CC Resolution 9948
RESOLUTION NO. 9948
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAMPBELL ADOPTING A STATEMENT OF OVERRIDING
CONSIDERATIONS FOR THE CAMPBELL GENERAL PLAN
RESOLVED, by the City of Campbell City Council 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 AvenueIHamilton Avenue, Campbell AvenuelUnion
Avenue, Winchester BoulevardlHacienda Avenue, and Winchester BoulevardlKnowles Drive.
1. 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 City
Council, as applicable, may approve the Draft General Plan only if, in connection with such
approvals, the City Council, 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-I: 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.
City Council Resolution
Adopting a Statement of Overriding Considerations for the Draft General Plan
Page 2
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
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 (BascomlHamilton, CampbelllUnion,
WinchesterlHacienda 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 old) 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.
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.
This intersection is fully built out, with one new (2 to 3 year old) bank building on the
City Council Resolution
Adopting a Statement of Overriding Considerations for the Draft General Plan
Page 3
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 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.
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.
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
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 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
City Council Resolution
Adopting a Statement of Overriding Considerations for the Draft General Plan
Page 4
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 Pinal 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. The impact at this street segment is designated as unavoidable
because of both the financial infeasibility and the recommended mitigation measures are
beyond the jurisdiction of the City of Campbell to implement unilaterally.
2. The City Council hereby finds that in regards to the Significant Unavoidable Geologic or
Seismic Impact identified in the Pinal 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, ifnot impossible, to implement the No Growth alternative.
3. The City Council 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 City Council adopts this Statement of Overriding Considerations.
WHEREAS, The record (the "Record") of the City Council 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;
City Council Resolution
Adopting a Statement of Overriding Considerations for the Draft General Plan
Page 5
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
1. 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 City Council during public hearings and
meetings on the Project.
M. The Staff Report on the Planning Approvals and the accompanying resolutions, findings,
conditions and related documents.
N. Evidence presented to the Planning Commission.
O. Matters of common knowledge to the City Council, 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 City Council 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, Anyone 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
City Council Resolution
Adopting a Statement of Overriding Considerations for the Draft General Plan
Page 6
benefits outweigh its environmental costs and justify the approval of the Campbell Draft General
Plan.
WHEREAS, Adoption of The Draft General Plan will allow for the obtainment of the goals
outlined within the City's Strategic Plan. The Strategic Plan was adopted in 1993 and 1994 after
extensive community participation through public forums. The resulting Community Vision and
Strategic Goals and Objectives provide a blueprint of the future desired by the Campbell Community.
"The Strategic plan is intended to provide the foundation for other planning processes in the City, as
well as City Budgets and annual work plans." The strategic planning process was intended to provide
the basis from which the General Plan would be developed. The strategic planning process, used for
years in the private sector, was adapted to identify issues facing the community. It charted a course for
the future and developed specific strategies to achieve that desired future. The Strategic Planning
process required the community to make choices, set priorities and focus on key issues. It is a planning
process that explicitly considers resources. Key findings that focused the direction of the plan's
development were the fact that, when compared to other jurisdictions in the County, Campbell ranked
11 th out of 15 in terms of per capita revenue and per capita expenditures; City service costs have
outpaced revenue growth rates; the City is increasingly required to develop mandated environmental
programs; at the time Campbell had a shortage of open-space; annual street maintenance was highly
under-funded; and there is an increasing need for youth and teen programming. The City of Campbell
must of necessity balance a variety of competing community needs in making decisions on
departmental workplans and budget allocations. The Strategic Plan is the tool that guides that decision
making process.
1) The following General Plan Goals, Policies and Strategies derive from the Strategic Plan:
a) Strategic Plan Land Use Objective 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 9.1d 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.
b) Strategic Plan Land Use Objective 1.4: Identifiable City Boundaries: Policy LUT6.l 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).
City Council Resolution
Adopting a Statement of Overriding Considerations for the Draft General Plan
Page 7
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.lg 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.ld); Safe walking and bicycle routes (LUT
11.2b ).
f) The Significant Unavoidable traffic impacts 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 traffic 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. The No Growth alternative would not result 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 of land uses in the City.
2) Adoption of The Draft General Plan will allow 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.
City Council Resolution
Adopting a Statement of Overriding Considerations for the Draft General Plan
Page 8
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
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 l4.4.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 needs of Campbell residents (LUYT
l3.lb; and Evaluate the fiscal effects of different land uses on City revenues and services
(LUT l3.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-
lOa; Continue to support, provide and promote Recreation and Community Services
programs including special interest classes, to meet the recreational needs of the community;
aSP-5.l 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.
