CC Resolution 9949
RESOLUTION NO. 9949
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAMPBELL CERTIFYING THE FINAL ENVIRONMENTAL
IMP ACT REPORT FOR THE DRAFT GENERAL PLAN.
IT IS HEREBY RESOLVED THAT after notification and public hearing, as specified by law on
the proposed amendments to the Draft General Plan of the City of Campbell, and after
presentation by the Community Development Director, proponents and opponents, the City
Council did determine that the certification of the Final Environmental Impact Report for the
City of Campbell Draft General Plan is warranted based upon the following findings:
1. Fehr and Peers Associates, Inc. of San Jose, California prepared a Transportation Impact
Analysis to evaluate the potential impacts of the Draft General Plan and found potentially
significant traffic impacts.
2. The environmental consulting firm of LSA Associates, Inc. of Berkeley, California has
prepared an Environmental Impact Report (EIR) - State Clearinghouse #20011042063; that
evaluates the environmental impacts of the Draft General Plan and Zoning Map
Amendments.
3. The Final EIR for the Draft General Plan has been prepared to serve as the CEQA document
for Planning Commission and City Council consideration of the General Plan Update.
4. The Final EIR for the Draft General Plan has been completed in compliance with the
California Environmental Quality Act (Section 21000 et seq. of the California Public
Resources Code).
5. The City Council has reviewed and considered the information within the Final EIR for the
Draft General Plan prior to approving the proposed changes to the General Plan and Zoning
Map and finds that it adequately addresses the environmental issues of the Draft General
Plan.
6. Notice of availability of the Draft EIR for the Draft General Plan was prepared and
published pursuant to Section 21092 of the Public Resources Code, advising the public that a
45-day public review period would end on September 10, 2001.
7. The City Council hereby finds and determines that the Final EIR reflects the independent
judgment of the City Council.
8. The City Council hereby identifies the significant effects, adopts the mitigation measures,
adopts the mitigation monitoring and reporting program to be implemented for such
mitigation measures, and make the findings set forth in detail in the attached Attachment 5
for the adoption of a Statement of Overriding Considerations. The statements, findings and
determinations set forth below and in Attachment 5 are based on the Final EIR and other
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information available to the City Council, and are made in compliance with Section 15091 of
the State CEQA Guidelines and Section 21081(a) ofCEQA.
9. As detailed in the Final EIR, and listed below, approval and implementation of the Draft
General Plan may have significant environmental impacts, unless mitigated to a level of less
than significant, related to Geologic and Seismic Hazards, Noise and Hazards, and, as a
result, the City Council, as applicable, may approve the Draft General Plan only if, in
connection with such approvals, the City Council, as applicable, approves the Mitigation
Monitoring and Reporting Program as contained in the Final EIR.
The following potentially significant environmental impacts will be mitigated to a level less
than significant with the mitigation measures indicated.
. Impact Noise-3: New development, particularly residential uses on and adjacent to major
transit corridors, could be exposed to excessive traffic-related noise levels.
Mitigation Measure: To further ensure that all new noise-sensitive proposals are
carefully reviewed with respect to potential noise impacts, the City shall review new
development using the following guidelines in combination with the land use
compatibility standards:
Strategy CNR-10.c shall be revised to include performance standards related to
traffic-related noise that state all new residential development should conform to a
noise exposure standard of 60 dBa CNEL for outdoor noise in noise-sensitive
outdoor activity areas and 45 dBa CNEL for indoor noise. New development,
which does not and cannot be made to conform to this standard, should not be
permitted.
Acoustical studies, describing how the exterior and interior noise standards will
be met, should be required for all new residential development with a noise
exposure greater than 60 dBa CNEL. The studies should also satisfy the
requirements set forth in Title 24, part 2, of the California Administrative Code,
Noise Insulation Standards, for multiple-family attached, hotels, motels, etc.,
regulated by Title 24. The noise exposure table (Table IV.H-5 of the EIR) should
be used as the basis to initially identify areas with potential excessive noise
exposure.
. Impact Geologic and Safety Hazards-2: The strategies in the Draft General Plan do
not include notification of the public of the potential hazards associated with the
unreinforced masonry structures in the City.
