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PC Res 4548 - Correction to vote RESOLUTION NO. 4548 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL ADOPTING A MITIGATED NEGATIVE DECLARATION FOR THE CHICK-FIL-A CAMPBELL PROJECT LOCATED AT 2060 S. BASCOM AVENUE. File No. PLN2018-206 After notification and public hearing, as specified by law, and after presentation by the Community Development Director, proponents and opponents, the Planning Commission did determine that the adoption of a Mitigated Negative Declaration provides full and adequate environmental review of the Chick-Fil-A Campbell Project consisting of a Conditional Use Permit with Site and Architectural Review (PLN2018-206), and Tree Removal Permit (PLN2018-207). The Planning Commission thereby finds as follows with regard to adoption of a Mitigated Negative Declaration (PLN2018-206). 1. The Proposed Project is an application for a Conditional Use Permit with Site and Architectural Review to allow construction of a 4,554 square-foot fast-food restaurant with a 84-seat interior dining area, a 16-seat outdoor dining area, a 19- vehicle drive-through lane with outdoor activities (drive-up window), and associated site, lighting, parking, refuse collection, and landscaping improvements (PLN2018- 206); a Tree Removal Permit to allow removal of protected on-site trees (PLN2018- 207); and adoption of a Mitigated Negative Declaration (PLN2018-206), on property located at 2060 S. Bascom Avenue in the C-2 (General Commercial) Zoning District, subject to the attached Conditions of Approval (Exhibit A). 2. The Project site consists of a 46,540 square foot parcel located at 2060 S. Bascom Avenue, at the southeast corner of South Bascom Avenue and Arroyo Seco Drive. 3. The Project Site is within the C-2 (General Commercial) Zoning District as shown on the City of Campbell Zoning Map. 4. The Project Site is designated General Commercial as shown on the General Plan Land Use Diagram. 5. The subject property was not included on the Department of Toxic Substances Control’s EnviroStor website or the State Water Resources Control Board’s geotracker website, at the time of this Initial Study. 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"). Planning Commission Resolution No. 4548 Page 2 of 4 Mitigated Negative Declaration (MND) 2060 S. Bascom Avenue – Chick-fil-A Campbell 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 (MMRP) to ensure compliance with the mitigation measures during project implementation, and such a MMRP 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 Planning Commission is the decision-making body that may grant approval to undertake the Project. 11. The Planning Commission has reviewed and considered the Initial Study/Mitigated Negative Declaration for the Project and approved the Project in compliance with CEQA. 12. The Mitigated Negative Declaration for the Project is incorporated into this Resolution as "Exhibit A". 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. Planning Commission Resolution No. 4548 Page 3 of 4 Mitigated Negative Declaration (MND) 2060 S. Bascom Avenue – Chick-fil-A Campbell 16. Responsible / Trustee Agencies that have received a copy of this Initial Study include:  Trustee Agency: Santa Clara County Department of Environmental Health  Trustee Agency: Santa Clara Valley Transportation Authority 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. 18. The City of Campbell provided a 20-day public review period of the Mitigated Negative Declaration pursuant to the California Environmental Quality Act. The public review period was from October 23, 2019 to November 12, 2019. 19. The mitigation measures identified in the Mitigated Negative Declaration are included as Conditions of Approval of the Conditional Use Permit with Site and Architectural Review (PLN2018-206), and Tree Removal Permit (PLN2018-207). Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The Planning Commission has independently reviewed and analyzed the Initial Study/Mitigated Negative Declaration and other information in the record and has considered the information contained therein, prior to acting upon or approving the Project. 2. The Initial Study/Mitigated Negative Declaration prepared for the Project has been completed in compliance with CEQA and consistent with state and local guidelines implementing CEQA. 3. The Initial Study/Mitigated Negative Declaration represents the independent judgment and analysis of the City of Campbell as lead agency for the Project. 4. Based upon the entire record of the proceedings held before the Planning Commission and all information received that there is no substantial evidence that the Project will have a significant effect on the environment. 5. The Initial Study/Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program for the Project are on file with the Campbell Community Development Department, as Custodian, located at Campbell City Hall, 70 North First Street, Campbell, CA 95008 and are available for inspection by any interested person. 