6 -Wash off all haul trucks and equipment, including their tires., before leaving the site. • B1`7-- Treat entries to a distance of 100 feet from a paved road with a 6 to 12 inch compacted layer of wood chips, mulch, or gravel. Mitigation Measure AQ-2: To minimize PM emissions from fugitive sources and from unnecessary equipment idling, the contractor will be 'required to implement the Basic Practices described in Table A-5 of the Air Quality Assessment, prepared by Marc Papineau, Environmental Service, restated as follows: Mitigated Negative Declaration — Hacienda Avenue Planned Development Subdivision Page 3 of 7 • Al - Watered at least two times per day exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads). • A2 - Cover haul trucks transporting soil, sand, or other loose material to or from the site. • A3 - Remove visible mud or dirt track -.out onto adjacent public roads using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. • A4 - Limited vehicle speeds 15 mph on unpaved roads. • A5 - Pave roadways, driveways, and sidewalks as soon as possible. • A6 - Minimize idling times to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points. • A7 - Maintain and properly tune all motorized construction equipment 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. This includes proper functioning of Level 3 VDECS forreduction of diesel particulate emissions. • A-8 - Post a publicly visible sign with the telephone number and person to contact at the Lead Agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District's phone number shall also be visible to ensure compliance with ,-applicable regulations. Mitigation Measure AQ-3: The following measures shall be adhered during constructions: • To reduce downwind concentrations of DPM to 15 percent of the uncontrolled concentrations, use Tier 4 non -road construction equipment and/or Tier 2 or Tier 3 non -road equipment retrofitted with a Level '3 Verified Diesel Emission Control Strategy (VDECS). • Prohibit portable diesel engines where access to alternative sources of power are available. • Restrict idling, to two minutes during idle episodes. • Properly maintain and tune equipment in accordance with manufacturer specifications. Note: If additional buffer, windbreak or privacy fence measures are attempted, these would have to be constructed before demolition or before grading. In this case, landscaped buffers, street or driveway buffers, and privacy fencing are secondary or supplemental and cannot be substituted for the recommended Basic Practices or Construction Best Practice Mitigation Measure BIO-1: Pre -Construction Avian Survey .— If project construction -related activities would take place during the nesting season (February through August), preconstruction surveys for nesting passerine birds and raptors (birds of prey) within the Property and the large trees within the adjacent riparian area should be conducted by a competent biologist 14 days prior to the commencement of the tree removal or site grading activities. If any bird listed under the Migratory Bird Treaty Act is found to be, nesting within the project site ,or within the area of influence, an adequate protective buffer zone should be established by a' qualified biologist to protect the nesting site. This buffer shall be a minimum of 75 feet from the project activities for passerine birds, and a minimum of 200 feet for raptors. The distance shall be determined by a competent biologist based on the site conditions (topography, if the nest is in a line of sight of the construction and the sensitivity of the birds nesting). The nest site(s) shall be monitored `by a competent biologist periodically to see if the birds are stressed by the construction activities and if the protective buffer needs to be increased. Once the young have fledged and are flying Mitigated Negative Declaration — Hacienda Avenue Planned Development Subdivision Page 4 of 7 well enough to avoid project construction zones (typically by August), the project can proceed without further regard to the nest site(s). Mitigation Measure BIO-2: Pre -construction Bat Survey — To avoid "take" of special —status bats, the following mitigation measures shall be implemented prior to the removal of any existing trees or structures on the project site: • A bat habitat assessment shall be conducted by a qualified bat biologist during seasonal periods of bat activity (mid —February through mid —October. Feb. 15 — Apr. 15, and Aug. 15 — October 30), to determine suitability of each existing structure as bat roost habitat. • Structures found to have no suitable openings can be considered clear for project activities as long as they are maintained so that new openings do not occur. • Structures found to provide suitable roosting habitat, but without evidence of use by bats, may. be sealed until project activities occur, as recommended by the bat biologist. Structures with openings and exhibiting evidence of use by bats shall be scheduled for humane bat exclusion and eviction, conducted during appropriate seasons, and under supervision of a qualified bat biologist. • Bat exclusion and eviction shall only occur between February 15 and April 15, and from August 15 through October 30, in order to avoid take of non—volant (non —flying or inactive, either young, or seasonally torpid) individuals. OR A qualified wildlife biologist experienced in surveying for and identifying bat species should survey the portion of the mixed oak woodland and mixed riparian habitats if tree removal