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CC Resolution 9181 +r ,. CITY OF CAMPBELL REDEVELOPMENT AGENCY RESOLUTION NO. 1997-1 CITY COUNCIL OF THE CITY OF CAMPBELL RESOLUTION NO. 9181 A CONCURRENT RESOLUTION OF THE CITY OF CAMPBELL REDEVELOPMENT AGENCY AND THE CITY COUNCIL OF THE CITY OF CAMPBELL CERTIFYING A SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT AND MAKING FINDINGS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IN THE CONSIDERATION OF A PROJECT TO REDEVELOP THE FORMER WINCHESTER DRIVE-IN SITE RESOLVED, by the City of Campbell Redevelopment Agency (the "Agency") and the City Council (the "City Council") of the City of campbell (the "city"), that: WHEREAS, the following recitals summarize information more fully set forth in the attached Exhibit A, which is incorporated in this Resolution by this reference. Various capitalized terms used in this Resolution are more fully defined in Exhibit A; and WHEREAS, the Agency is responsible for redevelopment of the Central Campbell Project Area (the "Project Area") pursuant to the Second Amended and Restated Central Campbell Redevelopment Plan (the "Redevelopment Plan"), as amended; and WHEREAS, the 23.5 acre former Winchester Drive-In site (the "Property") constitutes one of the most underutilized and blighted properties in the Project Area; and WHEREAS, in June 1992 the City Council certified an environmental impact report (the "1992 EIR") that evaluated the environmental impacts of development of a proposed destination retail center on the Property; and WHEREAS, in April 1994 the Agency acquired the Property and thereafter conducted land use and economic feasibility studies and a developer selection process, from which WTA Development was selected to negotiate a disposition and development agreement (a "DDA") for development of the Property; and WHEREAS, WTA Development has proposed development on the Property of an approximately 325,000 square foot high-end research and development and light industrial business park with related on-site and off-site improvements (the "Project"); and 103OQ7.PSO 12/30/96 -1- A- ~ WHEREAS, Agency staff has negotiated a DDA whereby the Agency would sell the Property to a corporate affiliate of WTA Development (the "Developer") and the Developer would develop the Project on the Property; and WHEREAS, the DDA conditions the sale of the Property and the development of the Project on the prior procurement by the Developer from the city of all necessary land use entitlements and approvals (the "Planning Approvals"); and WHEREAS, because the Project contains land uses that vary from the land uses evaluated in the 1992 EIR, the Agency and the city have caused preparation of a Supplemental Environmental Impact Report (the "1996 SEIR") in accordance with the California Environmental Quality Act ("CEQA"), the State CEQA Guidelines, and the Local CEQA Implementing Guidelines; and WHEREAS, the 1996 SEIR builds upon and incorporates analysis from the 1992 EIR that remains valid, while providing new analysis of environmental impacts that will be different as a result of the change in land use proposed for the Project; and WHEREAS, the 1996 SEIR has been expressly prepared to serve as the CEQA document for Agency and city Council consideration of the DDA and the Planning Approvals; and WHEREAS, the Agency serves as the "lead agency" and the City council serves as a "responsible agency" under CEQA in the preparation and certification of the 1996 SEIR; and WHEREAS, through this concurrent resolution, the Agency and the city council desire to comply with CEQA, the State CEQA Guidelines, and the Local CEQA Implementing Guidelines in the consideration, certification, and use of the 1996 SEIR in connection with their consideration of the DDA and the Planning Approvals. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Agency and the City council find that the above recitals and the information contained in Exhibit A are accurate. 2. The Agency and the City council hereby find and certify that the 1996 SEIR has been completed in compliance with CEQA, the State CEQA Guidelines and the Local CEQA Implementing Guidelines; that the 1996 SEIR adequately addresses the environmental issues of the Project; and that the Agency and the city council have reviewed and considered the information contained in the 1996 SEIR prior to acting on the Project and the l03OQ7.PSO 12./30/96 -2- .. .~ discretionary approvals necessary to the disposition of the Property and the development of the Project. 3. The Agency and the city council hereby find and determine that the 1996 SEIR reflects the independent judgment of the Agency and the city Council. 4. The Agency and the City Council hereby identify the significant effects, adopt the mitigation measures, adopt the monitoring program to be implemented for such mitigation measures, and make the findings set forth in detail in the attached Exhibit A. The statements, findings and determinations set forth in Exhibit A are based on the above certified 1996 SEIR and other information available to the Agency and the City council, and are made in compliance with Section 15091 of the State CEQA Guidelines and Section 21081(a) of CEQA. 5. As detailed in Exhibit A, approval and implementation of the Project may have a significant unavoidable environmental impact related to exceedance of carbon monoxide standards at two intersections and, as a result, the Agency and the City council, as applicable, may approve the DDA and the Planning Approvals only if, in connection with such approvals, the Agency and the city Council, as applicable, make a statement of overriding considerations in accordance with Sections 15092 and 15093 of the State CEQA Guidelines and Section 21081(b) of CEQA. 6. Based on the information set forth in Section V.B of Exhibit A, the Agency and the City Council find pursuant to 14 California Code of Regulations Section 753.5(c) that, considering the record as a whole, approval and implementation of the Project involves no potential for adverse 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 with respect to the 1996 SEIR, the DDA (if approved), or the Planning Approvals (if approved). 7. The City Manager and the Redevelopment Manager are authorized and directed to file the appropriate Notices of Determination and Notices of Fee Exemption in connection with the 1996 SEIR, the DDA (if approved), and the Planning Approvals (if approved) . 8. This Resolution shall take immediate effect upon its adoption. l03OQ7.PSO 12.130/96 - 3 - ~ , APPROVAL OF AGENCY: Passed and adopted this 7th day of January, 1997 by the following vote: AYES: AGENCY BOARD MEMBERS: Watson, Furtado, Conant NOES: AGENCY BOARD MEMBERS: Dougherty, Dean ABSENT: AGENCY BOARD MEMBERS: None APPROVED: ~&~ BARBARA CONANT, CHAIRPERSON ATTEST: / \ /J ~ ~~ An ybee, Agency Secretary APPROVAL OF CITY COUNCIL: Passed and adopted this 7th day of January, 1997 by the following vote: AYES: COUNCILMEMBERS: Watson, Furtado, Conant NOES: COUNCILMEMBERS: Dougherty, Dean ABSENT: COUNCILMEMBERS: None APPROVED: '---4~12 ~ BARBARA CONANT, MAYOR ATTEST: //~~." / / ~ (~. ~ Anne Bybee, city lerk l03OQ7.PSO 12./30/96 -4- ~ ~ EXHIBIT A ANALYSIS OF ENVIRONMENTAL IMPACTS, ADOPTION OF MITIGATION MEASURES AND MONITORING PROGRAM, AND FINDING OF FACTS FOR THE PROPOSED REDEVELOPMENT OF THE WINCHESTER DRIVE-IN SITE AND THE SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT PREPARED IN CONNECTION THEREWITH I. GENERAL INFORMATION A. proiect Description. The project (the "Project") under consideration by the city of Campbell Redevelopment Agency (the "Agency") and the City Council of the city of Campbell (the "City council") is an approximately 325,000 square foot research and development/light industrial park on the 23.5 acre former Winchester Drive-In site (the "Property") within the Central Campbell Redevelopment Project Area (the "Project Area") in the city of Campbell, California (the "City"). The Project square footage will be divided among several buildings, which may range in size from approximately 40,000 square feet to approximately 100,000 square feet. The buildings may be one or two stories in height, and likely will be constructed of tilt-up concrete with wood and/br stucco cladding. The proposed site plan of the Project is contained in the 1996 SEIR (defined below) . Development of the Project will require removal of the deteriorated asphalt paving currently on the Property, and site preparation activities such as minor excavation, grading, and possible importation of engineered fill. Off-site improvements will include extension of water and storm drainage facilities to the property, traffic mitigation improvements to affected intersections in the area, and access street improvements. B. Backqround: The 1992 EIR. The Property has been vacant for the past 14 years, and has been under various ownerships. In 1991, Western Federal Savings (then the owner of the Property) submitted a Planned Development permit application (PD91-04) to the City to construct a 245,000 square foot destination retail center on the Property. At the same time, the City and Agency initiated an amendment to the Central Campbell Redevelopment Plan to allow for the addition of the McGlincey Lane Expansion Area, within which the Property is located, to the project Area. The PD permit application for the Property and the redevelopment area expansion were evaluated together under the California Environmental Quality Act (Public Resources Code Section 21000 et l03OQ6.PSO lZl30/96 -1- r. ,I! sea., "CEQA") in an EIR during 1991-92 (SCH#91053013) (the "1992 EIR"). The 1992 ErR consists of a Draft ErR dated September 1991 (SCH#91053013) (the "1992 Draft EIR"), a Final EIR dated March 1992 (containing responses to comments received on the Draft EIR) (the "1992 Final EIR"), and Exhibit A to the 1992 Resolution (described below) (containing certain text additions to the foregoing documents). The 1992 EIR evaluated the then-proposed destination retail development of the Property at a project level of detail and evaluated the other projects proposed to be undertaken in the McGlincey Lane Expansion Area at a program level of detail. The 1992 EIR was certified by the City Council and Agency in a concurrent resolution on June 2, 1992 (Resolution Nos. 8322 and 1992-19, respectively) (the "1992 Resolution"). Findings were contained in the 1992 Resolution in accordance with CEQA, including a statement of Overriding Considerations for impacts pertaining to regional air quality. The destination retail project for the Property evaluated in the 1992 EIR was not developed. The Agency purchased the Property in April 1994. Shortly thereafter, the Agency began a process to determine the optimum land use for the Property. In June 1994, a series of public meetings were held to receive early input into the decision making process. From those meetings a variety of ideas for the Property were obtained, including light industrial, commercial recreation, non-profit recreation, and other uses. These potential uses were then evaluated by an economic consulting firm, Economics Research Associates, to determine the financial feasibility of these uses. In August 1995, the Agency distributed a Request for Proposals (RFP) package to developers, corporations, or other parties that might be interested in purchasing and developing all or a portion of the Property. The Agency received eight proposals from developers. After evaluation of the proposals, the Agency entered into an exclusive negotiating rights agreement with the selected developer, WTA Development of Palo Alto. In December 1996, Agency staff concluded negotiations with WTA Development on the proposed terms of a disposition and development agreement (a "DDA") which was presented for consideration by the Agency and City Council at a duly noticed public hearing on January 7, 1997. C. The 1996 SEIR. The Project as proposed by WTA Development and contemplated in the DDA differs in land use from the destination retail project that was proposed and evaluated in the 1992 EIR in terms of impacts related to traffic/circulation/parking, noise, air quality following 103OQ6.PSO 12/30/96 -2- .. )' buildout, land use, water supply, storm drainage, aesthetics, and alternatives. However, much