City Council Resolution
Adopting a Statement of Overriding Considerations for the Draft General Plan
Page 9
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
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 Bola).
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 City Council finds that the above recitals and the information contained in the
Campbell General Plan Final Environmental, Impact Report are accurate.
2. The City Council adopts the Statement of Overriding Considerations attached hereto
as Exhibit A.
APPROV AL OF CITY COUNCIL
Passed and adopted this 6th
day of
November
,2001 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Furtado, Kennedy, Burr, Watson, Dean
None
None
None
ArrEST aA-~
Anne Bybee, City Clerk
Exhibit A
STATEMENT OF OVERRIDING CONSIDERATIONS IN
SUPPORT OF THE CITY COUNCIL APPROVAL OF THE
CAMPBELL DRAFT GENERAL PLAN
1. INTRODUCTION AND BACKGROUND
A. Purpose. This document sets forth the Statement of Overriding Considerations by the
Campbell City Council in support of the approval of the Campbell Draft General Plan and
Zoning Map Amendments.
This Statement of Overriding Considerations is made in compliance with the California
Environmental Act ("CEQA", Public Resources Code Section 21000 et seq., with particular
reference to Sections 15092 and 15093).
B. The Project. 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.
C. The CEQA Process. 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 environmental impacts of the proposed Project.
The EIR 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 A venue and McGlincey Lane during the AM peak hour. Intersections that
would be significantly impacted are: Bascom Avenue/Hamilton Avenue, Campbell
A venuelUnion Avenue, Winchester BoulevardlHacienda Avenue, and Winchester
BoulevardlKnowles Drive.
1. 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 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) of CEQA.
Impact Geologic-I: 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.
Statement of Overriding Considerations Draft General Plan
November 6,2001
Page 2
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 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: Bui1dout of the Draft General Plan would increase traffic and
adversely impact four intersections (Bascom/Hamilton, CampbelllUnion,
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 City Council 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.
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.
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.
This intersection is fully built out, with one new (2 to 3 years) bank building on the
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Statement of Overriding Considerations Draft General Plan
November 6,2001
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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 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.
WinchesterIHacienda - 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.
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 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 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,
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Statement of Overriding Considerations Draft General Plan
November 6,2001
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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
pred,ominately (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.
2. 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.
3. The City Council 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 City Council recommends that the City Council adopt this Statement of
Overriding Considerations.
II. THERECORD
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The record (the "Record") of the City Council 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
1. Documentary and oral evidence received by the Planning Commission during public
hearings and meetings on the Project.
M. The staff report on the Planning Approvals and the accompanying resolutions,
findings, conditions and related documents.
N. Evidence presented to the Planning Commission.
O. 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.
P. The oral and documentary evidence presented to the City Council and matters of
common knowledge to the City Council 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.
III. STATEMENT OF OVERRIDING CONSIDERATIONS
The City Council has fully considered the discussion and analysis in the Record regarding
the environmental impacts and socioeconomic effects of the Project.
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.
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Accordingly, the City of Campbell adopts the following Statement of Overriding Considerations.
The City of Campbell recognizes that a significant and unavoidable impact 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.
Anyone 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
proj ect. 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.
Adoption of The Draft General Plan will allow for the realization of the goals outlined within
the City's Strategic Plan.
Statement of Purpose of the Campbell Strategic Plan
The Strategic Plan was adopted in 1993 and 1994 after extensive community participation
through public forums. The resulting Community Vision and Strategic Goals and Objectives
provide a blueprint of the future desired by the Campbell Community. "The Strategic plan is
intended to provide the foundation for other planning processes in the City, as well as City
Budgets and annual work plans."
The strategic planning process was intended to provide the basis from which the General Plan
would be developed. The strategic planning process, used for years in the private sector, was
adapted to identify issues facing the community. It charted a course for the future and
developed specific strategies to achieve that desired future. The Strategic Planning process
required the community to make choices, set priorities and focus on key issues. It is a
planning process that explicitly considers resources.
Key findings that focused the direction of the plan's development were the fact that, when
compared to other jurisdictions in the County, Campbell ranked 11 th out of 15 in terms of per
capita revenue and per capita expenditures; City service costs have outpaced revenue growth
rates; the City is increasingly required to develop mandated environmental programs;
Campbell has a shortage of open-space; annual street maintenance is highly under-funded;
and there is an increasing need for youth and teen programming. The City of Campbell must
of necessity balance a variety of competing community needs in making decisions on
departmental work plans and budget allocations. The Strategic Plan is the tool that guides
that decision making process.
