CC Resolution 12653 RESOLUTION NO. 12653
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL ADOPTING A MITIGATED NEGATIVE DECLARATION
FOR THE EAST MOZART AVENUE PLANNED DEVELOPMENT
SUBDIVISION PROJECT, CONSISTING OF A ZONING MAP
AMENDMENT, PLANNED DEVELOPMENT PERMIT, TENTATIVE
VESTING SUBDIVISION MAP, AND TREE REMOVAL PERMIT FOR
PROPERTY LOCATED AT 16179 E. MOZART AVENUE.
FILE NO.: PLN2019-148
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 of the East Mozart Avenue Planned Development Subdivision project ("Proposed
Project"), consisting of a Zoning Map Amendment, Planned Development Permit, Tentative
Vesting Subdivision Map, and Tree Removal Permit.
The City Council thereby finds as follows with regard to adoption of a Mitigated Negative
Declaration:
1. The Proposed Project is an application for a Zoning Map Amendment to rezone the
Project Site from R-1-6 (Single-Family Residential) to P-D (Planned Development); a
Planned Development Permit to allow construction of 25 single-family homes, five
accessory dwelling units (4 detached and one interior), a new private street, and
associated site, parking, and landscaping improvements; a Density Bonus to allow an
32.5% increase in the allowable density, use of State parking standards, and provision of
two Very Low Income below-market-rate (BMR) units; a Tentative Vesting Subdivision
Map to create 25 private lots and four common lots, and associated public and private
easements; and a Tree Removal Permit to allow removal of 17 on-site protected trees.
2. The Project Site consists of an approximately 3.15-acre parcel located along E. Mozart
Avenue, west of Bascom Avenue and north of Highway 85.
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 potentially significant effects on the environment and identified
mitigation measures that would reduce the significant effects to a less-than-significant level.
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
City Council Resolution 12653 Page 2 of 3
Adopting a Mitigated Negative Declaration (MND)
16179 E. Mozart Avenue
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 Proposed Project, and the City Council is
the decision-making body, upon recommendation by the Planning Commission, that may
grant approval to undertake the Proposed Project.
9. The City Council has reviewed and considered the Initial Study/Mitigated Negative
Declaration and related Mitigation Monitoring and Reporting Program for the Proposed
Project and has recommended that the City Council approve the Proposed Project in
compliance with CEQA.
10. By inclusion as "Exhibit A" the Mitigated Negative Declaration and the Mitigation
Monitoring and Reporting Program for the Project are incorporated into this Resolution.
11. The Proposed 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 Metro
Silicon Valley, a local newspaper of general circulation; provided by mailed notice 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 September 23, 2020 to October 13, 2020.
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.
16. As the Mitigated Negative Declaration was circulated after July 1, 2020, transportation
impacts of the Proposed Project were evaluated using the vehicle miles traveled (VMT)
methodology consistent with SB 743 (2013), codified in Public Resources Code section
21099 and CEQA Guidelines section 15064.3.
City Council Resolution 12653 Page 3 of 3
Adopting a Mitigated Negative Declaration (MND)
16179 E. Mozart Avenue
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 (attached EXHIBIT A) for the East Mozart Avenue Planned Development
Subdivision project, consisting of a Zoning Map Amendment, Planned Development Permit,
Tentative Vesting Subdivision Map, and Tree Removal Permit for property located at 16179 E.
Mozart Avenue
PASSED AND ADOPTED this 17th day of November, 2020, by the following roll call vote:
AYES: COUNCILMEMBERS: Waterman, Bybee, Resnikoff, Gibbons, Landry
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
RON5E-Evn .,,Hf1/4..CLCOOLIko
Susan M. Landry, Mayor
ATTEST: (4/4,Llz r ./,6h
Andrea S. ••ers, Acting City Clerk
Exhibit A
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CITY OF CA MP:BELL
Community 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: East Mozart Avenue Planned Development Subdivision
Project Address: 16179 E.Mozart Avenue, Campbell, CA.95008
City File No.: PLN2019-148
Entitlement(s): Zoning Map Amendment: To amend the Campbell Zoning Map to rezone the
project site from R-1-6 (Single-Family Residential) to P-D (Planned
Development);
Planned Development Permit: To allow construction of 25 two-story single-
family homes, five accessory dwelling units (4 detached and one interior), a new
private street, and associated site improvements;
Tentative Subdivision Map: To create 25 private lots and four common lots,
and associated public and private easements;
Density Bonus: To allow an 32.5% increase in the allowable density, a
reduction in required parking, and provision of two Very Low Income below-
market-rate(BMR)units; and
Tree Removal Permit: To allow removal of 17 on-site protected trees.