of the information and analysis contained in the 1992 EIR remains valid for the currently- proposed Project, particularly with regard to impacts involving air quality during construction, hazardous materials, cultural resources, geology, drainage/flooding, biological resources, cumulative impacts, and growth inducing impacts. Under these circumstances, the Agency and the City have determined that a Supplemental EIR (the "1996 SEIR") is required, in accordance with section 15163 of the State CEQA Guidelines (defined below), to build upon the relevant aspects of the 1992 EIR and address the different environmental impacts that may result from the change in the nature of the Project from the project that was evaluated in the 1992 EIR. The determination to prepare the 1996 SEIR is also consistent with the requirements of the 1992 Resolution calling for performance of further appropriate environmental analysis when a specific project proposal for the Property is presented for Agency and City Council consideration. The 1996 SEIR incorporates by reference the 1992 EIR. The 1996 SEIR consists of the Draft Supplemental Environmental Impact Report dated October 1996 (SCH#96082018) (the "Draft 1996 SEIR") and a Final Supplemental Environmental Impact Report dated December 1996 (the "Final 1996 SEIR") (containing responses to comments on, and making certain revisions to, the Draft 1996 SEIR), as more fully described below. The 1996 SEIR has been prepared in accordance with the California Environmental Quality Act ("CEQA"), the State CEQA Guidelines (14 California Code of Regulations Section 15000 et sea., with particular reference to section 15163), and the City's and Agency's Local CEQA Implementation Guidelines. CEQA and the State CEQA Guidelines authorize preparation of a supplement to an EIR when certain conditions are present, and when limited additions or changes would be necessary to make the previous EIR adequately apply to the project in the changed situation. A supplement to an EIR must be given the same kind of notice and review as is given to an initial EIR. To that end, the Agency issued a Notice of Preparation ("NOP") for the Draft 1996 SEIR to the State Clearinghouse and others on August 7, 1996. The required 30-day notice period for the Nap ended on September 6, 1996. In addition, the Agency/City conducted a public scoping meeting for the Project on July 24, 1996. The Draft 1996 SEIR was circulated.from October 2 to November 16, 1996 to various Federal, State, and local agencies 103OQ6.PSO 12/30/96 -3- r; I' for their review and comment. The Draft 1996 SEIR was also provided to the Campbell Library, and was made available to members of the general public. A public meeting on the Draft 1996 SEIR was held on October 29, 1996 at 7:00 p.m. at the Campbell City Hall Council Chambers. Approximately 10 members of the public were in attendance at the workshop. The Final 1996 SEIR was made available to the public and distributed to the public agencies that commented on the Draft 1996 SEIR on December 18, 1996. The Final 1996 SEIR contains responses to 12 letters received during the Draft 1996 SEIR comment period and to comments made at the October 29, 1996 public workshop on the Draft 1996 SEIR. The Final 1996 SEIR also contains text revisions to the Draft 1996 SEIR made a result of responding to the comments received. The 1996 SEIR (with the 1992 EIR incorporated by reference) came before the Agency and the City Council on January 7, 1997 at a duly noticed joint public hearing, at which time the Agency and City Council heard oral testimony and received written communications. D. Use of 1996 SEIR; Imposition of Mitiqation Measures. Two primary sets of local discretionary approvals are required before the Project may be developed. The first set of approvals consists of approval by the Agency, and consent by the City Council (with specified findings under the Community Redevelopment Law), of the DDA. The DDA sets forth the terms and conditions under which the Agency will sell the Property to WTA Campbell Technology Park LLC (the "Developer"), a corporate affiliate of WTA Development, and under which the Developer will develop the Project on the Property. A primary condition to the sale of the Property is that the Developer must first obtain a set of planning approvals from the City (the "Planning Approvals"). Approval of the DDA is scheduled for consideration at the duly noticed January 7, 1997 joint public hearing described above. The Planning Approvals constitute a second set of local discretionary approvals necessary to development of the Project. The Planning Approvals may include a proposed General Plan amendment, a Zoning Ordinance amendment, approval of a planned development permit, approval of a vesting tentative map, architectural design and site layout approval, and a determination that disposition of the Property under the DDA is consistent with General Plan (as amended). The Planning Approvals will be considered for approval or denial by the City 1030Q6.PSO 12/30/96 -4- " f' council upon recommendation of the Planning commission (except for the General Plan consistency finding, which may be made directly by the Planning commission). It is anticipated that the Planning Approvals will be processed for final consideration in the first half of 1997. Approval of the DDA alone will not result in disposition of the Property to the Developer or development of the Project, and does not affect the city council's discretion in granting or denying the Planning Approvals. As noted above, granting of the Planning Approvals is an absolute condition to disposition of the Property and development of the Project under the DDA. However, since approval of the DDA is the first step in a sequence of local discretionary approvals that could foreseeably result in disposition of the Property and development of the Project, the Agency and the City have determined, consistent with sound CEQA principles, to prepare, consider and certify the 1996 SEIR (with the accompanying findings set forth in this Exhibit A) at the earliest feasible time--that is, in connection with consideration of approval of the DDA. The 1996 SEIR is then expected to serve as the CEQA document for consideration of the Planning Approvals for the Project. Because the Agency will consider the first local discretionary approval (approval of the DDA), the Agency has served as the "lead agency" under CEQA for the 1996 SEIR. Because the city Council will consider subsequent local discretionary approvals (the Planning Approvals), the City Council has served as a "responsible agency" under CEQA for the 1996 SEIR. In section IV of this Exhibit A, the Agency and the City council adopt specified mitigation measures to address potentially significant environmental impacts of the Project. If the Agency and city Council approve the DDA in their policy discretion and if the City council and Planning Commission approve the Planning Approvals in their policy discretion, these adopted mitigation measures will be imposed through conditions of the Planning Approvals. Imposition of EIR mitigation measures through conditions of land use approval is the standard procedure in Campbell, and most localities, for imposing mitigation measures related to specific projects. If the DDA and/or Planning Approvals are not approved, so that the Project cannot be implemented without reprocessing and further public action, the mitigation measures set forth in this Exhibit A would, of course, become moot. Nothing in this Exhibit A or the Resolution to which it is attached will affect the Agency's, the City council's (or the Planning Commission's) discretion, as applicable, in approving l03OQ6.PSO 12/30/96 -5- ,. J' the DDA, in granting or denying the Planning Approvals, or in imposing conditions of approval in addition to the mitigation measures adopted below. II. THE RECORD The record (the "Record") of the Agency and the City Council relating to the Project and its potential environmental effects includes: A. B. C. D. E. F. G. l03OQ6.PSO 12/30/96 The 1996 SEIR, consisting of the Draft 1996 SEIR and the Final 1996 SEIR; The 1992 EIR, consisting of the 1992 Draft EIR, the 1992 Final EIR and Exhibit A of the 1992 Resolution; The 1992 Resolution; The DDA; The summary of the DDA prepared by Agency staff in December 1996 pursuant to Health and Safety Code section 33433 (the "section 33433 Summary"). Detailed Evaluation of Winchester Drive-In site Alternatives, prepared for the Agency by Economic Research Associates, dated February, 1995 (the "ERA Alternatives Study"); staff memoranda to the Agency Board dated February 20, 1996 and April 16, 1996 discussing land use alternatives and developer selection for the Property (the "Staff Reports on Alternatives"). H. The staff report accompanying this Resolution, the 1996 SEIR and the DDA dated January 7, 1997 (the "DDA Staff Report"); I. The Second Amended and Restated Central Campbell Redevelopment Plan (the "Redevelopment Plan"); J. The 1992 Report to city council on the Redevelopment Plan, and supplements thereto (the "Report to Council"); K. The City of Campbell Redevelopment Agency AB 1290 Implementation Plan and AB 315 Affordable Housing Production Plan for the Central Campbell Redevelopment -6- ,~ J I Project Area, adopted by the Agency on November 15, 1994 pursuant to Health and Safety Code section 33490 (the "Implementation Plan") . L. Documentary and oral evidence received by the Planning commission, the Agency and the City council during public hearings and meetings on the Project and the 1996 SEIR; M. Matters of common knowledge to the Agency and the City council which they have considered, such as the City of Campbell General Plan (the "General Plan"), and prior resolutions and ordinances of the Agency and the city. III. OVERALL FINDINGS Before the Agency and the City council may act upon the discretionary approvals described in section 1.0 above, CEQA mandates that the Agency, as lead agency, and the city Council, as a responsible agency, consider the Record and make certain findings required by Public Resources Code Section 21081(a) 'and section 15091 of the State CEQA Guidelines. The 1996 SEIR (which incorporates the 1992 EIR) identifies potentially significant impacts on the environment which are likely to result from development of the Project. Based on the following findings as to each such impact, the Agency and the City Council conclude that changes or alterations have been adopted and will be incorporated into the Project which avoid or substantially lessen all potentially significant environmental impacts identified by the 1996 SEIR, except for the local air quality impact identified in section IV.C.2 and in section VI below. Further, as required by Public Resources Code section 21081.6, a monitoring program is adopted for the mitigation measures stated in and required by this Exhibit A. The purposes of the findings contained in this Exhibit A include: (1) certifying the 1996 SEIR prepared for the discretionary approvals described in section 1.0 above; (2) briefly describing and summarizing the potentially signifi- cant environmental impacts of the Project; (3) describing mitiga- tion measures for, and alternatives to, the Project; and (4) presenting the Agency's and the City's findings as to the impacts of the Project after adoption or rejection of the mitigation measures and alternatives. In addition, section V of this Exhibit A adopts mitigation measures for certain other environmental impacts that were addressed in the 1996 SEIR (including the 1992 EIR incorporated by reference), but l03OQ6.PSO 12,/30/96 -7- .1 J I determined not to be potentially significant adverse environmental impacts. The description of impacts contained in this Exhibit A is intended as a summary only. The 1996 SEIR, and the documents which it incorporates (including the 1992 EIR) , describe these impacts in detail. The Agency and City Council certify that the 1996 SEIR has been completed in compliance with CEQA and that it was presented to, and reviewed and considered by, the Agency and City council prior to acting on the discretionary approvals related to the Project. In so certifying, the Agency and the city Council recognize that there may be "differences" among and between the information and opinions offered in the documents and testimony that make up the Record. Therefore, by these findings (including Exhibit A and the resolution adopting this Exhibit A), the Agency and the City council adopt the clarifications and/or modifica- tions of the 1996 SEIR as set forth in these findings, and determine that these findings shall control and that the 1996 SEIR shall be deemed to be certified subject to the determinations reached by the Agency and the City council in these findings, which are based on the substantial evidence in the Record described above. IV. POTENTIALLY SIGNIFICANT IMPACTS OF THE PROJECT In compliance with Public Resources Code section 21081(a) and section 15091 of the State CEQA Guidelines, this Section IV analyzes and makes required findings regarding the potentially significant environmental impacts of the Project as identified in the 1996 SEIR, including the potentially significant impacts identified in the 1992 EIR that have been found to remain relevant to the currently contemplated Project on the Property. The following analysis and findings are based on substantial evidence in the Record. For each identified potentially significant environmental impact, this section IV: (1) summarizes the impact, (2) describes and adopts applicable mitigation measures for the impact, (3) adopts a monitoring program for the adopted mitigation measure(s) in accordance with Public Resources Code section 21081.6, and (4) makes one of the findings required by Public Resources Code section 21081(a) section 15091 of the State CEQA Guidelines. The proposed monitoring programs are detailed in Attachment 1 to this Exhibit A. The identified impacts are considered by major impact category, generally in the order set forth in the 1996 SEIR. 103OQ6.PSO 12/30/96 -8- .' ~ I A. TRAFFIC/CIRCULATION/PARKING 1. Traffic Impact at Union Avenue/McGlincev Lane Intersection. a. PotentiallY Siqnificant Impact. Operating at a level of service ("LOS") E under the background traffic conditions, the Union Avenue/McGlincey Lane intersection would operate at a projected LOS F under the Project condition, constituting a significant impact under the traffic impact criteria defined in section 3.1 of the Draft 1996 SEIR. Under the existing roadway conditions and with the projected Project condition traffic, it is anticipated that the eastbound movements of this intersection would experience excessive delay. The signal warrants analysis contained in section 3.1 of the Draft 1996 SEIR also indicates the need for installation of a traffic signal at this intersection. b. Mitiqation Measures. (1) A traffic signal will be installed at this intersection following Project completion. (2) An exclusive eastbound left-turn lane will be provided from MCGlincey Lane to Union Avenue. (3) Three parking spaces will be removed at the east leg of the intersection (on the south side of McGlincey Lane). (This mitigation measure will, in turn, cause a parking impact described in section IV.A.4 below.) c. Monitorinq Proqram. The monitoring program identified under Category I.A.1 (Union/McGlincey Intersection) in Attachment 1 to this Exhibit A is hereby incorporated by reference as the monitoring program for the above described mitigation measures. d. Findinq. The above mitigation measures and monitoring program are hereby adopted. Based on the information and analysis in sections 1.2.1 and 3.1 of the Draft 1996 SEIR, the finding is made that adoption of the above mitigation measures and monitoring program will avoid or substantially lessen the potentially significant traffic impact of the Project on the Union Avenue/McGlincey Lane intersection. with the implementation of the traffic signal and eastbound turn lane measures, the Union Avenue/McGlincey Lane intersection is projected to operate at LOS D or better under Project conditions, thus resulting in an acceptable service level under the traffic 1030Q6.PSO 12.130/96 -9- .' J,' impact criteria employed by the city of Campbell and city of San Jose. 2. Traffic Impact at Camden/Union Intersection. a. PotentiallY Significant Impact. Operating at LOS E (or LOS F based on the City of San Jose level of service methodology) under the background and Project conditions, this intersection would experience a 1.35 percent increase in critical movement volumes. As indicated in section 3.1 of the Draft 1996 SEIR, the city of San Jose defines a project as having a significant impact if the addition of the Project traffic increases the critical movement volumes by more than one percent at an intersection operating at LOS E or F under the background condition. b. Mitiqation Measures. The northbound approach (on Union Avenue) will be restriped to provide an exclusive right-turn lane. c. Monitorinq Proqram. The monitoring program identified under Category I.A.1 (Camden/Union Intersection) in Attachment 1 to this Exhibit A is hereby incorporated by reference as the monitoring program for the above described mitigation measure. d. Findinq. The above mitigation measure and monitoring program are hereby adopted. Based on the information and analysis in sections 1.2.1 and 3.1 of the Draft 1996 SEIR, the finding is made that adoption of the above mitigation measure and monitoring program will avoid or substantially lessen the potentially significant traffic impact of the Project on the Camden Avenue/Union Avenue intersection. Level of service and traffic operations at the Camden Avenue/Union Avenue intersection can be improved by re-striping the northbound approach of the intersection and adding a new exclusive right-turn lane. Addition of the northbound right-turn lane will result in improvement of LOS F to LOS E at this intersection, based on the City of San Jose level of service methodology, resulting in less than 1 percent increase in critical movement volumes. This result is within the acceptable service level range under the traffic impact criteria employed by the City of Campbell and the City of San Jose. 3. Traffic Impact at McGlincev Lane/Curtner Avenue Intersection. a. PotentiallY Siqnificant Impact. The results of signal warrant analysis indicate that signal warrant 11, Peak 1030Q6.PSO 12/30/96 -10- II' Hour Volume Warrant, is met at the McGlincey Lane/Curtner Avenue intersection. (Section 4 (Traffic/circulation subsection) of the 1992 Draft EIR also indicated the need for improvement of this intersection.) b. Mitiqation Measures. Instead of a traffic signal, traffic operations will be improved through a reconfiguration of the intersection, generally as described in section 4 (Traffic/Circulation subsection) of the 1992 Draft EIR and section 3.1 of the Draft 1996 SEIR, to accommodate through traffic from Curtner Avenue eastbound to McGlincey Lane northbound. Details of the intersection reconfiguration design are still being developed. c. Monitorinq Proqram. The monitoring program identified under Category I.A.3 in Attachment 1 to this Exhibit A is hereby incorporated by reference as the monitoring program for the above described mitigation measure. d. Finding. The above mitigation measure and monitoring program are hereby adopted. Based on the information and analysis in section 4 (Traffic/Circulation subsection) of the 1992 Draft EIR and section 3.1 of the Draft 1996 SEIR, the finding is made that adoption of the above mitigation measure and monitoring program will avoid or substantially lessen the potentially significant traffic impact of the Project and surrounding uses on the McGlincey Lane/Curtner Avenue intersection. The proposed intersection reconfiguration will effectively redirect traffic in a manner that will substantially lessen the identified traffic impact at this intersection. 4. parkinq Impact. a. PotentiallY Siqnificant Impact. The mitigation measure described in section IV.A.1.b.(3) above will result in the removal of three parking spaces near the intersection of Union Avenue and McGlincey Lane. b. Mitiqation Measure. The City will provide at least three replacement parking spaces on McGlincey Lane by removing existing unwarranted parking restrictions and red curbs in the area. c. Monitorinq Program. The monitoring program identified under Category I.A.2 in Attachment 1 to this Exhibit A is hereby incorporated by reference as the monitoring program for the above described mitigation measure. 1030Q6.PSO 12/30/96 -11- . '", d. Findinq. The above mitigation measure and monitoring program are hereby adopted. Based on the information in Sections 1.2.1 and 3.1 of the Draft 1996 SEIR, the finding is made that adoption of the above mitigation measure and monitoring program will avoid or substantially lessen the potentially significant parking impact of the Project. provision of replacement parking on a 1:1 or better basis in the same vicinity as the lost spaces will retain the same level of off-site parking as existed prior to reconfiguration of the MCGlincey Lane/Union Avenue intersection. B. NOISE 1. Construction Noise Impact. a. Potential Iv Siqnificant Impact. Construction of the Project would require some grading, limited excavation, and the use of other equipment typically necessary during construction of commercial and industrial projects. Typical construction noise levels are shown in Figure 3-13 of the Draft 1996 SEIR. These are maximum noise levels generated by each individual piece of construction equipment at a distance of 50 feet. Noise levels at the mobile home park would be highest when construction takes place near the mobile home park adjoining the Property to the east. Noise levels would be reduced when construction takes place further away from this Property boundary. Average noise levels (Le ) during busy construction periods typically range from 75-85 ~ecibels ("dBA") at a distance of 50 feet from the center of construction activity. Average noise levels would, therefore, be audible above ambient noise levels, and above a 60 dBA threshold typically used to assess speech and activity interference. b. Mitiqation Measures. (1) Noise generating construction activities will be restricted to the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, unless otherwise approved by the Public Works Director. (2) All internal combustion engine-driven equipment will be maintained in a good working condition, and fitted with mufflers which are also in good condition. (3) Noise sources, such as air compressors and concrete pumpers, will be located as far as possible from the nearest residences. 103OQ6.PSO 12/30/96 -12- ..