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PC Res 3384RESOLUTION NO. 3384 BEING A RESOLUTION OF THE CITY OF CAMPBELL PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL ADOPT A STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE CAMPBELL GENERAL PLAN RESOLVED, by the City of Campbell Planning Commission that: WHEREAS, the City of Campbell has prepared a comprehensive update of its General Plan text and diagram as well as Zoning Map amendments to bring zoning into compliance with the General Plan Amendments; and WHEREAS, This Statement of Overriding Considerations is made in compliance with the California Environmental Quality Act ("CEQA", Public Resources Code Section 21000 et seq., with particular reference to Sections 15092 and 15093). WHEREAS, The Project consists of the comprehensive update of the Land Use, Circulation, Open Space, Noise, Safety and Conservation Elements of the Campbell General Plan and the addition of a Public Facilities Element. WHEREAS, The City contracted with the environmental consulting firm of LSA Associates, Inc. of Berkeley, California to prepare an Environmental Impact Report (EIR), State Clearinghouse Number 2001042063, pursuant to the California Environmental Quality Act to evaluate the potential environmental impacts of the proposed Project. WHEREAS, The environmental evaluation of the Draft General Plan found potentially significant unavoidable impacts related to Geologic and Seismic Hazards and Transportation and Circulation (two roadway segments and four intersections). The roadway segments that may be significantly impacted include: northbound Union Avenue between Apricot and Campbell Avenues and between Bascom Avenue and McGlincey Lane during the AM peak hour. Intersections that would be significantly impacted are: Bascom Avenue/Hamilton Avenue, Campbell Avenue/Union Avenue, Winchester Boulevard/Hacienda Avenue, and Winchester Boulevard/Knowles Drive. As detailed in the Final EIR, and listed below, approval and implementation of the Draft General Plan may have significant unavoidable environmental impacts related to Geologic and Seismic Hazards and Transportation and Circulation facilities, and, as a result, the Planning Commission, as applicable, may approve the Draft General Plan only if, in connection with such approvals, the City Council, as applicable, makes a statement of overriding considerations in accordance with Sections 15092 and 15093 of the State CEQA Guidelines and Section 21081 (b) of CEQA. Impact Geologic-l: Construction of new residential and commercial facilities under the Draft General Plan would result in an increase in the number of people potentially exposed to severe seismic ground shaking hazards. Planning Commission Resolution No. 3384 -- Recommending Councn s Adoption ora Statement of Overriding Considerations for the Dratt General Plan Page 2 The Planning Commission finds that specific technological considerations make the implementation of the mitigation measures infeasible for the following reasons: Implementation of Strategies HS-3.1a, HS-3.1c, HS-3.2a, HS-3.2d, HS-3.2f, and HS-3.2g would result in existing and proposed programs, including, but not limited to programs requiring site-specific geotechnical reports, compliance with the guidelines of the Uniform Building Code, earthquake preparedness and response programs, and seismic-retrofitting programs, that would reduce the severity, but not eliminate this impact. Seismic shaking hazards cannot be completely eliminated; therefore, this impact remains an unavoidable adverse impact, even after mitigation. Impact Transportation-4: Buildout of the Draft General Plan would increase traffic and adversely impact four intersections (Bascom/Hamilton, Campbell/Union, Winchester/Hacienda and Winchester/Knowles) and two roadway sections (northbound Union between Apricot and Campbell and between Bascom and McGlincey Lane during the AM peak hour). The Planning Commission finds that specific economic and technological considerations make the implementation of the mitigation measures infeasible for the following reasons: Bascom/Hamilton - This intersection is built out, and there are no feasible physical improvements that could improve the projected LOS F condition. Additional lane capacity would require acquisition of property, removal of parking and buildings, utilities and other private improvements that would be cost prohibitive. Campbell/Union - This intersection is built out, and there are no feasible physical improvements that could improve the projected LOS F condition. The construction of additional lane capacity would require acquisition of property, removal of parking and buildings, including properties listed on the City's Historic Resource Inventory, utilities and other private improvements that would be cost prohibitive. Winchester/Hacienda - The addition of a second eastbound through lane at this intersection would reduce this impact to a less than significant level by reducing the change in the v/c ratio to less than .05, but the intersection would still operate at a LOS F. The City has determined that this mitigation measure would not be feasible as the