Zoning District(E): R-1.-6(Single-Family Residential)
Zoning District(P): P-D(Planned Development)
General Plan: Low Density Residential(less than 6 unitsYgr. acre)
Project Sponsor: Robson Homes,LLC
2185 The Alameda
San Jose, CA 95126
Property Owners: L H Evans Rentals LLC
19731 Almaden Rd
San Jose, CA 95120
70 North First Slrwt•Campbell.CA 95008-1423•TM.(408)866-2140•FAX(408)866-5140•E-MAIL.planningr&ityolcampbell.cum
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Mitigated Negative Declaration— East Mozart Avenue P-D Subdivision Page 2 of'7
Lead Agency: City of Campbell, Community Development Department
70 N. First Street, Campbell, CA 95008
Contact Person: Daniel .Fama, Senior Planner
(408) 866-2193 I danielffcampbellca.gov
Date Posted: September 23, 2020
Other public agencies whose approval is required: None
Project Location and Surrounding Land Use: The project site consists of an approximately 3-acre
parcel assemblage located along E. Mozart Avenue, west of Bascom Avenue and north of Highway 85.
The site is within the R-1-6 (Single-Family Residential) Zoning District and is not subject to an area or
neighborhood plan. Single-family residences border the site on the north, west, and south (across the
street), with a medical office complex located to the east.
Project Description: The proposed project is a residential planned development consisting of 23
detached single-family homes, two attached single-family homes ("duet"), and five accessory dwelling
units accessed by a new private roadway. The project includes an application for a Zoning Map
Amendment to amend the property's zoning from R-1-6 (Single-Family Residential) to P-D (Planned
Development), a Tentative Subdivision Map to create 25 private lots and four common lots, a Planned
Development Permit for general site layout and the architectural design of the proposed residences, a
Density Bonus to increase the unit count from 18 to 25 (32.5% bonus), and a Tree Removal Permit to
remove 17 protected trees.
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:
Air Quality - AO
Mitigation Measure AQ-1: The project applicant shall ensure that construction plans include the
BAAQMD Best Management Practices for fugitive dust control. The following will be required for
all construction activities within the project area. These measures will reduce fugitive dust
emissions primarily during soil movement, grading and demolition activities, but also during
vehicle and equipment movement on unpaved project sites:
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.
2. All haul trucks transporting soil, sand, or other loose material off-site shall be covered.
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.
4. All vehicle speeds on unpaved roads shall be limited to 15 mph.
Mitigated Negative Declaration — East Mozart Avenue P-D Subdivision Page 3 of 7
5. All streets, 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.
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 CCR). Clear signage shall be provided for construction
workers at all access points.
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 tp operation.
8. A publicly visible sign shall be posted 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. BAAQMD's phone number shall also be visible to ensure compliance with
applicable regulations.
Mitigation Measure AQ-2: The project applicant shall ensure that construction contract specifications
include a requirement that all off-road diesel-powered construction equipment used for project
improvements be equipped with Tier 4 final engines.
Biological Resources—BIO
Mitigation Measure BIO-1: Vegetation removal and initial ground-disturbing activities should occur
outside the nesting season, which generally occurs from February through August, to avoid potential
impacts to nesting birds. This would ensure that no active nests would be disturbed and that habitat
removal could proceed rapidly. If vegetation removal and initial ground-disturbing activities occur
during the nesting season, all suitable habitat should be thoroughly surveyed by a qualified biologist
for the presence of nesting birds before commencement of clearing. If any active nests are detected, a
buffer of at least 100 feet (300 feet for raptors) should be delineated, flagged, and avoided until the
nesting cycle is complete as determined by a qualified biologist.