\ (4) The Developer and/or the City will designate a "disturbance coordinator" who will be responsible for responding to complaints about noise (e.g., starting too early, poor mufflers, etc.). This person will have the authority to take the necessary actions to gain conformance with these conditions. The telephone number and name of this person will be conspicuously posted at the construction site to provide communication among the neighbors, the Developer, and the city. c. Monitorinq Proqram. The monitoring program identified under Category I.B.2 in Attachment 1 to this Exhibit A is hereby incorporated by reference as the monitoring program for the above described mitigation measures. d. Findinq. The above mitigation measures and monitoring program are hereby adopted. Based upon the information and analysis in sections 1.2.1 and 3.2 of the Draft 1996 SEIR, the finding is made that adoption of the above mitigation measures and monitoring program will avoid or substantially lessen the potentially significant impact of construction noise described above. Limiting construction hours, maintaining equipment in good condition, locating significant noise-generating equipment away from residences, and designating a disturbance coordinator with specified responsibilities are established methods used in Campbell and other localities to reduce construction noise from a project such as the Project below the acceptable thresholds identified in section 3.2 of the Draft 1996 SEIR. 2. Impact of Noise Generated bv Proiect. a. Potentially Siqnificant Impact. The Paseo de Palomas mobile home park adjoins the Property to the northeast. The proposed site plan for the Project includes a 50-foot landscaped buffer along the northeastern Property boundary. The Project is not expected to result in a substantial increase in noise at the mobile home park. It is, however, possible that mechanical equipment on Project buildings could generate noise exceeding existing ambient levels and appropriate property line limits. b. Mitiqation Measures. (1) The noise standards in Table 3-12 of the Draft 1996 SEIR will be applied as performance standards for the proposed Project which may affect noise sensitive land uses. Exceptions to the standards shall be limited to the following: l030Q6.PSO 12/30/96 -13- " (A) In the event the measured ambient noise level exceeds the applicable noise level standard in the category expressed in Table 3-12, the applicable standard will be adjusted so as to equal the ambient noise level. (B) Each of the noise level standards specified in Table 3-12 will be reduced by 5 dBA for simple tone noises, noises consisting primarily of speech or music, or for recurring impulsive noises. (2) Consistent with City policy, a solid masonry sound wall will be required at the common boundary of the Property and adjacent residential use. c. Monitoring Proqram. The monitoring program identified under Category I.B.1 in Attachment 1 to this Exhibit A is hereby incorporated by reference as the monitoring program for the above described mitigation measures. d. Findinq. The above mitigation measures and monitoring program are hereby adopted. Based upon the information and analysis in sections 1.2.1 and 3.2 of the Draft 1996 SEIR, the finding is made that the adoption of the above mitigation measures and monitoring program will avoid or substantially lessens the potentially significant impact of noise generated by the Project described above. Adherence to the performance standards set forth in Table 3-12 of the Draft SEIR (which standards have been developed through extensive scientific research for application in situations like the Project) will reduce noise from mechanical equipment in the Project to acceptable levels on surrounding uses, as defined in section 3.2 of the Draft 1996 SEIR. Likewise, the City has found from past experience that masonry soundwalls significantly mitigate noise impacts of office/commercial uses on adjacent residential uses. C. AIR QUALITY 1. Construction Impacts. a. PotentiallY Siqnificant Impact. Construction activities associated with the Project would create additional sources of dust from clearing, grading, and other construction- related activities. (This potential impact was identified in the 1992 EIR and is found to be relevant to the Project, as noted in section 1.2.2 of the Draft 1996 SEIR). l03OQ6.PSO 12130/96 -14- . r b. Mitiqation. (1) Earthmoving or other dust-producing activities for the Project will be suspended during high wind periods when dust is readily visible in the air. (2) Equipment and manpower for watering of all exposed or disturbed soil surfaces will be provided at least twice daily, including weekends and holidays. An appropriate dust palliative or suppressant, added to water before application, will be utilized. (3) stockpiles of debris, soil, sand, or other materials that can be blown by the wind will be watered or covered. (4) Construction areas and adjacent streets will be swept of all mud and debris, since this material can be pulverized and later resuspended by vehicle traffic. (5) The speed of all construction vehicles will be limited to 15 miles per hour while on site. c. Monitorinq Proqram. The monitoring program identified under category II.A.l in Attachment 1 to this Exhibit A is hereby incorporated by reference as the monitoring program for the above described mitigation measures. d. Findinq. The above mitigation measures and monitoring program are hereby adopted. Based upon the information and analysis in section 4 (Air Quality subsection) of the 1992 Draft EIR and section 1.2.2 of the Draft 1996 SEIR, the finding is made that the adoption of the above mitigation measures and monitoring program will avoid or sUbstantially lessen the potentially significant impact on air quality resulting from Project construction described above. The use of watering alone for dust control is estimated to reduce dust emissions by approximately 50 percent. The combined effect of the above mitigation measures, including the use of a dust suppressant, would have a control efficiency of 70 to 80 percent, which would reduce construction-related air quality impacts to a less than significant level. 2. Impact Following Construction. a. PotentiallY Siqnificant Impact. When compared to the background conditions, traffic generated by the Project would create slight differences in carbon monoxide ("CO") concentrations. The Project would result in increases in co 103OQ6~SO 12/30/96 -15- concentrations at two intersections (Union/Campbell and Camden/Curtner), no change at two intersections (Bascom/Camden and Bascom/Curtner), and a decrease at one intersection (Bascom/Union). The decrease in concentration is likely a result of changes in signal timing to accommodate the changes in traffic levels. At most, the Project would increase 1-hour CO levels by 0.4 parts per million ("ppm") and 8-hour CO levels by 0.3 ppm relative to background conditions. The Bay Area Air Quality Management District ("BAAQMD") has issued guidelines for evaluating the significance of air quality impacts (BAAQMD, 1995). For carbon monoxide concentrations from motor vehicles, a project would have a significant impact if it causes a new exceedance of a CO standard or makes worse an existing exceedance. As a result, the increase in concentrations at the Camden/Curtner and Union/Campbell intersections would represent a significant air quality impact because 1-hour and 8- hour CO exceedances would become worse under Project conditions. Air quality impacts at the other intersections would be less than significant. b. Mitigation Measure. The most commonly applied mitigation measures for automobile-generating pollutants (and the only possible ones identified by the experienced preparer of the 1996 SEIR and by the Agency and City Council) are Transportation Demand Management or Transportation Systems Management programs (collectively, a "TDM/TSM Program"). For reasons set forth in the findings below, a TDM/TSM Program is not adopted as a mitigation measure for the Project impacts on CO concentrations at two specified intersections following construction. c. Monitorinq Proqram. Not applicable. d. Findinq. Based on the information and analysis in sections 1.2.1 and 3.3 of the Draft 1996 SEIR and for the reasons summarized below, the findings are made that the identified air quality impact could not be reduced to a less than significant level even with the implementation of a TDM/TSM Program, and that specific economic, social or other considerations make infeasible the TDM/TSM Program mitigation measure identified in the 1996 SEIR. An aggressive TDM program has the potential to marginally reduce daily trips by about 10 to 25 percent, and air quality impacts associated with automobile usage would be reduced proportionally. However, a 10 to 25 percent reduction in the daily trips associated with the Project would not bring the local air quality impacts at the two identified intersections to below l030Q6.PSO 12/30/96 -16- a level of significance. Significant unmitigatable air quality impacts would continue to occur at the intersections identified above even if a TDM/TSM Program were adopted. Some reasons for the limited effectiveness of a TDM/TSM Program are as follows. Although promising in concept, reducing peak hour traffic through trip demand management has not proved to be an effective tool in changing trip behavior by employees, except for very large employers whose employees for the most part work on fixed schedules. For carpooling to be effective, there must be a large enough employee base so that a significant number of persons interested in carpooling and with similar origins and work times can be matched. For the transit mode, there must be a high level of transit on streets that are within 1/4 mile of the work site. And in both cases, there must be time and/or cost incentives, such as high occupancy vehicle (HOV) lanes and preferential parking. Unfortunately, many of these factors are beyond the control of an individual developer. It can not influence residential location, the level of transit service, or the extent to which HOV lanes have been added to freeways and expressways. Unfortunately, neither the proposed Project nor its size or usage fit well the conditions that are prime candidates for successful TDM/TSM programs. Forcing the Developer to have such a program would not be cost-effective and likely would not increase the number of non-single occupancy vehicle trips beyond what would occur through informal participation. The distance of the Property from transit routes, free on-site parking, and the absence of HOV lanes on Highway 17 eliminate the most promising incentives that could be used in a TDM/TSM Program. Finally, the nature and size of the proposed Project is not one that is likely to have a large enough beneficial effect to justify a TDM/TSM Program. While the benefits of the TDM/TSM Program would not significantly reduce the identified air quality impact, the cost of imposing a TDM/TSM Program could be sufficiently severe as to render it impractical to proceed with the Project. The Project, at full buildout, will contain about 325,000 square feet of building space and employ an estimated 750 employees. A program of this size is not large enough to create a critical mass and economies of scale that would support the cost of a TDM/TSM Program. Such costs include information dissemination, ridership coordination, administration, monitoring, and enforcement. These costs are relatively fixed, regardless of project size. Since the Property is being sold for its full fair market value as documented in the section 33433 Summary, there is by definition no excess Developer profit to pay such cost directly or through reduced rents that might enable end users to pay such l030Q6.PSO 12/30/96 -17- costs. As documented in the section 33433 Summary, it is not feasible to spread these costs to the end users of the Project because the proportional burden of the relatively fixed cost on each end user of such a small project would make the Project a noncompetitive location for the typical end user of this type of business park in the silicon Valley. The Agency and city Council are not aware of successful business park developments in the silicon Valley of similar scope to the proposed Project in which a TDM/TSM Program has been imposed, and no such program has been imposed on other developments in Campbell for similar reasons. Further, because of the Property's relatively isolated location, a TDM/TSM Program would be difficult to coordinate with existing public transit routes and facilities. Because of the likely multiple ownership of parcels in the Property upon buildout of the Project and the multiplicity of separately owned businesses in the surrounding McGlincey Lane industrial area, it would be administratively and legally impractical, if not impossible, to coordinate a large enough mass of geographically related employment generators in the vicinity of the Project to economically support a TDM/TSM Program. In summary, the relatively fixed costs of a TDM/TSM Program are too high to be borne by the Developer or end users without rendering the Project non-competitive and impractical. The benefits of such a TDM/TSM Program would be marginal and would not reduce the significant air quality impact described above to a non-significant level. For these reasons, economic and other considerations make infeasible the TDM/TSM Program identified in the 1996 SEIR. It should be noted that, for similar reasons, the experienced EIR consultant did not recommend adoption of the identified mitigation measure. D. WATER SUPPLY CONSTRUCTION IMPACT 1. Potentiallv Siqnificant Impact. According to the Central Fire District and San Jose Water Company, the fire flow requirement for development of the Property with the proposed Project would be 3,500 gallons per minute (ltgpm"). According to a study performed by the San Jose Water Company, the existing water supply system serving the Property is not adequate to provide the required fire flow. the Water Company has identified the improvements required to provide the needed fire flow to the Property. These improvements would be both within and outside the McGlincey Lane area, and would generally consist of new water pipes, new hydrants, meters, and ancillary items. The impacts associated with installation of water system improvements would 103OQ6.PSO 12/30/96 -18- primarily be construction-related impacts such as noise, dust, and traffic diversion. 