construction of a second eastbound through lane would require the elimination of a left-turn pocket and acceleration lane on Hacienda Avenue east of Winchester Boulevard which serves an existing development and is necessary for the safe egress from the property. Winchester/Knowles - The addition of a westbound left-turn lane would decrease the reduction in the v/c ratio to a less than significant level (i.e., with the mitigation the v/c ratio change would no longer exceed .05), but the intersection would still operate at a LOS E. The Planning Commission Resolution No. 3384 -- Recommending Councn s Adoption of a Statement of Overriding Considerations for the Draft General Plan Page 3 majority of this intersection is located within the Town of Los Gatos and would require cooperation between the City of Campbell and the Town of Los Gatos to design, approve and fund the construction of such improvements. Impacts at this intersection are designated as unavoidable because the recommended mitigation measures are beyond the jurisdiction of the City of Campbell to implement unilaterally. Northbound Union Avenue between Apricot and Campbell Avenue and between Bascom and McGlincey Lane during the AM peak hour (two roadway segments) - These roadway segments along Union Avenue serve existing development consisting mainly of multistory apartments and condominium complexes. Any additional lane capacity would require the acquisition of private property, partial demolition of residential structures and related parking and utility facilities. The City has determined that this would be both economically and socially infeasible. The Planning Commission hereby finds that of the Project Alternatives, the Industrial Alternative is the preferred alternative, and that the Significant Unavoidable impacts would exist under any of the alternatives analyzed, including the No Project and Increased Housing Alternative, with the exception of the No Growth Alternative which would not allow the City to achieve the goals contained within the Draft General Plan. Accordingly, the Planning Commission recommends that the City Council adopt this Statement of Overriding Considerations. WHEREAS, The record (the "Record") of the Planning Commission relating to the Project and this Statement of Overriding Considerations includes: A. The Draft General Plan, including the Land Use Diagram; B. The Zoning Map Amendments; C. The Draft Environmental Impact Report prepared by LSA, dated July 2001; D. The Final Environmental Impact Report, prepared by LSA, dated September 2001; E. Traffic Study prepared by Fehr and Peers, dated June 2001. F. The City of Campbell Redevelopment Plan Agency AB 1290 Implementation Plan and AB 315 Affordable Housing Production Plan for the Central Campbell Redevelopment Project Area, adopted by the Agency on November 15, 1994, pursuant to Health and Safety Code Section 33490 (the "Implementation Plan"). G. The Strategic Plan was adopted in 1993 and 1994 after extensive community participation. H. The Campbell Housing Element, adopted March 1992 I. The Campbell Strategic Plan dated December 1994 J. The Community Satisfaction Survey, dated 1997, updated in 1999. K. The Campbell Community Design Study by Sasaki Associates, Inc, dated May 1991 L. Documentary and oral evidence received by the Planning Commission during public hearings and meetings on the Project. Planning Commission Resolution No. 3384 -- Recommending Council s Adoption of a Statement of Overriding Considerations for the Draft General Plan Page 4 M. The staff report on the Planning Approvals and the accompanying resolutions, findings, conditions and related documents. N. Matters of common knowledge to the Planning Commission which they have considered, such as the prior City of Campbell General Plan (the "General Plan"), and prior resolutions and ordinances of the Agency and the City. WHEREAS, The Planning Commission has fully considered the discussion and analysis in the Record regarding the environmental impacts and socioeconomic effects of the Project. WHEREAS, The Campbell Draft General Plan project would result in traffic impacts that could result in a significant and unavoidable impact. Section 15093(b) of the CEQA Guidelines provides that when the decision of the public agency allows the occurrence of significant impacts which are identified in an EIR but are not at least substantially mitigated, the agency must state in writing the reasons to support its action based on the completed EIR and/or other information in the record. WHEREAS, Accordingly, the City of Campbell adopts the following Statement of Overriding Considerations. The City of Campbell recognizes that significant and unavoidable impacts would result from the implementation of the Draft General Plan project. Having reviewed all feasible mitigation measures, accepting the "Industrial Alternative" to the project discussed above, recognized all significant, unavoidable impacts, and balanced the benefits of the proposed project against the significant and unavoidable effects, the City of Campbell finds that the benefits outweigh and override the significant and unavoidable effects for the reasons