CC Resolution 12461RESOLUTION NO. 12461
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ADOPTING A MITIGATED NEGATIVE DECLARATION FOR THE 1429-
1445 WESTMONT AVENUE . SUBDIVISION, CONSISTING OF A
ZONING, MAP AMENDMENT (PLN2018-237), PLANNED
DEVELOPMENT PERMIT (PLN2018-215), TENTATIVE SUBDIVISION
MAP (PLN2018-236), AND TREE REMOVAL PERMIT (PLN2018-239),
FOR PROPERTY LOCATED AT 1429 AND 1445 WESTMONT
AVENUE.
FILE NO.: PLN2018-238
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 1429-1445 Westmont -Avenue Subdivision, consisting of a Zoning Map Amendment
(PLN2018-237), Planned Development Permit (PLN2018-215), Tentative Subdivision Map
(PLN2018-236), and Tree Removal Permit (PLN2018-239).
The City Council thereby finds as follows with regard to the adoption of a Mitigated Negative
Declaration (PLN2018-238).
1. The proposed project is application for a Zoning Map Amendment Zoning Map
Amendment (PLN20187-237) to rezone the project site from R-1-6 (Single -Family
Residential) to P-D (Planned Development); a Planned- Development Permit (PLN2018-
215) to allow construction of six two-story single-family homes, a new private street, and
associated site and landscaping improvements; a Tentative Subdivision Map (PLN2018-'
236) to create six private lots and one common lot, and associated public and private
easements and allow the vacation of excess public right of way; and a Tree Removal
Permit (PLN2018-239) to allow removal of on -site protected trees.
2. The approximately 1.25 acre project site is comprised of two single-family properties (1429
& 1445 Westmont Avenue) that are located on the north side of Westmont Avenue,
between Harriet Avenue and Jasmine Court. The properties are developed with single -
story single-family homes, several accessory structures, (i.e. shed, gazebo, and garage),
and 21 trees (spanning both lots) which are all proposed to be removed.
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 12461 Page 2 of 3
Adopting a Mitigated Negative Declaration (MND)
1429 and 1445 Westmont Avenue — File No.: PLN2018-238
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 71.1.2 of the California Department of Fish and Game
Code.
12. There are no responsible agencies or trustee agencies responsible for resourcesaffected
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 provideda 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 April 24, 2019 to May 14, 2019.
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 12461 Page 3 of 3
Adopting a Mitigated Negative Declaration (MND)
1429 and 1445, Westmont Avenue - File No.: PLN2018-238,
Based upon the foregoing findings of fact, the City Council 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 StudyNitigated 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 (PLN2018-238) (attached EXHIBIT A) for the 1429-1445 Westmont Avenue
Subdivision, consisting of a Zoning Map Amendment (PLN2018-237), Planned Development
Permit (PLN2018-215), Tentative Subdivision Map (PLN2018-236), and Tree Removal Permit
(PLN2018-239), for property located at 1429 & 1445 Westmont 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: ZAJ
Ri and M. Waterman, Mayor
ATTEST:
Wendy Uood, City Clerk
Exhibit A
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p'ka'ra.aac7-
CITY or CAMPBELL
Community Development Department
MITIGATION MONITORING AND REPORTING PROGRAM
1429 —1445 Westmont Avenue Subdivision
Action
Verification of
Mitigation Measure
Monitoring
Enforcement
Monitoring
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Phase
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Air Quality - AIR
Mitigation Measure AQ-1: The project shall be developed in
Site
City of
Public-
Periodic
conformance with the following standard BAAQMD dust
Preparation
Campbell
Works
Compliance
control measures to reduce dustfall emissions:
and
Department
Report
Construction
and
• All active construction areas shall be watered
Building
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twice daily or more often if necessary. Increased
Division
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,
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exposed portions of the Site shall be watered,
landscaped, treated with soil stabilizers, or
covered as soon as possible.
• Installation of sandbags or other erosion control.
measures to prevent silt runoff to public roadways.
• 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
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Site
City of
Building
Periodic
Mitigation Measure BIO-L Pre -demolition Bat Survey.
Preparation
Campbell
Division
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Compliance
Avoidance measures that protect bat species from possible
and
Report
direct mortality would be warranted. Therefore, the project
Construction
—
applicant shall .implement the following measures to ensure
that mortality to special status bats from future ground
disturbances and demolition of existing buildings 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
residences, out -buildings, and potentially
suitable trees (if any) 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
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attic spaces), a night emergence survey may be
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: Nesting Migratory Bird Survey.
Avoidance measures that protect nesting migratory bird
species from possible direct mortality will be warranted.
Project -related activities (i.e. demolition, construction and/or
tree removal) 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, 1 st through August
31 st), preconstruction 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,
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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
Mitigation Monitoring and Reporting Program —1429 — 1445 Westmont Avenue Subdivision - Page 5 of 10
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dimensions of the buffer is to be determined by a qualified
biologist.
Mitigation Measure BIO-3: Tree Protection Measures. 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 1 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
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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 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
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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.
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
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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.
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.
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Noise - NOI
Prior to
City of
Building
Assessment
Mitigation Measure NOI-1: The following measures shall be
Issuance of
Campbell
Division
Report by
implemented during all phases of the project (e.g. demolition,
Building
Structural
grading, and construction):
Permit
Engineer or
r
Compliance -
Notify the City and neighbors in advance of the
Statement by
schedule for each major phase of the project (e.g.
Acoustical
mass grading, compaction, rough framing) and
Consultant
expected loud activities or impulsive noise
activities (e.g., nail guns during framing).
• When feasible, select "quieter" 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.
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.
Mitigation Monitoring and Reporting Program — 1429 — 1445 Westmont Avenue Subdivision Page 10 of 10
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• 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.
• 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.