2. Mitiqation Measures. a. In consultation with the Central Fire District and San Jose Water Company, the Developer and/or city will install the necessary water supply improvements to provide adequate fire flows to the Property. b. Construction activities related to installation of the proposed water supply improvements will be coordinated with the appropriate jurisdiction to reduce construction-related impacts. c. specifically, the construction mitigation measures described in section IV.B.1 and C.1 above will be implemented and are incorporated in this section IV.D by this reference. 3. Monitoring Proqram. The monitoring program identified under Category 1.0.1 in Attachment 1 to this Exhibit A is hereby incorporated by reference as the monitoring program for the above described mitigation measures. 4. Findinq. The above mitigation measures and monitoring program are hereby adopted. Based upon the . information and analysis in Sections 1.2.1, 3.2, 3.3, and 3.5 of the Draft 1996 SEIR, the finding is made that adoption of the above mitigation measures and monitoring program will avoid or substantially lessen the potentially significant construction- related impacts of installing water supply improvements described above. Coordinating with the relevant regulatory agencies, limiting construction hours, maintaining equipment in good condition, locating significant noise-generated equipment away from residences, designating a disturbance coordinator with specific responsibilities, and implementing specified dust suppression measures are established methods used in Campbell and other localities to reduce construction-related impacts from public utility improvement projects, such as noise, dust and traffic diversion, to an acceptable, non-significant level. E. STORM DRAINAGE CONSTRUCTION IMPACT 1. potentiallY Siqnificant Impact. Specific storm drain improvements for the proposed project will likely consist of a new storm drain on the Property itself, catch basins, and possibly some off-site improvements (as further detailed in Exhibit G of the OOA). If off-site improvements are required, 103OQ6.PSO 12/30/96 -19- the impacts associated with those improvements would primarily be construction-related impacts such as noise, dust, and traffic diversion. 2. Mitiqation Measures. The above-identified construction-related impacts will be mitigated through compliance with the city's ordinances and regulations relating to infrastructure construction in city rights-of-way. In addition, the construction mitigation measures described in Section IV.B.1 and IV.C.1 above will be implemented and are incorporated in this section IV.E by this reference. 3. Monitorinq Proqram. The monitoring program identified under Category II.E.1 in Attachment 1 to this Exhibit A is hereby incorporated by reference as the monitoring program for the above described mitigation measures. 4. Finding. The above mitigation measures and monitoring program are hereby adopted. Based upon the information and analysis in sections 1.2.2, 3.2, 3.3, and 3.6 of the Draft 1996 SEIR and Section 4 (Drainage/Flooding) of the 1992 Draft EIR, the finding is made that adoption of the above mitigation measures and monitoring program will avoid or substantially lessen the potentially significant construction- related impacts of installing storm drainage improvements described above. Limiting construction hours, maintaining equipment in good condition, locating significant noise- generating equipment away from residences, designating a disturbance coordinator with specified responsibilities, and implementing specified dust suppression measures are established methods used in campbell and other localities to reduce construction-related impacts from public utility improvement projects, such as noise, dust and traffic diversion, to an acceptable, non-significant level. F. HAZARDOUS MATERIALS 1. PotentiallY Siqnificant Impact. The use, storage, and transport of hazardous materials to, from and on the Property as a result of the Project may result in spills, leaks, or accidents involving these materials. (This potentially significant impact was identified in the 1992 EIR and is found to be relevant to the Project, as noted in section 1.2.2 of the Draft 1996 SEIR.) 2. Mitiqation Measure. The Santa Clara County Central Fire District will continue to implement and enforce the Hazardous Materials Storage Ordinance and Toxic Gas Ordinance. 103OQ6.PSO 12/30/96 -20- 3. Monitorinq Proqram. The monitoring program identified under Category II.B.l in Attachment 1 to this Exhibit A is hereby incorporated by reference as the monitoring program for the above described mitigation measure. 4. Findinq. The above mitigation measures and monitoring program are hereby adopted. Based on the information and analysis in section 4 (Hazardous Materials subsection) of the 1992 Draft EIR and sections 1.2.2 and 3.5.1 of the Draft 1996 SEIR (regarding transfer of responsibility for administration of the Hazardous Materials Ordinance and the Toxic Gas Ordinance from the city's Fire Department to the Santa Clara county Central Fire District), the findings are made that: a. the above mitigation measure is within the responsibility and jurisdiction of the Santa Clara County Central Fire District and not the Agency or the City; and b. the District has adopted and is implementing such mitigation measure. The Hazardous Materials Ordinance and the Toxic Gas Ordinance embody regulations to control hazardous materials that have been developed through extensive scientific analysis and practical experience to deal with the precise type of potential impact outlined above. These ordinances are imposed by the Santa Clara County Central Fire District, with support from the City's Public Works Environment Program staff, on a uniform basis as the best available means to mitigate the identified impact. G. CULTURAL RESOURCES 1. PotentiallY Siqnificant Impact. Construction activities associated with the Project that involve the removal of surface paving materials could potentially unearth subsurface, buried cultural remains. (This potentially significant impact was identified in the 1992 EIR and is found to be relevant to the Project, as noted in section 1.2.2 of the Draft 1996 SEIR.) 2. Mitiqation. If cultural remains are encountered during construction activities, work will be stopped, an archaeological monitor called in, and appropriate mitigation measures will be developed and implemented. 3. Monitorinq Proqram. The monitoring program identified under Category II.C.1 in Attachment 1 to this Exhibit A is hereby incorporated by reference as the monitoring program for the above described mitigation measures. 103OQ6.PSO 12/30/96 -21- 4. Findinq. The above mitigation measure and monitoring program are hereby adopted. Based upon the information and analysis in section 4 (Cultural Resources subsection) of the 1992 Draft EIR, the finding is made that the adoption of the above mitigation measure and monitoring program will avoid or substantially lessen the above-described potentially significant environmental impact on cultural resources associated with Project construction. Use of a qualified archeological monitor to design specific mitigation measures, and subsequent implementation of any such measures, is the most efficient, flexible means to respond to any currently unidentified cultural remains that may be unearthed through Project construction. H. GEOLOGY 1. Potentiallv Siqnificant Impact. The Project will be subject to groundshaking in the event of a major earthquake in the San Francisco Bay region. (This potentially significant impact was identified in the 1992 EIR and is found to be relevant to the project, as noted in section 1.2.2 of the Draft 1996 SEIR. ) 2. Mitiqation. Development activities associated with the Project will be required to comply with all applicable zoning and building code regulations relative to seismic construction standards, and with the Seismic Element policies in the General Plan. In particular, Seismic Element Policy #4 requires that project-specific, detailed geotechnical studies will be performed to determine site-specific hazards and mitigations. 3. Monitorinq Proqram. The monitoring program identified under Category II.D.1 in Attachment 1 to this Exhibit A is hereby incorporated by reference as the monitoring program for the above described mitigation measures. 4. Findinq. The above mitigation measures and monitoring program are hereby adopted. Based upon the information and analysis in section 4 (Geology subsection) of the 1992 Draft EIR, the finding is made that the adoption of the above mitigation measure and monitoring program will avoid or substantially lessen the above-described potentially significant environmental impact related to earthquake hazards to the Project. The City's regulations and procedures for design and construction of buildings to deal with earthquake hazards are based on extensive scientific and engineering analysis as well as substantial regulatory experience, and are imposed on a uniform l030Q6.PSO 12/30/96 -22- basis by the city as the best available means to ensure seismic safety for building projects. v. OTHER NON SIGNIFICANT IMPACTS While not required by CEQA, the 1996 SEIR (incorporating relevant provisions of the 1992 EIR) also evaluated certain non- significant environmental impacts of the Project and proposed mitigation measures to further reduce those impacts. Those non- significant impacts and the further mitigation measures are set forth in this section V. A. TRAFFIC CIRCULATION WITHIN McGLINCEY LANE INDUSTRIAL AREA 1. Potential Non-Siqnificant Impact. As documented in Sections 1.2.1 and 3.1 of the Draft 1996 SEIR, project- generated traffic will have a less than significant effect on overall traffic circulation within the McGlincey Lane light industrial area. This non-significant traffic impact is in addition' to the potentially significant traffic impacts analyzed in section IV.A above. 2. Mitiqation Measures. To properly serve Project- generated traffic and to provide maximum operating efficiency, the following site access guidelines and mitigation measures will be implemented: a. Install a STOP and a NO RIGHT TURN sign on the east leg and a YIELD sign and NO LEFT TURN sign on the north leg of the Curtner Avenue/McGlincey Lane intersection. Remove the existing STOP signs located on the north and west legs of the intersection following completion of the proposed intersection modification. b. Access to the Property should be from McGlincey Lane via the existing easement located just west of Westchester Drive. The proposed access easement should be upgraded and improved to public city street standards, providing two traffic lanes including curb, gutter, and sidewalks. The access roadway should be designed for truck operations and no parking should be permitted on this facility. The north leg of the intersection of this access drive with McGlincey Lane should be STOP sign controlled, and provide two lanes at the north leg of the intersection including left-turn and right-turn lanes. c. Secondary access to the Property should be provided, which may be via Cristich Lane or other feasible secondary access acceptable to the City and the Central Fire I030Q6.PSO 12.130/96 -23- . District. If cristich Lane becomes the secondary access, it should be upgraded and improved to public city street standards, and should be designed to meet minimum standards for truck traffic. d. If Cristich Lane is to provide access to the site, on-street parallel parking on both sides of cristich Lane should be provided. e. Provide on-site parking spaces to accommodate the project's parking needs based on City requirements. f. Restripe the north leg and the southbound left turn lane of the Camden/Curtner intersection to provide additional capacity to accommodate a total of five left-turning vehicles. g. All city traffic engineering and design standards should be met. 3. Monitoring Proqram. The monitoring program identified under Category I.A.4 in Attachment 1 to this Exhibit A is hereby incorporated as the monitoring program for the above identified mitigation measures. 