Mitigation Measure 7310-2: To the extent practicable, site demolition should occur outside peak bat
activity timeframes when young or overwintering bats may be present, which generally occurs from
March through April and August through October, to ensure protection of potentially occurring bats
and their roosts on the project site. Additionally, daily restrictions on the timing of any construction
activities should be limited to daylight hours to reduce disturbance to roosting (and foraging) bat
species. Additionally, a pre-demolition bat survey should be conducted within 30 days of the removal
of any structures/buildings or trees. The survey should include a determination on whether active bat
roosts are present on or within 50 feet of the project site. If a non-breeding and non-wintering bat
colony is found, the individuals shall be evicted under the direction of a qualified biologist to ensure
their protection and avoid unnecessary harm. If a maternity colony or overwintering colony is found in
the buildings or trees on the project site, then the qualified biologist shall establish a suitable
construction-free buffer around the location. The construction-free buffer shall remain in place until
the qualified biologist determines that the nursery is no longer active.
Mitigation Measure BIO-3: Construction drawings submitted for building and grading permits, as
well as all demolition, grading, and construction activity, shall conform to the tree protection
recommendations specified by the 16179 E. Mozart Tree Assessment, dated September 7, 2020,
prepared by Walter Levison. Conformance with the specified recommendations during demolition,
Mitigated Negative Declaration —East Mozart Avenue P-D Subdivision Page 4 of 7
grading, and construction activities shall be the obligation of the applicant's project arborist (PA). The
applicant shall sign a mitigation agreement with the City confirming the role of its PA.prior to issuance
of any permits.
Review of construction drawings for compliance with the specified recommendations shall be
performed by the City's consulting arborist at the applicant's sole cost(to be paid for in advanced prior
to submittal of permit applications). The Community Development Director may also direct the City's
consulting arborist to perform independent monitoring of demolition, grading, and construction
activity (to be paid for in advance by the applicant).
Cultural Resources—CUL
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.
Geology and Soils—GEO
Mitigation Measure GEO-1: The applicant shall comply with the recommendations in the
Geotechnical Investigation Residential Development, dated December 10, 2019, prepared by
Geo-Logic Associates dba Pacific Geotechnical Engineering. 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 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 HAZ-I: Prior to issuance of a Grading Permit, the applicant shall furnish written
confirmation from the Santa Clara County Department of Environmental Health that it has approved
and will oversee implementation of the draft Soil Management Plan, prepared by Ramboll US
Corporation, dated June 23, 2020.
Mitigated Negative Declaration— East Mozart Avenue P-D Subdivision Page 5 of 7
Noise- NOI
Mitigation Measure NOI l: The following measures shall be implemented during construction and
demolition activity:
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1. Schedule: Per section 18.04.052 of the City Municipal Code, construction is limited to between the
hours of 8am and Spin, Monday through Friday, and between 9am and 4pm on Saturdays.
Demolition and loud activities should be limited to Monday through Friday.
2. Site Perimeter Barriers: If determined necessary by the Community Development Director upon
resident complaints of excessive construction noise, the applicant shall provide sound-rated
barriers should be constructed around the northwest and northeast property lines, as shown in
Figure 1. This would include 8-ft tall barrier constructed with either two layers of 1/2-inch thick
plywood (joints staggered) and K-rail or other support; or a limp mass barrier material weighing
two pounds per square foot such as Kinetics KNM-200B or equivalent. The construction team
should work closely with the neighboring residences to monitor any noise complaints received,
and incorporate additional measures as feasible on a case by case basis.
3. Stationary Equipment Local Barriers: If determined necessary by the Community Development
Director upon resident complaints of excessive construction noise, the applicant shall install
localized barriers around stationary equipment such as air compressors that break line-of-sight to
neighboring properties.
4. Generators: Locate generators far away from noise-sensitive receivers, as feasible. If necessary,
generator noise could be reduced by providing sound-rated enclosures and exhaust mufflers or by
providing a local noise barrier.
5. Construction Equipment: Where necessary, provide exhaust mufflers on pneumatic tools. All
equipment should be properly maintained.