is proposed to determine if .any special —status bats reside in the trees. Any special —status bats identified should be removed without harm. Bat houses sufficient to shelter the number of bats removed should be erected in open space areas that would not be disturbed by project development. Mitigation. Measure EIO-3: The following tree protection measures will be implemented to minimize harmful effects to the remaining trees located on or immediately adjacent to the site: • Work within the vicinity of the trees to be retained will be scheduled for fall or winter when trees are dormant or semi -dormant. • Prior to any site preparation or construction work, all trees should have a protective buffer (six feet tall chain link fence) extending beyond the dripline of the canopy (tree protection zone)(TPZ), or the ,greatest feasible distance from the trunk as possible. Grading, deposition of -fill, equipment storage, removal of soil, irrigation, or any other activities that may be detrimental to the health of the trees are strictly forbidden within the tree protection zone for the duration of site work. It is the ultimately applicants' responsibility to ensure that the fencing remains intact and that the tree is not damaged during construction. Tree protection locations should be marked before any fence contractor arrives. • 8.5 x 11" signs will be placed on the construction fencing (not on the trunks of the trees) stating that all areas within the fencing are Tree Protection Zones (TPZ) and that disturbance is prohibited. • Pruning of limbs to provide clearance for structures, vehicular traffic, and construction equipment shall be performed during the fall or winter semi -dormant period and will conform to American National Standards Institute (ANSI) tree pruning standards. All tree pruning or Mitigated Negative Declafation — Hacienda Avenue Planned Development Subdivision Page 5 of 7 removals shall be performed by a qualified arborist with a C-61/D-49 California Contractors License. Avoid aesthetic pruning immediately before, during or after construction impact. Perform only that pruning of dead limbs or those which -conflict with the proposed development. 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. • Engineer site improvements so that water runoff will not slope toward the trunks. In areas where the proposed elevation of nearby development lies above the elevation of the oak tree, swales have been incorporated into the design to direct water away from the oak trees. • Soak the ground beneath the canopy of each tree prior to, during, and right after construction. This deep watering method consists of a slow, all -day soaking within the root zone. • . If possible, construct the project with minimal filling, excavating, or trenching within the root zone. Minimize compaction within the root zone to the greatest extent practicable. Keep the elevation of the soil surface at the existing level within the protected area around the trunk. Do not stockpile any construction material within the root zone, even temporarily. Should any roots need to be severed during construction, cover any exposed or cut roots with burlap, soil or mulch as soon as possible until the native soil can be backfilled. If possible, use sharp tools (chainsaw or axe) for pruning roots. Using hand tools will help to heal the wounded roots more quickly than pruning with bulldozers, and will better avoid tearing of the roots behind the cuts. If excavation is for installation of underground utilities, roots, should be left intact and lines will be treaded underneath the roots. 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 Updated Geotechnical Engineering Study, dated April 12, 2018 prepared by Earth Systems Pacific. 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 Mitigated Negative Declaration — Hacienda Avenue Planned Development Subdivision Page 6 of 7 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 following measures shall be implemented during construction: 9 . Notify the City and neighbors in advance of the schedule for each major phase of construction and expected loud activities or impulsive noise activities (e.g., nail guns during framing). • When feasible, select "quiet" construction methods and equipment. Examples include: 1) using electrical service rather than portable power generators and 2) using rollers rather than vibratory compactors. • Locate noisy stationary. equipment (e.g., compressors) and material unloading and staging areas away from the nearest adjacent uses, such as the Luika Place residences to the southwest and west of the project site. Mitigation Measure NOI-2: The following measures shall be implemented during construction: • Require posted signs at the construction site, which provide the permitted construction days and hours, a day and evening contact number for the job site and a day and evening contact number for the City in the event of problems. • Notify the City and neighbors in advance of the schedule for each major phase of construction and expected loud activities or impulsive noise activities (e.g., nail guns during framing). • When feasible, select "quiet' construction methods and equipment. Examples include: 1) using electrical service rather than portable power generators and 2) using rollers rather than vibratory compactors. • Locate noisy stationary equipment (e.g., compressors) and material unloading and staging areas away from the nearest adjacent uses, such as the Luika Place residences to the southwest