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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 • 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 • 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: • 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'.