6. Truck Traffic: Minimize truck idling and require trucks to load and unload materials in the
construction areas, as opposed to idling on local streets. If truck staging is required, locate the
staging area along major roadways with higher traffic noise levels or away from thenoi se-sensitive
receivers such as East Mozart Avenue. Trucks should be shut off when waiting to enter the site.
7. Methods: Consider means to reduce the use of heavy impact tools and locate these activities away
from the property line as feasible. Other methods, including drilling, could be employed if noise
levels are found to be excessive.
8. Notification and Confirmation: Notify neighbors of extreme noise generating activities including
the estimated duration of the activity, construction hours, and contact information.
Mitigation Measure NOI-2: The following measures shall be implemented in the construction
drawings submitted for a building permit:
Window and exterior door STC3 ratings needed to meet the interior DNL 45 dB criteria should be as
shown in Figures 2 through 4. Our calculations are based on the following assumptions:
• All rooms will have hard-surfaced flooring
Mitigated Negative Declaration— East Mozart Avenue P-D Subdivision Page 6 of 7
• Ceilings will be minimum 8-feet high throughout the residences
• Exterior walls will be equivalent to 3-coat stucco over wood sheathing, wood studs with batt
insulation in stud cavities, with at least l layer of gypsum board on the interior (approximately
STC 45).
STC ratings for selected assemblies should be based on laboratory testing performed in accordance
with ASTM E-90 and comprise the entire window or door assembly, including the frame. If non-tested
assemblies are to be used, an acoustical consultant must review the glazing and frame submittals, and
the STC rating of the glass may need to be increased. For reference purposes, a typical one-inch
insulated, dual-pane window achieves an STC rating of approximately 28 to 30. Where STC ratings
above STC 34 are required, typically at least one pane will need to be laminated, however, this
depends on the specific window manufacturer.
Because windows must be closed to achieve the interior noise criteria, an alternate means of providing
outside air (e.g., fresh-air exchange units, HVAC, Z-ducts, etc.) to habitable residential spaces should
be considered for building facades exposed to an exterior DNL of 60 dB or greater. Operable windows
are still acceptable provided they are not being relied upon to provide fresh air to the units. This
applies to all facades.
TRANSPORTATION-TRAN
Mitigation Measure TRAN-1: To substantially lessen VMT impacts caused by the proposed project,
the following mitigations can be implemented.
• I. Wayfinding Signs— Install wayfinding signs at E. Mozart Avenue/Bascom Avenue, at the west
end of the Mozart Avenue cul-de-sac, and at the foot of the pedestrian-bicycle overpass. These
signs would familiarize potential users with the existing pedestrian/bicycle network.
2. Bike Route Signs and Sharrows— Designate E. Mozart Avenue as a bike route and install signs
and sharrows. These installations will close the gap between the existing bike lanes along
Bascom Avenue and the pedestrian-bicycle overpass.
3. Sidewalks — Install sidewalks along the project frontage to close the existing gap on Mozart
Avenue. This will promote walking by project residents and others.
4. Bus Shelter—Install a bus shelter at the bus stop along Bascom Avenue across from E. Mozart
Avenue. This is subject to VTA approval but is consistent with VTA's Bascom Avenue
Complete Streets Study. This will encourage new residents and others to use public transit by
providing a bench and shade.
5. VTA Transit Passes —Provide introductory VTA Transit Passes to project residents. This can
be administered by the Homeowner's Association (HOA). Providing VTA transit passes is
intended to encourage residents to try transit and build a habit.
6. Fair Share Contribution — Contribute fair share funding to recently constructed bicycle and
pedestrian improvements including the bike lanes on Bascom Avenue between Camden
Avenue and SR 85 and ADA-compliant curb ramp upgrades between Camden Avenue and SR
85.
Mitigated Negative Declaration--East Mozart Avenue P-D Subdivision Page 7 of 7
PUBLIC REVIEW PERIOD
Any person may file a written protest of the draft Mitigated Negative Declaration during the public
comment period running from September 23, 2020 to October 13, 2020 (concluding 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.
Daniel. Fama
PROJECT PLANNER
Senior Planner
TITLE
City of Campbell
AGENCY
September 15, 2020
SIGNATURE DATE
The Initial Study 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'.