4. Findinq. The above mitigation measures and monitoring program are hereby adopted. Based on the information and analysis in sections 1.2.1 and 3.1 of the Draft 1996 SEIR, the finding is made that the above mitigation measures are a cost effective means to further reduce the already non-significant impacts of Project-generated traffic within the McGlincey Lane industrial area. B. BIOLOGICAL RESOURCES 1. Potential Non-Siqnificant Impact. As documented in the 1992 Draft EIR (see for instance, p. 4-109), there are no natural biological communities in the McGlincey Lane Expansion Area portion of the Project Area, including the Property. Further, there are no ordinance-size trees on the Property or associated with the anticipated off-site improvements for the Project. However, in accordance with mitigation measure #34 set forth in the 1992 EIR (and adopted in the 1992 Resolution), the mitigation measure described below will be implemented to mitigate any remaining non-significant impact related.to water efficient landscaping for the Project. 2. Mitiqation Measures. Landscaping plans for the Project will comply with the City's Water Efficient Landscape l03OQ6.PSO 12/30/96 -24- (WEL) standards and will follow the California Native Plant society's general revegitation principles, as follows: a. Trees, shrubs, and other herbaceous plants should be used which are naturalized to the general McGlincey Expansion Area. b. If non-indigenous native species are desired for the purpose of form, floral characteristics, or function (ground covers, etc.), species selected should be those which are unlikely to hybridize with local flora, in order to preserve the integrity of the gene pool of the local native species. c. Use of exotic plants should be avoided. 3. Monitorinq Proqram. The Planning Department will impose the above mitigation measures through review of landscaping plans as part of, and through conditions of approval to, the Planning Approvals for the Project. The Public Works Department will ensure compliance with the mitigation measures in the field. The mitigation measures will be implemented at the time of the Planning Approvals and as construction occurs. 4. in section 4 recent field trees: Findinq. Based upon the information and analyses (Biological Resources) of the 1992 Draft EIR and a investigation regarding potential ordinance-size a. The finding is made that the Project will not have a significant effect on biological resources. The above mitigation measures and monitoring program are nonetheless adopted to further mitigate any non-significant impact related to water efficient landscaping for the Project. b. The finding is further made pursuant to 14 California Code of Regulations section 753.5(e) that, considering the record as a whole, approval and implementation of the Project involves no potential for adverse effect, either individually or cumulatively, on vegetation or wildlife, and that, therefore, no fee is required in connection with the filing of Notice of Determination with respect to the 1996 SEIR or the discretionary approvals for the Project. In compliance with 14 California Code of Regulation section 753.5, the following additional information is provided: l030Q6.PSO 12./30/96 -25- (1) The name and address of the Project proponents are: City of Campbell Redevelopment Agency 70 North First street Campbell, CA 95008 and Campbell Technology Park LLC 900 Welch Road, suite 10 Palo Alto, CA 94304 (2) The Project is the development of a high-end business park as fully described in section I.A of this Exhibit A. (3) The 1992 EIR (see citation above) addresses the issue of environmental impact of the Project on vegetation and wildlife, and concludes that approval and implementation of the Project on the Property will have no significant effect on vegetation or wildlife. (4) When considering the record as a whole, there is no evidence before the Agency or the city council that the proposed adoption and implementation of the Project will have potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends. (5) The Agency and the city Council have., on the basis of substantial evidence, consisting of the above recited information, rebutted the presumption of adverse effect contained in 14 California Code of Regulations, section 753.5(d). VI. UNAVOIDABLE SIGNIFICANT IMPACT Based on the analysis contained in the 1996 SEIR (including the 1992 EIR as incorporated therein by reference) and section IV of this Exhibit A, the following unavoidable significant adverse impact of approval and implementation of the project is identified: The increase in concentrations of carbon monoxide at the Camden/Curtner and Union/Campbell intersections as a result of anticipated Project-related traffic would represent a significant unmitigated air quality impact because 1-hour l030Q6.PSO 12/30/96 -26- and 8-hour carbon monoxide exceedances would become worse under Project conditions. As to this significant environmental impact, the Agency and the City Council find that there are no feasible mitigation measures identified in the 1996 SEIR that might reduce the level of significance of this impacts, and specific economic, social, or other considerations make infeasible the adoption of the only possible mitigation measure (as detailed in Section IV.C.2.d above) or the project alternatives (as detailed in section VII below). Therefore, in order to approve the DDA and the Planning Approvals, the approval resolution or other official approval action must contain the Agency's (or city council's, as applicable) statement of overriding considerations in accordance with Public Resources Code section 21081(b) and section 15093(b) of the State CEQA Guidelines. VII. ALTERNATIVES TO THE PROPOSED PROJECT A. OVERVIEW OF ALTERNATIVES AND EVALUATION CRITERIA 1. Introduction. This section VII.A provides an introduction to and overview of the extensive evaluation of alternatives to the Project and reuse of the Property that has been performed by the Agency and city Council, in consultation with nearby property owners and the general Campbell community, over the past several years. section VII.B below evaluates four specific alternative uses for the Property in terms of environmental effects and ability to achieve redevelopment and other community objectives. The information and analysis in this section VII is drawn from Section 5 of the 1992 Draft EIR, section 4 of the Draft 1996 SEIR (as modified in the Final 1996 SEIR), the ERA Alternatives Study, the Staff Reports on Alternatives, and other information known to the Agency and city council through their deliberations on alternative uses for the Property. 2. Overview of Process Since 1992 EIR. The 1992 EIR evaluated several alternatives for the Property in accordance with the State CEQA Guidelines, including the No Project Alternative and several alternative land uses on the Property. After the Agency purchased the Property in 1994, it conducted an extensive public process to determine the optimum land use for the Property. A variety of land use .concepts for the Property were developed, and were formally evaluated in the ERA Alternatives Study (1995) and the Staff Reports on Alternatives (1996) . 103OQ6.PSO 12./30/96 -27- ,. The purpose of the ERA Alternatives study, the Staff Reports on Alternatives, and the Agency's public input process was to help determine a land development strategy that balanced environmental considerations, Campbell's financial and non- financial objectives for the Property, and the ability to improve the McGlincey Lane area's infrastructure. Through a series of meetings and evaluations, four land use alternatives for the site were developed, taking into account and building upon the evaluation of land use alternatives set forth in the 1992 EIR. The predominant land uses in the four alternatives were: commercial recreation, industrial, residential, and public park. Because there was an interest in relocating the City's corporation yard to the Property, each alternative then had two sub-alternatives or variations, one with and one without the corporation yard. The land sale or land lease revenue potential of each alternative was analyzed, in addition to overall municipal cost and revenue implications. The cost analysis included roadway improvements, utilities upgrading, park development, park maintenance, and other General Fund service costs. The Agency's evaluation on how to proceed with the use of the Property also considered the compatibility of the use with the surrounding neighborhood, other environmental issues as outlined in the 1992 EIR, the desires of the community, and potentially creative proposals which developers would be able to bring into the process. After the ERA Alternatives Study was received and reviewed by the Agency Board, the Agency decided to issue an RFP to developers, corporations, and other parties that might be interested in purchasing and developing all or a portion of the Property. The RFP did not restrict the proposals to a certain land use or development type; rather, it identified the range of four land uses that had been evaluated in the ERA Alternatives Study and encouraged submittals for creative projects that could meet the City's and Agency's financial and non-financial objectives. The Agency received eight proposals from developers, four for commercial recreation, three for research and development/light industrial, and one for a private school. Upon extensive evaluation and public discussion, the Agency Board chose to negotiate with WTA Development for the sale of the Property and development of the Project because the Project appears to best meet the goals and objectives established for the Property, taking into account relevant environmental impacts. 103OQ6.PSO 12,130/96 -28- 3. Redevelopment and Planninq Obiectives. In determining what land use alternatives were viable for the property, several objectives were considered including the following (the "Redevelopment and Planning Objectives") : a. Land Use Compatibility. The Agency evaluated what kind of land use would be compatible where the surrounding land use consisted of primarily industrial uses bordered by a freeway. This setting makes a residential reuse of the Property very problematic. Additionally, residents of the paseo de Palomas Mobile Home Park immediately adjacent to the Property are particularly concerned with a recreational use that might include sports activities, such as a golf driving range or sports fields where noise would be a concern. Development of a research and development/light industrial business park on the Property is generally viewed as the most compatible land use. b. Redevelopment Goals and Obiectives. The Redevelopment Plan identifies several goals for the McGlincey Lane area, including improvement of Cristich Lane to a public street, extending storm drain to address existing point and non- point source water pollution concerns, improving water supply to provide adequate fire flow and to address inadequate fire suppression conditions in the area, and to facilitate the development of the Property which has been a blight in the area for 14 years. Existing redevelopment funds and anticipated tax increment revenues are not adequate to finance these capital projects. The net proceeds generated by the sale of the Property and the development of the site itself could help finance many of these improvements. without such net sale proceeds, Agency tax increment revenue from the area is not likely to be sufficient to fund new redevelopment activities in the forseeable future. c. Financial Feasibilitv. The City loaned the Agency $3.34 million to acquire the Property on a short term basis to help facilitate its development. The Agency determined that, at a minimum, the sale of the Property should generate enough revenue to retire the Agency's debt to the city, net any Agency costs and obligations associated