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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 --------- -- 0 4t1 — — 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 Indicating Compliance Phase Agency Agency Compliance Initials Date Remarks 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 - 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, Mitigation Monitoring and Reporting Program —1429 — -1445 Westmont Avenue Subdivision - Page 2 of 10 - _ Action Verification of Mitigation Measure Monitoring Enforcement Monitoring Indicating Compliance Phase Agency Agency Compliance i Initials Date Remarks 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 _ _ - Mitigation Monitoring and Reporting -Program --1429 — 1445 Westmont Avenue Subdivision - - - -- Page 3 of-10- - • Mitigation Measure Monitoring Phase - Enforcement Agency Monitoring Agency Action Indicating Compliance Verification of Compliance Initials Date Remarks Site City of Building Periodic Mitigation Measure BIO-L Pre -demolition Bat Survey. Preparation Campbell Division - 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 Mitigation Monitoring and Reporting Program —1429 — 1445- Westmont Avenue Subdivision Page 4 of -10 . Mitigation Measure Monitoring Phase Enforcement Agency Monitoring Agency Action .Indicating Compliance Verification of Compliance Initials Date Remarks 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, - 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 r Mitigation Measure Monitoring Phase Enforcement Agency Monitoring Agency Action Indicating Compliance Verification of Compliance Initials Date Remarks 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 Mitigation Monitoring and Reporting Program —1429 — 1445 Westmont Avenue Subdivision Page 6 of 10 - Mitigation Measure Monitoring Phase Enforcement Agency Monitoring Agency Action Indicatin g Compliance Verification of Compliance Initials Date Remarks 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 Mitigation Monitoring and Reporting Program — 1429 --1445 Westmont Avenue Subdivision Page 7 of 10 Action Verification of Mitigation Measure Monitoring Enforcement Monitoring Indicating Compliance Phase Agency Agency Compliance Initials Date Remarks 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 Mitigation Monitoring and Reporting Program —1429 — 1445_Westmont Avenue Subdivision - - Page 8 of 10- - - Action Verification of Mitigation Measure Monitoring Enforcement Monitoring Indicating Compliance Phase Agency Agency Compliance Initials Date Remarks 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. Mitigation Monitoring and Reporting Program —1429 — 1445_Westmont Avenue Subdivision - - Page 9 of -10 - Action Verification of Mitigation, Measure Monitoring Enforcement Monitoring Indicating Compliance Phase Agency Agency Compliance Initials Date Remarks 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 . Mitigation Measure Monitoring Phase Enforcement Agency Monitoring Agency Action Indicating Compliance Verification of Compliance Initials Date Remarks • 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.