stated below. WHEREAS, Any one of the reasons for approval cited below is sufficient to justify approval of the proposed project, the below stated reasons summarize the benefits, goals, and objectives of the proposed project. The substantial evidence supporting the various benefits can be found in the preceding findings. These overriding considerations of economic, social, environmental, and other benefits outweigh its environmental costs and justify the approval of the Campbell Draft General Plan. 1) Adoption of The Draft General Plan will allow for the obtainment of the goals outlined within the City's Strategic Plan. The following list illustrates how the General Plan Goals, Policies and Strategies derive from the Strategic Plan: a) Strategic Plan Land Use Obiective 1.2: Land Use Patterns that minimize conflicts: The Land Use Map amendments of the draft General Plan encourages creating a better balance of land use patterns by establishing three distinct commercial districts with policies and strategies appropriate to the type of commercial location (neighborhood commercial, central commercial and general commercial districts. General Plan Land Use Strategy 9. l d states that the Zoning Ordinance should be amended to establish limits and controls regarding operating hours for uses that are incompatible with adjoining residential uses due to noise, traffic or other disturbances. Planning Commission Resolution No. 3384 -- Recommending CounclJ s Adoption of a Statement of Overriding Considerations for the Draft General Plan Page 5 2) b) Strategic Plan Land Use Objective 1.4: Identifiable City Boundaries: Policy LUT6.1 is to establish special features to identify entries to the city and its special districts through the development of distinctive gateway buildings at key locations and by installing city identification signs and landscaping at logical boundaries. Policy LUT 6.2 is to strive to provide logical boundaries and municipal service areas by pursuing annexation of the unincorporated areas in the City's sphere of influence. c) Strategic Plan Land Use Objective 1.5: An attractive community with an enhanced image: General Plan policy LUT 9.3 promotes high quality, creative design and site planning that is compatible with surrounding development, public spaces and natural resources. Building designs should revitalize streets and public spaces by orienting the building to the street, including human scale details and massing that engages the pedestrian (Strategy LUT 9.3.d). Strategy LUT 9.3k states that guidelines should be created that ensure that visual and noise impacts of storage, loading areas and mechanical equipment are minimized,, which may include provisions for larger setbacks, screening, walls, substantial landscaping, acoustic materials, equipment usage and building modifications. The Plan asks for development of design guidelines for d) Strategic Plan Land Use Objective 1.6: Interconnected neighborhoods and community resources: The General Plan Land Use policy LUT 11.1 states that the City should strive to achieve physically connected transportation infrastructure by connecting dead-end streets using pedestrian and bicycle paths in new developments and in existing neighborhoods where so desired by the residents; it encourages enhancement of existing downtown alleyways for pedestrian use and a variety of bicycle and pedestrian improvements to improve access to new and existing through neighborhoods. Addressing the needs of disabled people is provided for in Strategy LUT 11. l g by requiring that new development comply with the Americans with Disabilities Act during the planning and implementation of transportation and parking improvement projects. e) Strategic Plan Transportation Objective 3.3 Streets that safely and comfortably accommodate pedestrians and bicycles: This strategic Plan objective is furthered by Strategic Plan Land Use and Transportation Goal LUT 11, A physically connected, efficient community with safe access and linkages throughout the city for a variety of transportation modes and users. Strategies to achieve this goal include the provision of bicycle and pedestrian connections in development (LUT 11.Id); Safe walking and bicycle routes (LUT 11.2b). Adoption of The Draft General Plan will allow for the City to meet its state mandated Regional Housing Needs Determination for the planning for the development of new housing within the community to meet the needs of all income levels for safe and decent housing. a) Strategic Plan Objective 1.3 Provide a range of housing types. The General Plan Land Use Map provides for changes in land use designation of several sites near new Vasona Light Rail stations to be designated for mixed use development, providing housing opportunities to be located above retail shops. Because retail and housing parking demands do not generally overlap, the General Plan encourages shared parking opportunities at these Planning Commission Resolution No. 3384 -- Recommending Councn s Adoption of a Statement of Overriding Considerations for the Draft General Plan Page 6 locations. Strategy LUT 5.3i encourages consideration of zoning amendments for mixed use development in commercial districts. The Land Use Policy LUT 14.4 encourages parcel consolidation in the Pruneyard/Creekside Area to support residential development at the maximum density and joint use of parking facilities (LUT 14.4.d). The South of Campbell Avenue Area (SOCA) is amended to eliminate industrial development in the area closest to Historic Downtown Campbell and its Light Rail Station. 