and west of the project site. • Require that all construction equipment (e.g., excavators, backhoes) be in good working order and that mufflers are installed and functioning properly. Avoid unnecessary idling of diesel engines. • Designate a Construction Noise Coordinator. The designated Construction Noise Coordinator would be responsible for posting the required signs, explaining the construction timeline, responding to potential complaints from neighbors, and managing noise through appropriate work practices or other measures>' PUBLIC REVIEW PERIOD Any person may file a written protest of the Mitigated Negative Declaration during the public comment period running from November 21, 2018 through December 11, 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. Mitigated Negative Declaration — Hacienda Avenue Planned Development Subdivision Page 7 of 7 Daniel Fama PROJECT PLANNER Senior Planner TITLE City of Campbell AGENCY SIGNATURE Encl: Initial Study Mitigation Monitoring and Reporting Program 9 November 20, 2018 DATE OV Cq,y4 o o 5 0 C: ARCH ARV`. CITY of CAMPBELL Community Development Department MITIGATION MONITORING AND REPORTING PROGRAM Hacienda Avenue Planned Development Subdivision Action Verification of Mitigation Measure Monitoring Enforcement Monitoring Indicating Compliance Phase Agency Agency Compliance Initials Date Remarks Air Quality - AIR Mitigation Measure AQ-1: Provisions for trackout control of Site City of Public Periodic soil/mud from project construction will be implemented as Preparation Campbell Works Compliance best practices BP6 and BP7 described in Table A-5 of the and Department Report Air Quality Assessment, prepared by Marc Papineau, Construction and Environmental Service, restated as follows: Building Division • BP6 - Wash off all haul trucks and equipment, including -their tires, before leaving the site. • BP7 - Treat entries to a distance of 100 feet from a paved road with a 6 to 12 inch compacted layer of wood chips, mulch, or gravel. Mitigation Measure AQ-2: To minimize PM emissions from fugitive sources and from unnecessary equipment idling, the contractor will be required to implement the Basic Practices described in Table A-5 of the Air Quality Assessment, prepared by Marc Papineau, Environmental Service, restated as follows: Draft Mitigation Monitoring and Reporting Program — Hacienda Avenue Planned Development Subdivision Page 2 of 11 Mitigation Measure Monitoring Phase Enforcement - Agency Monitoring Agency Action Indicating Compliance Verification of Compliance Initials Date Remarks • Al - Watered at least two times per day exposed surfaces - (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads). • A2 - Cover haul trucks transporting soil, sand, or other loose material to or from the site. • A3 - Remove visible mud or dirt track -out onto adjacent public roads using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. • A4 - Limited vehicle speeds 15. mph on unpaved roads. • A5 - Pave roadways, driveways, and sidewalks as soon as possible. • A6 - Minimize idling times to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points. - • A7 - Maintain and properly tune all motorized construction equipment 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. This includes proper functioning of Level 3 VDECS for reduction of diesel particulate emissions. • A-8 - Post a publicly visible sign with the telephone number and person to contact at the Lead Agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District's Draft Mitigation Monitoring and Reporting Program — Hacienda Avenue Planned Development Subdivision Page 3 of 11 Action Verification of Mitigation Measure Monitoring Enforcement Monitoring Indicating Compliance Phase Agency Agency Compliance Initials Date Remarks phone number shall also be visible to ensure compliance with applicable regulations. Mitigation Measure AQ-3: The following measures shall be adhered during constructions: • To reduce downwind concentrations of DPM to 15 percent of the -uncontrolled concentrations, use Tier 4 _ non -road construction equipment and/or Tier 2 or Tier 3 non -road equipment retrofitted with a Level 3 Verified Diesel Emission Control Strategy (VDECs). • Prohibit portable diesel engines where access to alternative sources of power are available. • Restrict idling to two minutes during idle episodes. • Properly maintain and tune equipment in accordance with manufacturer specifications. Note: If additional buffer, windbreak or privacy fence measures are attempted, these would have to be constructed before demolition or before grading. In this case, landscaped buffers, street or driveway buffers, and privacy fencing are secondary or supplemental and cannot be substituted for the recommended Basic Practices or Construction Best Practice. Biological Resources — Bio-1 Mitigation Measure BIO-1: Pre -Construction Avian Site City of Planning Periodic Survey — If project construction -related activities would Preparation Campbell Division Compliance take place during the nesting season (February through and Report August); preconstruction surveys for nesting passerine birds Construction Draft Mitigation Monitoring and Reporting Program — Hacienda Avenue Planned Development Subdivision Page 4 of 11 Mitigation Measure Monitoring Phase Enforcement Agency Monitoring Agency Action Indicating Compliance. Verification of Compliance Initials Date Remarks and raptors (birds of prey) within the. Property and the large trees within the adjacent riparian area should be