CC Resolution 12457RESOLUTION NO. 12457
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL ADOPTING 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 City Council 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 City.Council 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.
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.
City Council Resolution 12457
Adopting a Mitigated Negative Declaration (MND)
1631 Hacienda Avenue — File No.: PLN2018-159
Page 2 of 3
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 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 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' '
City Council Resolution 12457 Page 3 of 3
Adopting a Mitigated Negative Declaration (MND)
1631 Hacienda Avenue - File No.: PLN2018-159
Based upon the foregoing findings of fact, the City Council further finds and concludes that:
1. 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
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 adopts 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 18th day of June, 2019, by the following roll call,vote:
AYES: COUNCILMEMBERS: Resnikoff, Bybee, Gibbons, Landry, Waterman
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
APPROVED:
Richard. M. Waterman, Mayor
ATTEST: o
Wendy d, City Clerk
Exhibit A
of CAft,
(,kcn ARV `.
CITY OF CAMPBELL
Colnnil.tllity 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-179 (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: Hacienda Street Holdings LLC
c/o Sachneel Patel
225 Demeter Street
East Palo Alto, CA 94303
70 North First Street • Campbell, CA 95008-1423 • TEL (408) 866-2140 • FAY (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 danielf a cityofcampbell.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 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: 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.
• ' 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:
Mitigated Negative Declaration — Hacienda Avenue Planned Development Subdivision Page 3 of 7
• At - 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 phone number shall also be visible to ensure compliance with
applicable regulations.
Mitigation MeasureAQ-3: The following measures shall be adhered during constructions:
0 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 powet 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 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 I I" 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 NegativeDeclaration — 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.
0 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.
0 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:
• 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 fled 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.
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
November 20, 2018
DATE
(-11 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-- HaciendaAvenuePlanned-Development Subdivision- -- Page 2 of 1L—
• 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 1-1--
Action
Verification of
Mitigation Measure
g.
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.
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• 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.
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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.
i
• 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 I I" 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
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or 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,
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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-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
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
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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 riot 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
Geotechnical
of foundation soils. The project shall use standard
Consultant
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 S4Z--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.
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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
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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.
G
• 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
f
work practices or other measures.