with the development of the Property. Based on the commercial recreation projects proposed, none were determined to be financially feasible under this standard, while the proposed research and development Project is estimated to provide a net return sufficient to find storm drain and Cristich Lane improvements of benefit to the McGlincey Lane area and yield additional funds in excess of $2 million after costs and expenses. d. Public Open Spaces. In addition to the acquisition costs, developing and maintaining the Property as a 103OQ6.PSO 12/30/96 -29- public park would require an additional $5 to $7 million depending upon the extent of onsite improvements and required offsite improvements needed to develop adequate access and infrastructure to the Property. Additionally, the site is challenged in meeting many of the criteria established on page 8 of the Open Space Element of the General Plan for acquiring and developing open space. For example, the Property is not within walking distance to a significant number of Campbell neighborhoods, it is not particularly visible or accessible to campbell residents due to lack of convenient pedestrian and vehicular access, and the frequency of commercial trucks and vehicles in the area does not provide a desirable condition for public open space and park land. Given the costs for development, a 23-acre park does not appear to be financially feasible for a City which already supports a City-wide 30-acre recreational facility at the community Center. In addition, local youth sports groups such as the campbell Little League, Bobby Sox, and Soccer Leagues have not expressed support, and other public agencies either did not express support or were not financially able to consider a partnership with Campbell for development of the site. These Redevelopment and Planning Objectives have been distilled from the General Plan, the Redevelopment Plan, the 1992 Report to city council, the Agency's Implementation Plan and other evidence in the Record, and provide a basis for evaluating the ability of various alternatives to satisfy the Agency/City goals for redevelopment of the Property. 4. The 1996 SEIR Alternatives Analysis. Several of the land use alternatives for the Property evaluated in the 1992 EIR remain relevant and valid as alternatives to the Project for CEQA purposes. The analysis of these alternatives is incorporated by reference in the 1996 SEIR and is summarized (with appropriate updates) in section VII.B below. Specifically, section VII.B.1 evaluates the No Project Alternative, as required by CEQA. section VII.B.2 evaluates two land use alternatives for the Property that were initially considered in the 1992 EIR and that have been a focus of continuing consideration by the Agency over the past two and a half years, as outlined above: a residential use, and a public park use. The only use of the Property that has received serious consideration in the ERA Alternatives Study and subsequent Agency deliberations, but that was not evaluated from an environmental alternatives perspective in the 1992 EIR, is the commercial recreation use. section VII.B.3 below provides a summary of the environmental and other impacts of a commercial recreation use, 103OQ6.PSO 12/30/96 -30- based on the new discussion of that alternative contained in the 1996 SEIR. The 1992 EIR and the 1996 SEIR did not analyze any alternative location for the Project. Recent court ,cases suggest that CEQA may, where appropriate, require an analysis of alternative locations for a project, as well as alternative projects on the same site. CEQA requires that the alternatives be capable of obtaining the basic objectives of the proposed project (Section 15126(d) of the State CEQA Guidelines). For the following reasons, it has been concluded that there is no feasible alternative location for the Project. The Property is the only relatively large, currently undeveloped site in the city of Campbell or immediate environs that could accommodate a high-end research and development park of the size and scope contemplated for the Project. Assembling a sufficiently large site to accommodate the Project at another location in Campbell or its environs would result in business and residential relocation, demolition, public infrastructure improvements, and conflicting land use in built-up neighborhoods that would cause more disruption and adverse environmental impact than would development of the Project on the vacant, relatively isolated Property. The costs of land assembly would be several times greater than the land cost of the Property, making development of the Project at another location in the general vicinity of the Property economically impractical for the Agency and any private developer. In short, an alternative location for the Project would be prohibitively costly to assemble and would cause more severe environmental impacts than locating the Project on the Property. Finally, moving the Project to an alternative location, if one could feasibly be found, would deprive the Agency of its best opportunity to remove blight on the Property while generating disposition proceeds to address other redevelopment needs in the McGlincey Lane portion of the Project Area. consequently, consistent with Section 15125(d) (3) of the State CEQA Guidelines, an alternative location for the Project is found to be infeasible and has not been evaluated further in the 1996 SEIR or this Exhibit A. B. SUMMARY OF ALTERNATIVES AND REASONS FOR REJECTION Following is a summary of the proposed land use alternatives for the Property evaluated in the 1996 SEIR (including relevant alternatives from the 1992 EIR as incorporated by reference). The reasons for their selection as the most viable alternatives 1030Q6.PSO 12.130/96 -31- are addressed in section VII.A above. The likely environmental impacts of each alternative and each alternative's ability to meet the Redevelopment and Planning Objectives are briefly summarized and are compared to the environmental impacts and potential of the Project to meet the Redevelopment and Planning Objectives. Each alternative is rejected as being infeasible because it fails to meet one or more of the Redevelopment Planning objectives in a timely manner and/or would cause various adverse environmental or fiscal impacts that can be avoided through implementation of the Project. The reasons for rejection of the alternatives are summarized below and are supported by substantial evidence in the Record. 1. The No proiect Alternative. The No Project Alternative means that the Property would remain vacant (unless the Agency permitted reuse for one of the other alternatives analyzed separately below). Potentially significant adverse impacts of the Project related to traffic, noise, air quality, construction impacts, hazardous materials, seismic safety, and cultural resources would generally not occur under the No Project Alternative since such impacts are generally associated with the development process. The vacant site would be less aesthetically appealing to some observers then a well designed Project. On balance, the No Project Alternative would have the fewest adverse environmental effects and would be considered the environmentally superior alternative among those evaluated in the 1992 EIR and the 1996 SEIR. However, without development the Agency would not be able to generate net disposition proceeds from the sale of the Property to a Developer. As a result, the Agency would not have sale proceeds to repay the city loan or accelerate the redevelopment program for the McGlincey Lane area through improvements to Cristich Lane and other needed infrastructure improvements. In turn, the Agency would have to rely on limited tax increment revenues for these activities which would probably retard the redevelopment effort in the McGlincey Lane area for a decade or more. Most important, the No Project Alternative would prevent the reuse of the largest and one of the most blighted parcels in the Project Area, thereby frustrating an essential purpose of the Redevelopment Plan and the Agency's Implementation Plan. For these reasons, the No Project Alterative fundamentally fails to achieve the underlying Redevelopment and Planning Goals of the Agency and the city. On this basis, the finding is made that specific economic, social, or other considerations make infeasible the No Project Alternative, and the No project 103OQ6.PSO 12/30/96 -32- Alternative is hereby rejected even though it might prove to be an environmentally superior alternative. 2. Alternative Land Uses on Property Evaluated in 1992 EIR (as Updated in 1996). Several alternative land uses for the Property were considered in the 1992 EIR. Two of the alternatives -- residential and public park -- are relevant to the current consideration of alternatives to the Project because they reflect two of the four basic alternatives considered in the ERA Alternatives Study, the Staff Reports on Alternatives, and the Agency's recent deliberations on appropriate uses for the Property. Following is a brief summary of those two alternatives that builds upon the material in the 1992 EIR. a. Residential. Although the traffic generation rates are lower for residential uses on the Property than for commercial, office or industrial uses like the proposed Project, residential uses generate traffic in both the morning and evening peak periods. Residential uses also place a higher demand on City services and generate limited City revenues. A residential use in the Property would not be compatible with the elevated noise levels generated from SR-17 traffic, and marketing a residential development on the site would be difficult, given its access through and proximity to the McGlincey industrial area. In summary, a residential use of the Property might be marginally superior to the Project from a traffic and air quality perspective, but would cause greater land use conflict and noise impacts than the Project. Overall, it is difficult to judge if the residential alternative would be superior or inferior to the Project from an environmental perspective. On the other hand, the residential alternative would clearly fail to meet Redevelopment and Planning Objectives related to land use compatibility. For these reasons, the finding is made that specific economic, social or other considerations make infeasible the residential alternative for the Property, and the residential alternative is hereby rejected. b. Public Park. During the public scoping meetings for the 1992 EIR, several comments from nearby residents suggested the city consider a park/open space use for the Property. In June 1990, the Cambrian Community Council also recommended that a park be considered for the Property as part of a mixed use project. A public park use would generate less traffic than the Project, and generally would produce more limited environmental effects related to air quality, construction impacts, hazardous materials impacts, cultural resource impacts, and seismic safety impacts. From this perspective, a public park use would be the environmentally 103OQ6.PSO 12/30/96 -33- superior alternative for the Property (other than the No Project Alternative). However, a public park use would be susceptible to the same negative land use compatibility effects as a residential use at the Property, i.e., traffic noise and air quality impacts from proximity to SR-17. In addition, the Property would have no direct access to a public street and is not centrally located to the remainder of the Union Avenue neighborhood. Drive-by surveillance of the site would be difficult. Lack of public visibility is often a factor leading to security and vandalism at parks. As noted in section VII.A.3 above, the Property is challenged in meeting many of the General Plan Open Space Element criteria for suitable public park locations. Finally, a public park use alternative would cause severe negative financial impacts to the city and Agency as described in section VII.A.3. Park development would require $5-7 million of city funds and annual maintenance costs would further impact the General Fund, possibly precluding funding other competing capital projects, including implementation of the Campbell community Center Master Plan and future park acquisition and development in other areas of the city. The Agency would lose the ability to generate net sale proceeds to fund other activities in the McGlincey Lane area or to repay the city loan. In summary, while a public park use of the Property would prove environmentally superior to the Project, that alternative would fail to satisfy nearly all of the community's Redevelopment and Planning Objectives in the McGlincey Lane area. For these reasons, the finding is made that specific economic, social or other considerations make infeasible the public park alternative for the Property, and the public park alternative is hereby rejected. 