3) Adoption of The Draft General Plan will allow for the continued development of commercial and industrial land uses that contribute to a stable community by providing employment, city revenues, and goods and services for the community. a) Strategic Plan Financial Health Objective 2.2 A diversified and reliable revenue base and Land Use Objective 1.7, An economically diverse and viable community: These strategic Plan objectives are furthered by General Plan Policy LUT Develop programs to retain and attract businesses that meet the shopping and service=de needs of Campbell residents (LUYT 13.lb; and Evaluate the fiscal effects of different land uses on City revenues and services (LUT 13. ld). 4) Adoption of The Draft General Plan will allow for the continued provision of, and planning for, essential community services and assets including Land Use and Transportation, Open Space, Parks & Public Facilities, Health and Safety, Conservation & Natural resources and Housing. a) The Strategic Plan contains numerous objectives that relate to the planning and provision of essential community services and assets. Land Use Objective 1.6: Interconnected neighborhoods and community resources; Land Use Objective 1.8: A vibrant downtown that serves as the focal point of the community; Transportation Objective 3.3 Streets that that are safe, clean and well maintained. Public Safety Objective 4.5 An effective emergency preparedness program. The Draft General Plan Goal OSP-2 Provide and Maintain attractive, safe, clean and comfortable open space, park land and recreational facilities and programs for maximum community use, benefit and enjoyment is implemented through strategies such as OSP-2- 10a; Continue to support, provide and promote Recreation and Community Services programs including special interest classes, to meet the recreational needs of the community; OSP-5.1 Prioritize acquisition and development of open space sites in neighborhoods which are deficient in open space and park acreage; and OSP-6.2a Design, construct or renovate facilities to ensure adaptability for changing community needs and on-going use. 5) Adoption of the Draft General Plan will improve the appearance of properties and improve property values and City revenues in order to provide quality services for Campbell residents. a) Strategic Plan Financial Health Objective 2.2 A diversified and reliable revenue base and Land Use Objective 1.7, An economically diverse and viable community: These strategic Plan objectives are furthered by General Plan Policy LUT 13.1:Attract and maintain a variety of uses that create an economic balance within the City while maintaining a balance Planning Commission Resolution No. 3384 -- Recommending Councl~ s Adoption of a Statement of Overriding Considerations for the Draft General Plan Page 7 with other community land use needs such as housing and open space, and while providing high quality services to the community. Strategies to achieve this goal include attracting major hotels to Campbell as a convenience for local residents and businesses, as well as a tax generator for the community (LUT 13.1 a). 6) Adoption of the Draft General Plan will encourage clean businesses that do not have nuisance characteristics like noise, vibrations, late-night hours, water and air pollution, heavy truck traffic, and outdoor storage. a) Strategic Plan Objective 1.2 encourages land-use patterns that minimize conflicts. General Plan Policy LUT 5.6a specifies the development of performance standards (including noise, light and vibration) for industrial uses to assure land use compatibility with adjacent uses NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Planning Commission finds that the above recitals and the information contained in Exhibit A (Campbell General Plan Final EIR) are accurate. 2. The Planning Commission hereby recommends that the City Council find and certify that the General Plan EIR has been completed in compliance with CEQA, the State CEQA Guidelines; that the General Plan EIR adequately addresses the environmental issues of the Draft General Plan; and that the Planning Commission has reviewed and considered the information contained in the General Plan EIR prior to acting on the Draft General Plan. 3. The Planning Commission hereby finds and determines that the General Plan EIR reflects the independent judgment of the Planning Commission 4. The Planning Commission recommends that the City Council adopt a Statement of Overriding Considerations. APPROVAL OF PLANNING COMMISSION: Passed and adopted this 23rd day of October, 2001 by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST:.~~ry Alderete, Doorley, Francois, Gibbons, Hemandez, Jones and Leonard None None None QTom ~rancois, Chair