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: Chick-Fil-A Campbell   File Number(s): PLN2018-206 (CUP, S&A, CEQA) and PLN2018-207 (TRP) Project Address: 2060 S. Bascom Ave Project Applicant: Chick-Fil-A Zoning District: C-2 (General Commercial) General Plan Designation: General Commercial Lead Agency: City of Campbell Contact Person: Cindy McCormick Date Posted: October 22, 2019 Project Location and Surrounding Land Use: The 46,540 square foot project site is located on the corner of Bascom Avenue and Arroyo Seco Drive, south of East Campbell Avenue. Nearby uses include small shopping complexes to the north, south, and west as well as a large office complex to the west. Several other office and commercial businesses are located in the immediate vicinity along the Bascom Avenue corridor. The site also backs up to residential homes to the east. Project Description: The proposed project includes a new 4,554 square foot [revised from Draft MND] fast food restaurant (Chick-fil-A) and demolition of an existing ~5,358 square foot restaurant (Denny’s). Chick-fil-A’s typical operational hours are 6:00 a.m. to 11:00 p.m. Monday through Saturday (closed Sunday). The use, as currently proposed, would not include late night hours or alcohol service. A condition of approval would prohibit “late night” deliveries between 11:00 p.m. and 6:00 a.m. unless approved through the conditional use permit process. Most of Chick-fil-A’s business is during lunch, with a large percentage of the business coming from drive- through service. During peak lunch hours (~11:00 a.m. to 2:00 p.m.), Chick-fil-A staff will provide “face-to-face” service to queuing drivers to expedite service. During off-peak hours, patrons order food through one of two menu boards that are located under a covered canopy. The proposed drive- through lane would accommodate up to 20 vehicles. Fifty-four (54) parking stalls [revised from Draft MND] are located to the sides and rear of the existing restaurant. Project Entitlements: The project requires a Conditional Use Permit, Site and Architectural Review Permit, Tree Removal Permit, and CEQA review. Other public agencies whose approval is required: Valley Transportation Authority (VTA) Exhibit A - Mitigated Negative Declaration (MND) Page 2 of 9 2060 S. Bascom Avenue – Chick-fil-A Campbell PUBLIC REVIEW PERIOD The Initial Study and Mitigation Monitoring Program is available for review from 8:00 AM to 5:00 PM at the Campbell Community Development Department, City Hall, 70 North First Street, Campbell, CA and online at http://www.cityofcampbell.com/501/Public-Notices under 'Environmental Notices'. Any person may file a written protest of the draft Mitigated Negative Declaration and/or Mitigation Monitoring Program during the public comment period running from October 23, 2019 through November 11, 2019 (closing at 5:00 PM). Such protest must be filed at the Community Development Department, City Hall, 70 North First Street, Campbell, California. The written protest should make a "fair argument" that the project will have one or more significant effects on the environment based on substantial evidence. Determination: On the basis of this initial study, and incorporation of the recommended mitigation measures into the project design: 1. I find that the project could not have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. 2. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. 3. I find the proposed project may have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. 4. I find that the proposed project may have a “potentially significant impact” or “potentially significant unless mitigated impact” on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. 5. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or Negative Declaration pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Cindy McCormick, Senior Planner PROJECT PLANNER City of Campbell AGENCY ___________________________________ SIGNATURE DATE Exhibit A - Mitigation Monitoring Reporting Program (MRP) Page 1 of 11 2060 S. Bascom Avenue – Chick-fil-A Campbell Mitigation Measure Monitoring Phase Enforcement Agency Monitoring Agency Action Indicating Compliance Compliance Verification Date / Initials Remarks Air Quality - AIR Air Quality Mitigation Measure AQ-1: The project shall implement all of the BAAQMD’s Basic Construction measures, as follows: AQ-1.1: All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day, unless otherwise directed by the Site Management Plan. AQ-1.2: All haul trucks transporting soil, sand, or other loose material off-site shall be covered. AQ-1.3: 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. AQ-1.4: All vehicle speeds on unpaved roads shall be limited to 15 mph. AQ-1.5: All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. AQ-1.6: Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of Site Preparation and Construction City of Campbell Public Works Department and Building Division Periodic Compliance Report Exhibit A - Mitigated Negative Declaration (MND) Page 2 of 9 2060 S. Bascom Avenue – Chick-fil-A Campbell Mitigation Measure Monitoring Phase Enforcement Agency Monitoring Agency Action Indicating Compliance Compliance Verification Date / Initials Remarks California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points. AQ-1.7: 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. AQ-1.8: 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. Air