Miti2;ation Measure: A new strategy should be added to the Draft General Plan, as
follows:
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Strategy HS-3.2h: Posting of potential hazards associated with Unreinforced
Masonry Buildings. Require that all URM structures within the City be posted
with signs informing the public of the potential hazards associated with
occupancy of these buildings. Property owners are responsible for implementing
and maintaining such signage.
· Impact Hazard-I: Redevelopment of former industrial properties could potentially
expose Campbell workers and residents to hazardous materials form historic releases.
Mitie;ation Measure: The following strategy should be added to the Health and
Safety Element of the Draft General Plan:
Strategy HS-7.lf: Development Projects Involving Potential Historical
Hazardous Materials Use. Require that applications for discretionary development
projects that will involve a change in land use (i.e., from industrial to commercial
or residential) provide detailed information regarding potential historical
hazardous materials use, including soil and/or groundwater sampling results, if
warranted.
The City Council finds that changes have been incorporated into the Draft General Plan, and
are outlined in the Mitigation Monitoring and Reporting Program, which is contained in the
Final EIR, which will avoid or substantially lessen the significant environmental effects as
identified in the Final EIR.
10. As detailed in EIR, and listed below, approval and implementation of the General Plan
Update may have Significant Unavoidable environmental impacts related to Geologic and
Seismic Hazards and Transportation and Circulation facilities, and, as a result, the City
Council, 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) ofCEQA.
These impacts and the respective reasons why mitigation measures or project alternatives
would be infeasible are as follows:
· Impact: Geoloe;ic & Seismic Hazards - Geoloe;ic-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.
The City Council 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
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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. The relative risk are no greater than any other
community in the Bay Area and therefore the City is willing to accept this risk.
The City Council hereby finds that in regards to the Significant Unavoidable Geologic &
Seismic Hazard impact identified in the Final EIR and herein, the City has chosen the
Industrial Alternative which is the environmentally superior alternative, and that the
Significant Unavoidable Geologic & Seismic Hazard impact would exist under any of the
alternatives analyzed, including the No Project and Increased Housing Alternative, with the
exception of the No Growth Alternative. The No Growth alternative would not increase the
number of people in the City exposed to geologic or seismic hazards. As a result, no
significant impact would result. However, the No Growth alternative would not result in any
of the beneficial impacts that would result from implementation of the Draft General Plan,
including increasing the housing stock it fulfill the City's fair share housing needs allocation;
the consolidation of areas with various land use designations into a single, more cohesive
designation to minimize land use conflicts (i.e., the South of Campbell Area). In addition, the
City does not have any mechanism to essentially stop any development from occurring as a
result, it would be difficult, ifnot impossible, to implement the No Growth alternative.
· Impact: Transportation and Circulation - Transportation-4: Build out of the Draft
General Plan would increase traffic and adversely impact four intersections
(BascomlHamilton, Campbell/Union, Winchester/Hacienda and WinchesterlKnowles)
and two roadway sections (northbound Union between Apricot and Campbell and
between Bascom and McGlincey Lane during the AM peak hour).
The City Council finds that specific economic and technological considerations make the
implementation of the mitigation measures infeasible for the following reasons:
· BascomlHamilton - 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.
This intersection is fully developed, with relatively new (3 to 10 years) commercial retail
buildings on three comers, and a gas station on the remaining comer. Additionally, the
northeast comer is in the jurisdiction of the City of San Jose. Street widening would
affect private landscaping, parking and buildings on all four comers. The City, based on
past experience, estimates that adding through and/or turn lanes, sufficient to mitigate the
impact, at this location would cost, on an order of magnitude of several million dollars.
This includes payment for property acquisition for right-of-way purposes, payment of
severance damages to property and business owners and possible relocation of
businesses. This magnitude of expenditure would require reducing essential City services
or exceeding revenues or creating an unbalanced budget.
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· Campbell/Union - This intersection is built out, and there are no feasible physical
improvements that could improve the projected LOS E 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.