conducted by a competent biologist 14 days prior to the commencement of ' the tree removal or site grading activities. If any bird listed — under the Migratory Bird Treaty Act is found to be nesting within the project site or within the area of influence, an adequate protective buffer zone should be established by a qualified biologist to protect the nesting site. This buffer shall be a minimum of 75 feet from the project activities for passerine birds, and a minimum of 200 feet for raptors. The distance shall be determined by a competent - biologist based on the site conditions (topography, if the nest is in a line of sight of the construction and the sensitivity of the birds nesting). The nest site(s) shall be monitored by a competent biologist periodically to see if the birds are stressed by the. construction activities and if the protective buffer needs to be increased. Once the young have fledged and are flying well enough to avoid project construction zones (typically by August), the project can proceed without further regard to the nest site(s). Mitigation Measure BIO-2: Pre -construction Bat Survey — To avoid "take" of special —status bats, the following mitigation measures shall be implemented prior to the removal of any existing trees or structures on the project site: • A bat habitat assessment shall be conducted by a qualified bat biologist during seasonal periods of bat activity (mid —February through mid —October. Feb. 15 — Apr. 15, and Aug. 15 — October 30), to determine suitability of each existing structure as bat roost habitat. Draft Mitigation Monitoring and Reporting Program — Hacienda Avenue Planned Development Subdivision Page 5 of 11 Mitigation Measure Monitoring Phase Enforcement Agency. Monitoring Agency Action Indicating Compliance Verification of Compliance Initials Date Remarks • Structures found to have no suitable openings can be considered clear for project activities as long as they are maintained so that new openings do not occur. • Structures found to provide' suitable roosting habitat, but without evidence of use by bats, may be sealed until project activities occur, as recommended by the bat biologist. Structures with openings and exhibiting evidence of use by bats shall be scheduled for humane bat exclusion and eviction, conducted during appropriate seasons, and under supervision of a qualified bat biologist. • Bat exclusion and eviction shall only occur between February 15 and April 15, and from August 15 through October 30, in order to avoid take of non-volant (non — flying or inactive, either young, or seasonally torpid) . individuals. OR A qualified wildlife biologist experienced in surveying for and identifying bat species should survey the portion of the mixed oak woodland and mixed riparian habitats if tree removal is proposed to determine if any special — status bats reside in the trees. Any special —status bats identified should be removed without harm. Bat houses sufficient to shelter the number of bats removed should be erected in open space areas that would not be disturbed by project development. Draft Mitigation Monitoring and Reporting Program — Hacienda Avenue Planned Development Subdivision Page 6 of 11 Mitigation Measure Monitoring Phase Enforcement Agency Monitoring Agency Action Indicating Compliance Verification of Compliance Initials Date Remarks Mitigation Measure BIO-3: The following tree protection measures will be implemented to minimize harmful effects to the remaining trees located on or immediately adjacent to the site: • Work within the vicinity of the trees to be retained will be scheduled for fall or winter when trees are dormant or semi -dormant. • Prior to any site preparation or construction work, all trees should have a protective buffer (six feet tall chain link . fence) extending beyond the dripline of the canopy (tree protection zone)(TPZ), or the greatest feasible distance from the trunk as possible. Grading, deposition of fill, equipment storage, removal of soil, irrigation, or any other activities that may be detrimental to the health of the trees are strictly forbidden within the tree protection zone for the duration of site work. It is the ultimately applicants' responsibility to ensure that the fencing remains intact and -that the tree is not damaged during construction. Tree protection locations should be marked before any fence contractor arrives. • 8.5 x 11" signs will be placed on the construction fencing (not on the trunks of the trees) stating that all areas within the fencing are Tree Protection Zones (TPZ) and that disturbance is prohibited. • Pruning of limbs to provide clearance for structures, vehicular traffic, and construction equipment shall be, performed during the fall or winter semi -dormant period and will conform to American National Standards Institute (ANSI) tree pruning standards. All tree pruning Draft Mitigation Monitoring and Reporting Program — Hacienda Avenue Planned Development Subdivision Page 7 of 11 Mitigation Measure Monitoring Phase Enforcement Agency Monitoring Agency Action Indicating Compliance Verification of Compliance Initials Date Remarks or removals shall be performed by a qualified arborist with a-C-61/D-49 California Contractors License. Avoid z aesthetic pruning immediately before, during or after construction impact. Perform only that pruning of dead limbs or those which conflict with the proposed development. • 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. • Engineer site improvements so that water runoff will not