Quality Mitigation Measure AQ-2: To minimize odors from food preparation, the project applicant or project contractor shall install a CaptiveAire Pollution Control Unit (PCU). The installed PCU shall be optioned to include the odor control module and, at minimum, shall be rated to have an initial removal efficiency of over 70 percent. The project applicant and/or business owner shall replace filters per manufacturer recommendations. Prior to issuance of the Certificate of Occupancy, the City of Campbell shall verify, to its satisfaction, the proper installation of the PCU. Construction City of Campbell Building and Planning Division Periodic Compliance Report Exhibit A - Mitigated Negative Declaration (MND) Page 3 of 9 2060 S. Bascom Avenue – Chick-fil-A Campbell Mitigation Measure Monitoring Phase Enforcement Agency Monitoring Agency Action Indicating Compliance Compliance Verification Date / Initials Remarks Biological Resources - BIO Biological Resources Mitigation Measure BIO-1: Prior to site clearance, the project applicant shall retain a qualified biologist to conduct preconstruction nesting bird surveys as follows: If tree removal would occur during the nesting season (February 1 to August 31), preconstruction surveys shall be conducted no more than 14 days prior to the start of tree removal or construction. Preconstruction surveys shall be repeated at 14-day intervals until construction has been initiated in the area after which surveys can be stopped. Locations of active nests containing viable eggs or young birds of protected bird species shall be documented and protective measures implemented under the direction of the qualified biologist until the nests no longer contain eggs or young birds. Protective measures shall include establishment of clearly delineated exclusion zones (i.e., demarcated by identifiable fencing, such as orange construction fencing or equivalent) around each nest location as determined by a qualified biologist, taking into account the species of birds nesting, their tolerance for disturbance, and proximity to existing development. In general, exclusion zones shall be a minimum of 300 feet for raptors and 75 feet for passerines and other birds. The active nest within an exclusion zone shall be monitored on a weekly basis throughout the nesting season to identify signs of disturbance and confirm nesting status. The radius of an exclusion zone may be increased by the qualified biologist if project activities are determined to be adversely affecting the nesting birds. Exclusion zones may be reduced by the qualified Site Preparation and Construction City of Campbell Building Division Periodic Compliance Report Exhibit A - Mitigated Negative Declaration (MND) Page 4 of 9 2060 S. Bascom Avenue – Chick-fil-A Campbell Mitigation Measure Monitoring Phase Enforcement Agency Monitoring Agency Action Indicating Compliance Compliance Verification Date / Initials Remarks biologist only in consultation with CDFW. The protection measures shall remain in effect until the young have left the nest and are foraging independently or the nest is no longer active. No surveys are required before vegetation disturbance between September 1 and January 31, that is, outside of the nesting season. Cultural Resources - CUL Cultural Resources Mitigation Measure CUL-1: If archaeological, paleontological, or tribal 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. Cultural Resources 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 Site Preparation and Construction City of Campbell Building Division Periodic Compliance Report Exhibit A - Mitigated Negative Declaration (MND) Page 5 of 9 2060 S. Bascom Avenue – Chick-fil-A Campbell Mitigation Measure Monitoring Phase Enforcement Agency Monitoring Agency Action Indicating Compliance Compliance Verification Date / Initials Remarks 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. Geology and Soils – GS Geology and Soils Mitigation Measure GEO-1: The applicant shall comply with the recommendations in the Geotechnical Evaluation, dated February 20, 2018 by Giles Engineering Associates. Such recommendations shall be incorporated into the project’s final engineering design as submitted to the CampbellBuilding Division for issuance of a building permit. The project shall use standard engineering techniques and conform to the requirements of the International Building Code to reduce the potential for seismic damage and risk to future occupants. Site Preparation and Construction City of Campbell Public Works Department and Building Division Periodic Compliance Report Exhibit A - Mitigated Negative Declaration (MND) Page 6 of 9 2060 S. Bascom Avenue – Chick-fil-A Campbell Mitigation Measure Monitoring Phase Enforcement Agency Monitoring Agency Action Indicating Compliance Compliance Verification Date / Initials Remarks Hazards and Hazardous Materials - HAZ 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. Prior to Issuance of Demolition Permit City of Campbell Building Division Assessment Report by Qualified Contractor Mitigation Measure HAZ-2: The applicant shall comply with all applicable laws and regulations governing the use, storage, transportation, and disposal of