This intersection is fully built out, with one new (2 to 3 years) bank building on the
southwest comer, and a historic property on the southeast comer used as a tuxedo rental
business. Street widening would affect private landscaping, parking and buildings on
both comers. The City, based on past experience, estimates that adding through andlor
turn lanes, sufficient to mitigate the impact, at this location would cost, on an order of
magnitude, of several million dollars. This includes payment for property acquisition for
right-of-way purposes, payment of severance damages to property and business owners,
and possible relocation of businesses. This magnitude of expenditure would require
reducing essential City services or exceeding revenues or creating an unbalanced budget.
· 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. Additionally, the cost of extending the capacity to Dell Avenue would require
the acquisition of property, dislocation of private parking facilities and landscaping that
would cost several million dollars. This magnitude of expenditure would require reducing
essential City services or exceeding revenues or creating an unbalanced budget.
· WinchesterlKnowles - The addition of a westbound left-turn lane would decrease the
reduction in the vlc ratio to a less than significant level (i.e., with the mitigation the vlc
ratio change would no longer exceed .05), but the intersection would still operate at a
LOS E. The 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.
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The properties along these street segments are fully built out, with predominately two and
three story apartment and condominium developments located in close proximity to the
existing street right-of-way line.. Street widening would affect private landscaping, parking
and buildings on at least one side of the street. The City, based on past experience, estimates
that adding through lanes, sufficient to mitigate the impact, at these locations would cost, on
an order of magnitude, of at least ten (10) million dollars. This includes payment for property
acquisition for right-of-way purposes, payment of severance damages to property and
business owners, and possible relocation of residential tenants and businesses. This
magnitude of expenditure would require either reducing essential City services or exceeding
revenues and creating an unbalanced budget.
One possible mitigation measure analyzed in the Final EIR is the conversion of the existing
two-way left turn lane into a reversible northbound through lane during the AM peak period.
The City Council finds that this measure would likely cause driver confusion and unsafe
conditions and therefore is determined to be infeasible.
. Additionally, the McGlincey Lane to Bascom Avenue segment of Union Avenue is
predominately (81 percent as measured along right-of-way frontage) located within the
City of San Jose jurisdiction. Impacts at this street segment are designated as unavoidable
because of both the recommended mitigation measures are beyond the jurisdiction of the
City of Campbell to implement unilaterally.
11. The City Council hereby finds that in regards to the Significant Unavoidable Geologic or
Seismic Impact identified in the Final EIR and herein, the City has chosen the Industrial
Alternative which is the environmentally superior alternative, and that the Significant
Unavoidable Geologic or Seismic impact would exist under any of the alternatives analyzed,
including the No Project and Increased Housing Alternative, with the exception of the No
Growth Alternative. The No Growth alternative would not result in any of the beneficial
impacts that would result from implementation of the Draft General Plan, including
increasing the housing stock to fulfill the City's Regional Housing Needs Determination; the
consolidation of areas with various land use designations into a single, more cohesive
designation to minimize land use conflicts (i.e., the South of Campbell Area). In addition, the
City does not have any mechanism to essentially stop any development from occurring as a
result, it would be difficult, if not impossible, to implement the No Growth alternative.
The other alternatives identified (No Project, Increased Housing) would not result in the
elimination of the Significant Unavoidable impacts. As identified in the Final EIR, projected
increases in congestion in the City are partly due to increased traffic throughout the Bay
Area, and the South Bay region in particular, and not merely a result ofland uses in the City.
12. Based on the information set forth in the Final EIR, the City Council finds pursuant to 14
California Code of Regulations Section 753.5(c) that, considering the record as a whole,
approval and implementation of the Draft General Plan involves no potential for adverse
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City Council Resolution Certifying the EIR for the Update to the General Plan
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effect, either individually or cumulatively, on vegetation or wildlife, and that therefore no fee
is required in connection with the filing of a Notice of Determination.
13. The Custodian of the Record for this Draft General Plan and Final Environmental Impact
Report is the City Clerk of the City of Campbell, located at 70 North First Street, Campbell,
California.
PASSED AND ADOPTED this 6th day of
vote:
November, 2001, by the following roll call
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Furtado, Kennedy, Burr, Watson, Dean
None
None
None
ATTEST:
tL~
Anne Bybee, City Clerk
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