Adoption of the Draft General Plan or Industrial Alternative will allow for the realization of the
goals outlined within the City's Strategic Plan as illustrated in the following list:
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I) The General Plan Goals, Policies and Strategies derive from the Strategic Plan:
a) Strategic Plan Land Use Objective 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 9.1 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.
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 all new
residential, commercial and industrial development.
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 11.1g 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
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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 11.1d); Safe walking and
bicycle routes (LUT 11.2b).
2) 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 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 needs of Campbell residents
(LUYT B.1b; and Evaluate the fiscal effects of different land uses on City revenues and
services (LUT B.1d).
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
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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-
lOa; 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.l 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-gomg 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 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.la).
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
Alternatives
The City Council 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.
The No Growth Alternative, which would essentially "freeze" existing land uses, would not
allow the City to achieve the goals contained within the Draft General Plan or the Strategic Plan.
The No Project Alternative
The No Project (existing General Plan) and the No Growth (existing conditions) alternatives
would eliminate or substantially reduce impacts caused by the proposed Project. The Industrial
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Development alternative is evaluated in response to community concerns raised at the pubic
scoping sessions regarding the elimination of industrial uses in the southeast McGlincey Lane
and north Dell Avenue areas. The Industrial Housing alternative is considered in response to the
continuing demand for housing throughout the region. No other program alternative were
considered as there were no issues raised as part of the scooping process or impacts identified in
Chapter IV that warranted the consideration of another alternative. Additionally an alternative
location was not considered since the project being considered is an update to the citywide
General Plan, which effect properties throughout the City.
No Growth Alternative
This alternative assumes that the City is completely built out and no development of vacant or
under utilized parcels would occur. There would be no increase in residential units, employment
or commercial uses. Only policies from the Draft General Plan associated with maintaining
existing development would be included in the General Plan that would be adopted under this
alternative. The No Growth alternative would greatly hinder the attainment of the goals of the
Strategic Plan by not allowing any growth or development of the City.
Industrial Alternative
The Industrial alternative assumes that the North Dell Avenue and South/East McGlincey Lane
areas proposed to be redesignated to Research & Development as part of the Draft General Plan
would remain Industrial. It assumes that these areas would experience an increase in the
development of light industrial uses and that the current industrial areas (South Dell and SOCA)
would be redeveloped with office and/or research & development (R&D) uses. Development of
the Industrial alternative would result in approximately 550,000 square feet of new industrial
floor area and less office and commercial floor area than the Draft General Plan. The overall
intensity and density of development that would likely occur under this alternative would be less
than the proposed project. The building projections for 2001 under this alternative are as follows:
A population of 41,934 (15 less than the proposed project; 17,881 housing units (five less than
proposed project); and 24,749 jobs (751 less than proposed project).The Industrial Alternative is
the preferred alternative and would allow for the attainment of the goals of the Strategic Plan by
providing for the balanced growth and development of the City and minimizing environmental
impacts.
Increased Housing Alternative
The Increased Housing alternative assumes that residential development located adjacent to
transit centers would occur at the maximum permitted density. Under this alternative, some of
the industrial areas located southeast of Dell Avenue would also be redesignated for multi-family
residential development. Development of the Increased Housing alternative would result in
approximately 790 more residential units and less industrial uses than the Draft General Plan.
The buildout projections for 2020 under this alternative are as follows: a population of 46,980
(5,034 more than proposed project); 20,033 housing units (2,167 more than proposed project);
and 24,689 jobs (811 less than proposed project). The Increased Housing Alternative would be
less effective in achieving the goals of the Strategic Plan because it would allow for a less
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balanced development in terms of housing and employment and would have greater
environmental impacts in terms of traffic and seismic hazards.
Environmentally-Superior Alternative
Overall, the No Growth alternative would be the least environmentally damaging to the City's
resources and infrastructure and be considered the environmentally superior alternative. The
impacts associated with the proposed project would be reduced to the greatest extent with
implementation of the No Growth alternative. However, implementation of this 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 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; and the intensification of development near
future transit stations. 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.
As required by the CEQA Guidelines, if the No Project (and in this case the No Growth)
alternative is identified as the environmentally superior alternative, the EIR must also identify an
environmentally superior alternative among other alternatives.
Among the other alternatives and the proposed Draft General Plan, the Industrial alternative
would have the least amount of impact and be considered the environmentally superior
alternative. Impacts identified for the proposed project that would be reduced under the Industrial
alternative include increased traffic, air emissions and noise and seismic concerns.
IV. Conclusion
Based on the foregoing information and analysis, the City Council finds that the specific
economic, legal, social, technological, and other benefits of the project set forth in this Statement
of Overriding Considerations outweigh the significant effects on the environment.
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