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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 J:\GP\Staff Reports\PC report\genera\ p\an\Resolutions\CC Reso\ forCertification of EIR.doc City Council Resolution Certifying the EIR for the Update to the General Plan Page 2 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: J:\GP\Staff Reports\PC report\general plan\Resolutions\CC Resol forCertification of EIR.doc City Council Resolution Certifying the EIR for the Update to the General Plan Page 3 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 J:\GP\Staff Reports\PC report\genera\ plan\Reso\utions\CC Reso\ forCertification of EIR.doc City Council Resolution Certifying the EIR for the Update to the General Plan Page 4 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. J:\GP\Staff Reports\PC report\general plan\Resolutions\CC Resol forCertification of EIR.doc City Council Resolution Certifying the EIR for the Update to the General Plan Page 5 · 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. J:\GP\Staff Reports\PC report\general plan\Resolutions\CC Resol forCertification of EIR.doc City Council Resolution Certifying the EIR for the Update to the General Plan Page 6 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 J:\GP\Staff Reports\PC report\general plan\Resolutions\CC Resol forCertification of EIR.doc City Council Resolution Certifying the EIR for the Update to the General Plan Page 7 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 J :\GP\Staff Reports\PC report\general plan\Resolutions\CC Resol forCertification of EIR.doc