clean soil, contaminated soil, hazardous waste/materials, or other regulated waste/materials to ensure that all potentially hazardous materials are used and handled in an appropriate manner and would minimize the potential for safety impacts. Throughout the life of the Project City of Campbell Panning and Building Division, County Fire, and Department of Environmental Health Site Visit Mitigation Measure HAZ-3: Prior to issuance of a demolition or grading permit, the applicant shall obtain a Phase II Environmental Site Assessment (ESA) to determine if a vapor encroachment condition (VEC) exists on the subject property and shall submit it to the Community Development Director for review. Prior to Issuance of Demolition Permit City of Campbell Planning Division Submittal of Phase II ESA Phase II ESA report received October 23, 2019 in compliance with Mitigation Measure HAZ-3. Exhibit A - Mitigated Negative Declaration (MND) Page 7 of 9 2060 S. Bascom Avenue – Chick-fil-A Campbell Mitigation Measure Monitoring Phase Enforcement Agency Monitoring Agency Action Indicating Compliance Compliance Verification Date / Initials Remarks Mitigation Measure HAZ-4: If a vapor encroachment condition (VEC) exists on the subject property, the applicant shall contact the Santa Clara County Department of Environmental Health (DEH) to determine the appropriate actions necessary to mitigate potentially significant impacts to groundwater resources, human health, safety, and the environment. The applicant shall provide the DEH with sufficient data to adequately evaluate soil, groundwater, and soil vapor. Mitigation Measure HAZ-5: Prior to issuance of a demolition or grading permit, the proposed mitigation actions shall be submitted to the Community Development Director for review and approval. The applicant shall work in collaboration with the City and the DEH to facilitate an efficient and effective site remediation plan. Mitigation Measure HAZ-6: Prior to the issuance of building permits, the remediation plan shall be approved by the Santa Clara County Department of Environmental Health. Mitigation Measure HAZ-7: The applicant shall obtain all required permits, licenses, and/or other clearances, and shall comply with all orders, laws, regulations, and/or other requirements of all applicable regulatory and/or enforcement agencies, such as, but not limited to the Santa Clara County Department of Environmental Health, the California Highway Patrol, the California Department of Transportation, Water and Air Quality Control Boards, Valley Water, County Fire Prior to Issuance of Demolition Permit City of Campbell Planning Division and Santa Clara County Department of Environmental Health (DEH) Review of Phase II ESA Phase II ESA report received October 23, 2019 in compliance with Mitigation Measure HAZ-3. 10/24/2019; CSM The Phase II ESA did not find a significant environmental impact related to Hazards or Hazardous Materials. The Santa Clara County Department of Environmental Health reviewed the Phase II ESA and determined that no further Exhibit A - Mitigated Negative Declaration (MND) Page 8 of 9 2060 S. Bascom Avenue – Chick-fil-A Campbell Mitigation Measure Monitoring Phase Enforcement Agency Monitoring Agency Action Indicating Compliance Compliance Verification Date / Initials Remarks Department, the Department of Toxic Substances Control (if applicable), etc. Mitigation Measure HAZ-8: Prior to issuance of the Certificate of Occupancy, the applicant shall obtain written confirmation via a Closure Letter from the Santa Clara County Department of Environmental Health that certifies that no further action is required. action is needed per the Santa Clara County Department of Environmental Health in compliance with Mitigation Measures HAZ-4 through HAZ-8.Hydrology and Water Quality - HWQMitigation Measure HWQ-1: Prior to issuance of any grading or building permits, the applicant shall comply with all requirements of the City of Campbell Public Works Department, including but not limited to the National Pollution Discharge Elimination System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and the Campbell Municipal Code. Prior to Issuance of Grading or Building Permit City of Campbell Public Works Department and Building Division Periodic Compliance Report Exhibit A - Mitigated Negative Declaration (MND) Page 9 of 9 2060 S. Bascom Avenue – Chick-fil-A Campbell Mitigation Measure Monitoring Phase Enforcement Agency Monitoring Agency Action Indicating Compliance Compliance Verification Date / Initials Remarks Transportation and Traffic - TT Transportation/Traffic Mitigation Measure TT-1: The project applicant shall reduce the size of the proposed project by 300 square feet (from 4,998 to 4,698 square feet) in order to reduce the number of anticipated vehicle trips using the southbound left-turn lane to a degree where the resulting queue length would be adequately accommodated within the storage length available. Prior to Issuance of Building Permit City of Campbell Planning and Building Division Periodic Compliance Report 11/6/2019; CSM Revised plans were revised on November 6, 2019. The Project now includes a 4,554 square foot building in compliance with Mitigation Measure TT-1.