PC Res 4535RESOLUTION NO. 4535.
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL RECOMMENDING THAT THE CITY
COUNCIL ADOPT A MITIGATED NEGATIVE DECLARATION
FOR THE PARKVIEW MIXED USE DEVELOPMENT PROJECT,
CONSISTING OF A ZONING MAP AMENDMENT (PLN2016-383),
PLANNED DEVELOPMENT PERMIT (PLN2016-378),
TENTATIVE SUBDIVISION MAP (PLN2016-380), AND TREE
REMOVAL PERMIT (PLN2016-382), FOR PROPERTY LOCATED
AT 540, 558 AND 566 EAST CAMPBELL AVENUE AND 24 AND
34 DILLON AVENUE. FILE NO.: PLN2016-381
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
(PLN2016-381) provides full and adequate environmental review of the Parkview Mixed
Use Development Project consisting of a Zoning Map Amendment (PLN2016-383),
Planned Development Permit (PLN2016-378), Tentative Subdivision Map (PLN2016-
380), and Tree Removal Permit (PLN2016-382).
The Planning Commission thereby finds as .follows with regard to , recommended
adoption of a Mitigated Negative Declaration (PLN2016-381).
1. The proposed project, the Parkview Mixed Use Development Project ("Project"),
consists of an application for a Zoning Map Amendment (PLN2016-383) to amend
the Campbell Zoning Map to rezone the, project site from P-D (Planned
Development) to C-P-D (Condominium Planned Development); a Planned
Development Permit with Density Bonus (PLN2016-378) to allow construction of a
mixed -use development project consisting of 59 residential condominium units, two
commercial spaces totaling 6,512 square feet, and associated improvements; a
Tentative Subdivision Map (PLN2016-380) to create 59 "air space" residential
condominium unit parcels, one commercial unit parcel, and one common lot with
associated site improvements; and a Tree Removal Permit (PLN2016-382) to allow
removal of on -site protected trees.
2. The project site consists of five parcels located at 540, 558 and 566 East Campbell
Avenue and 24 and 34 Dillon Avenue that would be merged as part of the tentative
subdivision map.
3. The project site is developed with a vacant auto center, a music store, and two
unoccupied residential structures, all of which would be demolished as part of the
proposed project.
Planning Commission Resolution No. 4535 Page 2 of 5
Recommending Adoption of a Mitigated Negative Declaration (MND)
540, 558 and 566 East Campbell Avenue and 24 and 34 Dillon Avenue
File No.: PLN2016-381
4. The subject property was not included on the Department of Toxic Substances
Control's EnviroStor website at the time of this Initial Study'.
5. The proposed project (Campbell Village T10000011061) is included on the State
Water Resources Control Board's geotracker website2 since the applicant has
requested regulatory oversight through the County of Santa Clara Department of
Environmental Health (DEH)'s Voluntary Cleanup Program. The DEH is overseeing
the investigative activities and mitigation necessary to protect human health.
6. 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").
7. The Initial Study/Mitigated Negative Declaration concluded that implementation of
the Project could result in a certain significant effect(s) on the environment and
identified mitigation measure(s) that would reduce the significant effect(s) to a less -
than -significant level.
8. 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.
9. 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.
10. 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.
https:Hwww.envirostor.dtsc.ca.gov/public/ accessed March 29, 2019
z http:/./�-,eotracker.waterboards.ca.aov! accessed March 29, 2019
Planning Commission Resolution No. 4535 Page 3 of 5
Recommending Adoption of a Mitigated Negative Declaration (MND)
540, 558 and 566 East Campbell Avenue and 24 and 34 Dillon Avenue
File No.: PLN2016-381
11. 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.
12. 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.
13. The project will not have the potential to degrade the quality of the environment,
substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife
population to drop below self-sustaining levels, threaten to eliminate a plant or
animal community, substantially reduce the number or restrict the range of a rare or
endangered plant or animal or eliminate important examples of the major periods of
California history or prehistory, with inclusion of mitigation measures.
14. The project will not have significant impacts that are individually limited, but
cumulatively considerable.
15. The project will not have significant environmental effects which will cause
substantial adverse effects on human beings, either directly or indirectly, with
inclusion of mitigation measures.
16. Responsible / Trustee Agencies that have received a copy of this Initial Study
include:
• Responsible Agency: Santa Clara County Department of Environmental Health
• Responsible Agency: Regional Water Quality Control Board
• Responsible Agency: Santa Clara Valley Water District
• Trustee Agency: California Highway Patrol
• Trustee Agency: Department of Toxic Substances Control
• Trustee Agency: California Department of Transportation
17. 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.
Planning Commission Resolution No. 4535 . Page 4 of 5
Recommending Adoption of a Mitigated Negative Declaration (MND)
540, 558 and 566 East Campbell Avenue and 24 and 34 Dillon Avenue
File No.: PLN2016-381
18. The City of Campbell provided a 48-day public review period of the Mitigated
Negative Declaration pursuant to the California Environmental Quality Act
Guidelines. The public review period was from August 22, 2019 to September 30,
2019.
19. The mitigation measures identified in the Mitigated Negative Declaration are
included as Conditions of Approval of the Planned Development Permit (PLN2016-
378) and the Tentative Subdivision Map (PLN2016-380).
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
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 (PLN2016-381) (attached EXHIBIT A) for
the Parkview Mixed Use Development Project consisting of a Zoning Map Amendment
(PLN2016-383), Planned Development Permit (PLN2016-378), Tentative Subdivision
Map (PLN2016-380), and Tree Removal Permit (PLN2016-382) for property located at
540, 558 and 566 East Campbell Avenue and 24 and 34 Dillon Avenue.
Planning Commission Resolution No. 4535 Page 5 of 5
Recommending. Adoption of a Mitigated Negative Declaration (MND)
540, 558 and 566 East Campbell Avenue and 24 and 34 Dillon Avenue
File No.: PLN2016-381
PASSED AND ADOPTED this 22nd day of October, 2019, by the following roll call vote:
AYES:
Commissioners
NOES:
Commissioners
ABSENT:
Commissioners
ABSTAIN:
Commissioners
Buchbinder, Hines Krey, Ostrowski, and Rivlin
None
None
Ching
APPROVED:
ATTEST:
Paul Kermoyan, Secretary