slope toward the trunks. In areas where the proposed elevation of nearby development lies above the elevation of the oak tree, swales have been incorporated into the design to direct water away from the oak trees. • Soak the ground beneath the canopy of each tree prior to, during, and right after construction. This deep watering method consists of a slow, all -day soaking within the root zone. • If possible, construct the project with minimal filling, excavating, or trenching within the root zone. Minimize compaction within the root zone to the greatest extent practicable. Keep the elevation of the soil surface at the existing level within the protected area around the trunk. Do not stockpile any construction material within the root zone, even temporarily. • Should any roots need to be severed during construction, Draft Mitigation Monitoring and Reporting Program — Hacienda Avenue Planned Development Subdivision Page 8 of I I Action Verification of Mitigation Measure Monitoring Enforcement Monitoring Indicating Compliance Phase Agency Agency Compliance Initials Date Remarks cover any exposed or cut roots with burlap, soil or mulch as soon as possible until the native soil can be backfilled. If possible, use sharp tools (chainsaw or axe) for pruning roots. Using hand tools will help to heal the wounded roots more quickly than pruning with bulldozers, and will better avoid tearing of the roots behind the cuts. If excavation is for installation of underground utilities, roots should be left intact and lines will be treaded underneath the roots. Cultural Resources - CUL Mitigation Measure CUL-L 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 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 Draft Mitigation Monitoring and Reporting Program — Hacienda Avenue Planned Development Subdivision Page 9 of 11 Action Verification of Mitigation Measure Monitoring Enforcement Monitoring Indicating Compliance Phase Agency Agency Compliance Initials Date Remarks 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 the recommendations in the Updated Geotechnical Issuance of Campbell Division Report by Engineering Study, dated April 12, 2018 prepared by Earth Building Structural Systems Pacific. Such recommendations shall be incorporated Permit Engineer or into the project's final engineering design to prevent ponding Compliance of water in or near the building, ensure the conveyance of Statement by storm water away from the building, and avoid the saturation cal Consultant Consultant 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. Hazards and Hazardous Materials - HAZ Mitigation Measure IIAZ 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. Draft Mitigation Monitoring and Reporting Program — Hacienda Avenue Planned Development Subdivision Page 10 of 11 Action Verification of Mitigation Measure Monitoring Enforcement Monitoring Indicating Compliance Phase agency Agency Compliance Initials Date Remarks Noise - NOI Mitigation Measure NOI-1: The following measures shall be Prior to City of Building Assessment implemented during construction: Issuance of Campbell Division Report by Building Structural • Notify the City and neighbors in advance of the schedule Permit Engineer or for each major phase of construction and expected loud Compliance activities or impulsive noise activities (e.g., nail guns Statement by during framing). Acoustical Consultant • When feasible, select "quiet" construction methods and equipment. Examples include: 1) using electrical service rather than portable power generators and 2) using rollers rather than vibratory compactors. • Locate noisy stationary equipment (e.g., compressors) and material unloading and staging areas away from the nearest adjacent uses, such as the Luika Place residences to the southwest and west of the project site. Mitigation Measure NOI-2: The following measures shall be implemented during construction: • Require posted signs at the construction site, which provide the permitted construction days and hours, a day and evening contact number for the job site and a day and evening contact number for the City in the event of problems. • Notify the City and neighbors in advance of the schedule for each major phase of construction and expected loud activities or impulsive noise activities (e.g., nail guns Draft Mitigation Monitoring and Reporting Program — Hacienda Avenue Planned Development Subdivision Page 11 of 11 Mitigation, Measure Monitoring Phase Enforcement Agency Monitoring Agency Action Indicating - Compliance Verification of Compliance Initials Date FRemarks .during framing). • When feasible, select "quiet" construction methods and equipment. Examples include: 1) using electrical service rather than portable power generators and 2) using rollers rather than vibratory compactors. • Locate noisy stationary equipment (e.g.,-compressors) and material unloading and staging areas away from the nearest adjacent uses, such as the Luika Place residences to the southwest and west of the project site. • Require that all construction equipment (e.g., excavators, backhoes) be in good working order and that mufflers are installed and functioning properly. Avoid unnecessary idling of diesel engines. • Designate a Construction Noise Coordinator. The designated Construction Noise Coordinator would-be responsible for posting the required signs, explaining the construction timeline, responding to potential complaints from neighbors, and managing noise through appropriate work practices or other measures.