3. The Commercial Recreation Alternative. A commercial recreation land use on the Property might consist of a golf practice range, a family recreation complex, a buffer area between the site and the mobile home park, and possible inclusion of the city corporation yard. The golf practice range is assumed to have 50 stations on two levels, and a club house/pro shop of about 2,000 square feet. The family recreation complex may include uses such as an arcade, restaurant, miniature golf course, go-kart track, batting cages, bumper rides, kiddie rides, and "soft play" area. Most of these activities would be outdoors. A commercial recreation alternative would generate approximately 5,800 vehicle trips daily (as opposed to an estimated 2,538 daily trips for the Project), but the trips would 1030Q6.PSO 12/30/96 -34- likely be distributed more evenly throughout a 24-hour period than the AM/PM peak distribution associated with the proposed project. A substantial number of trips would be generated in the late afternoon and evening, when children are not in school. This alternative would also generate higher noise levels than the proposed Project, because the majority of activities would take place outdoors. Several activities, such as go-karts, bumper cars, and kiddie rides, could generate substantial noise levels which may impact the Paseo de Palomas mobile home park. other variants of a commercial recreation alternative might have fewer high-noise impacts, but any commercial recreation variant involving outdoor activities is likely to have noise impacts that exceed those anticipated for the Project. Environmental effects of a commercial recreation alternative related to construction impact, hazardous materials, and cultural resource disturbance are likely to be similar to the anticipated impacts of the Project. A commercial recreation alternative would fail to meet fundamental Redevelopment and Planning Objectives related to land use compatibility problems with the adjacent mobile home park (see section VII.A.3 above). Further, it is estimated that no net sale proceeds would remain available to the Agency to jump- start other redevelopment activities in the McGlincey Lane area (as opposed to estimated net proceeds from the Project sufficient to fund storm drain and Cristich Lane improvements for the McGlincey Lane area and to yield over $2 million for other redevelopment activities). Indeed, a commercial recreation reuse might not generate sufficient sale or lease proceeds even to repay the Agency's loan to the city. One variant of the commercial recreation alternative considered by the Agency was the proposal in response to the development RFP submitted by a non-profit recreational entity called "Sports Mall". When other development proposals were rejected by the Agency Board, the "Sports Mall Task Force" was provided an opportunity to demonstrate the financial viability of their project. The Sports Mall proposal includes various indoor and outdooor sports activities on a lease or membership basis. An independent economic report commissioned by the Task Force indicated that financing for such a project was tenuous. It was determined that this kind of facility would likely serve as a regional rather and local resource, and neither Santa Clara County nor other public agencies were willing to step forward at that time to participate in financing such a project. The Task Force was not able to adequately demonstrate the financial viability of their project, and the proposed sports mall concept was not considered further by the Agency. 1030Q6.PSO 12/30/96 -35- For these reasons, the finding is made that specific economic, social or other considerations make infeasible the commercial recreation alternative for the Property, and the commercial recreation alternative is hereby rejected. c. OVERALL FINDING REGARDING ALTERNATIVES After consideration of a reasonable range of identified alternatives to the Project, the Agency and the City Council find that none is as beneficial to the community as the proposed Project in terms of achieving the Redevelopment and Planning Objectives, and that because of each alternative's inability to achieve one or more of the Redevelopment and Planning Objectives, each identified alternative is rejected as being infeasible. 103OQ6~50 12/30/96 -36- Attachment 4#1 City of Campbell Redevelopment Agency Winchester Drive-In Site Project Supplemental Environmental Impact Report Mitigation Monitoring Program for Supplemental Environmental Impact Report and 1992 EIR The following table has been developed in accordance with section 15163 of the California EnVironmental Quality Act (CEQA) Guidelines, and contains the mitigation measures necessary to develop the proposed research and development/light industrial business park. This table includes a list of mitigations and the reference to the appropriate Environmental Impact Report category, the impact, the timing of the mitigatio~ the City of Campbell department responsible for the implementation of the mitigation, the ~te the mitigation is monitored and/ or completed, and the initials of the individual that was responsible for monitoring and/or ensuring completion of the appropriate mitigation. Project construction will be phased .and the timing of mitigation implementation will be determined during the project reivew and public review process and as prescribed in the project conditions of approval IMPAcr MITIGATION TIMING DEPARTMENT DATFJ INITIAL .Lo IMPAcr. SEIR MITIGATION. SEm ~ TRAFFIC UnionlMcGlincey Inte1'section 1. Additional traffic at the . The applicant shaII install a Following Public Works intersections of Union traffic signal at this completion of Avenue/ McGlincey Lane intersection, including an the project and and Camden/Union exclusive left-turn lane from prior to final Avenues. Union Avenue to McGlincey oa:upancy. Lane. . Applicant shall remove three Following Public Works/ parking spaces at the east leg completion of Planning of the intersection. the project and prior to final occupancy. CamdenlUnion Intersection . The applicant shall restripe Following Public Works/ the northbound approach on completion of Planning Union Avenue to provide an the project and exclusive right-turn lane. prior to final occupancy. 1 l' .. 2. Removal of three . The City will provide Following Public Works parking spaces on additional Parking on completion of McG1incey Lane. McGlincey Lane by the project and removing the existing prior to final unwarranted parking oo:upancy. restrictions and re4 curbs in the area. ~. The project will impact . The applicant shall modify Following Public Works the Curtner Avenue/ the Curtner A vneue/ completion of Mc.<;lincey Lane McGlincey Lane intersection the project and intersection. to accomodate through prior to final traffic from Curtner Avenue occupancy. eastbound to McGlincey Lane northbound. ~. The project will impact . The applicant shall install Following the Public Works the traffic circulation a ~P" sign and a "NO completion of pattern in the McG1incey RIGHT TURN" sign on the required Lane area. east leg and a -vIELD" sign intersection and -NO LEFl' 'IURN" sign modifications. on the north leg of the Curtner Avenue/ McGlincey Lane intersection. Remove the existing "STOP" signs located on the north and west legs of the intersection. . Provide access to the site Prior to Public Works from McG1incey Lane from occupancy of the existing access easement the first west 01 Westchester Drive buildings. according to city standards for city streets. . Secondary access shall be Following Public Works provided to the site via completion of Cristich Lane or other the project. access acceptable to the City and the Central Fire District (CFD). ,. , Provide on street parallel Following Public Works parking on both side of completion of Cristich Lane if it is the project. improved to public street standards. . Provide on site parking in Project Planning/ accordance with city entitlements / Building parking standards. construction. 2 l ' ( .. . Applicant shall restripe Following full Public Works the northbound approach of project the intersection and add a buUdoutand new exclusive right-turn final lane. occupancy. . Applicant shall pay a Following Public Works proportional traffic impact completion of fee towards improvements the project and at the Camden/Curtner final intersection to be occupancy. implemented by the City. . Applicant shall comply Following Public Works with all Oty of Campbell completion of traffic engineering and the project and design standards. final ocrupancy. B. NOISE 1. Mechanical Equipment . Applicant/project. shall Following Planning/ on the project buildings comply with all noise completion of Building may exceed ambient performance standards as the project and noise levels. described in Section 3.23 of final the Suplemental occupancy. Environmental Impact Report. 2. Short term temporary . Applicant/project shall During project Public Works/ noise impacts may occur comply with all noise construction. Planning during construction. performance standards as Monitoring described in Section 3.23 of will be on- the Suplemental going. . Environmental Impact Report. .- 3 . . ' . ... ,... AIR QUAU'IY \".. Carbon monoxide (CO) . Existing conditions exceed N/A N/A concentrations at level of significance Camden/Curtner &: thresholds and there are no Union/Campbell mitigation measures intersections will be available to the project that increased with this will reduce this impact below project. level of significance thresholds. A statement of OT1erriding considerations must be adopted for this impact. D. WATER SUPPLY . Construction of water . Construction activities shall Prior to and Public Works/ supply improvements may be coordinated with the during project RDA result in construction- appropriate jurisdiction, oonstruction related noise, dust and Campbell and/or San Jose, to traffic diversion. reduce construction related impacts. 4 ,,'I .., .... ~ IMPACT .1992 ElK MITIGATION -1992 EIR lA- AIR QUALITY ~. Construction activities . Dust control measures shall be During project Building ./ will create additional implemented during mnstruction Public Works sources of dust from construction activities. clearing, grading, and othre construction related activities. rB. HAZARDOUS MATERIALS ~. The use, storage, and . The project developer and all At the time of Central Fire transport of hazardous tenants shall comply with occupancy of District/ Public materials in the project the Hazardous Materials the project Works area may result in spils, Storage Ordinance and Toxic Environmental leaks, or accidents Gas Ordinance. Program involving these materials. c. CULTURAL RESOURCES . Cultural resources may be . If cultural reamains are During project Building/ discovered during eI\muntered during excavation and Public Works/ construction activity. construction, all development grading RDA activity shall cease immediately. A certified archeologist shall be contacted and be present at all subsequent excavation. Appropriate mitigations shall be developed &r imposed. D. GEOLOGY . The project site is subject to . The project developer shall BuUding Building ground shaking in the implement all applicable Pennit plan event of a major regulations relevant to submittal in earthquake in the San geotechnical studies and compliance Francisco Bay Region. seismic safety. with the UBC 5 . (, " ... E. DRAINAGE I FLOODlNG . Installation of stonn . The developer shall comply During project Building/ drainage facilities with all applicable construction Planning regulations related to mitigation of noise, dust and traffic control measures. 6