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CC Resolution 8322 , " .. .' , 'l. CITY COUNCIL OF THE CITY OF CAMPBELL RESOLUTION NO. 8322 CITY OF CAMPBELL REDEVELOPMENT AGENCY RESOLUTION NO. 1992-19 - A CONCURRENT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AND THE CITY OF CAMPBELL REDEVELOPMENT AGENCY CERTIFYING REVIEW AND CONSIDERATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT, MAKING FINDINGS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND STATING OVERRIDING CONSIDERATIONS IN THE APPROVAL AND ADOPTION OF THE SECOND AMENDED AND RESTATED CENTRAL CAMPBELL REDEVELOPMENT PLAN RESOLVED, by the city Council of the City of Campbell (the "City council") and the City of Campbell Redevelopment Agency (the "Agency"), that: WHEREAS, a Draft Environmental Impact Report (the "Draft EIR") on the Second Amended and Restated Central Campbell Redevelopment Plan (the "Amended Plan") was prepared by the City of Campbell (the "City") pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000 ~ ~., "CEQA"), the Guidelines for Implementation of the California Environmental Quality Act (14 California Code of Regulations, Sections 15000 ~ ~., the "State EIR Guidelines") and the city's and Agency's Guidelines for Implementing CEQA (the "Local Guidelines"); and WHEREAS, on September 19, 1991, the City forwarded the Draft EIR to the State Clearinghouse for distribution to those agencies which have juriSdiction by law with respect to the Central Campbell Redevelopment Project to be undertaken pursuant to the Amended Plan (the "Project"), to all affected taxing agencies pursuant to Health' Safety Code Section 33333.3, and to other interested persons and agencies, and sought the comments of such persons and agencies; and WHEREAS, notice to all interested persons and agencies of the completion of the Draft EIR was published in the San Jose Mercury News on September 19, 1991; and WHEREAS, the City of Campbell Planning Commission (the .Planning Commission") held a noticed public hearing on the Draft EIR on october 24, 1991; and WHEREAS, comments were received on the Draft EIR prior to the close of the 45-day review period for submitting comments on 1030CP .PSO -1- .. - , the Draft EIR. The comments received and the City's responses to such comments are contained in a Final Environmental Xmpact Report on the Amended Plan dated March 1992 (the "Final EXR"), which document is incorporated herein by this reference; and WHEREAS, by Resolution No. 2794, adopted on April 14, 1992, the Planning Commission recommended to the City Council and the Agency the certification of the Final EIR with incorporation of additional mitigation language as set forth in Section A of Exhibit A attached to and incorporated in this Resolution by this reference; and WHEREAS, a joint public hearing was held by the City Council and the Agency on May 5, 1992 on the Amended Plan and Final EIR, following notice duly and regularly given as required by law, and all interested persons expressing a desire to comment thereon or object thereto were heard, and the Final EIR was considered; and WHEREAS, in connection with the joint public hearing, the City Council and Agency received certain recommendations for additions to the Final EIR which are set forth in the attached Exhibit A and which the City Council and Agency desire to incorporate into the Final EIR; and WHEREAS, as subsequently referred to in this ReSOlution, the Final EIR (designated as City EIR #91-01 and State Clearinghouse #91053013) consists of the Draft EIR (dated September, 1991), the Final EIR incorporating comments and written responses thereto (dated March, 1992), and the additions to the Final EIR set forth in Exhibit A; and WHEREAS, by this concurrent resolution, the City Council, as the lead agency under CEQA for preparing the Final EIR and the entity responsible for adopting the Amended Plan and approving the Project; and the Agency, as the agency responsible for preparing and carrying out the Amended Plan under the California Community Redevelopment Law (Health and Safety Code Section 33000 ~ ~.), jointly desire to comply with the requirements of CEQA, the State EIR Guidelines, and the Local Guidelines for consideration, certification, and use of the Final EIR by lead and responsible agencies in connection with the approval and subsequent implementation of the Amended Plan. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAMPBELL AND THE CITY OF CAMPBELL REDEVELOPMENT AGENCY AS FOLLOWS: 1. That the additions to the Final EIR .et forth in the attached Exhibit A are hereby incorporated in and made a part of the Final EIR as if fully .et forth therein. 2. That the City Council and the Agency hereby find and certify that the Final EIR has been completed in compliance with 1030CP .PSG -2- : CEQA, the state EIR Guidelines and the Local Guidelines; that the Final EIR adequately addresses the environmental issues of the Project and the Amended Plan; and that the City Council and the Agency have reviewed and considered the information contained in the Final EIR prior to approving the Project and the Amended Plan. 3. That the City Council and Agency hereby identify the significant effects, adopt the mitigation measures, adopt the monitoring program to be implemented for such mitigation measures, make the findings, and declare the statement of overriding considerations set forth in detail in the attached Exhibit B which is incorporated in this Resolution by this reference. The statements, findings and determinations set forth in Exhibit B are based on the above certified Final EIR and other information available to the city council and the Agency, and are made in compliance with Sections 15091, 15092, and 15093 of the State EIR Guidelines and Section 21081.6 of CEQA. 4. That, with respect to the former Winchester Drive-In site in the McGlincey Lane Expansion Area portion of the Project Area, the City council and the Agency hereby find, determine and resolve as follows: a. Any development proposal for the former Winchester Drive-In site will require early and ongoing consultations with business and property owners in the McGlincey Lane area, affected area residents, and neighborhood organizations. b. Notwithstanding the certification of the Final EIR, any development application for the former Winchester Drive- In site will require additional environmental analysis to assess the impacts of the proposed development on traffic, parking, circulation, noise, vehicle loading/unloading and any other potentially significant impacts on area businesses, property owners and residents that may be affected by the proposed development. c. The Final EIR does not constitute a project EIR under CEQA with respect to the development of the former Winchester Drive-In site as described herein. 1030CP .PSG -3- i APPROVAL OF CITY COUNCIL: Passed and adopted this 2nd day of June 1992 by the following vote: AYES: COUNClumMBERS : Kotowski, Conant, Ashworth, Watson, Burr NOES: COUNCILMEMBERS : None ABSENT : COUNCILMEMBERS : None APPROVED: 5::--Q ~~ DONALD R. BURR, MAYOR ATTEST: Ba APPROVAL OF AGENCY: Passed and adopted this 2nd day of June, 1992 by the following vote: AYES: AGENCY BOARD MEMBERS: Kotowski, Conant, Ashworth, Watson, Burr ABSENT: AGENCY BOARD MEMBERS: ] AGENCY BOARD MEMBERS: None NOES: None APPROVED: ~-~~ DONllTn R. BURR, HA ERSON 10300' .PSO -4- . EXHIBIT A ADDITIONS TO FINAL EIR 91-01 The following text revisions are aade to Final EIR 91-01. A. Winchester Drive-In Site soecial Mitiaation Measure. The following is added as an additional mitigation measure at the conclusion of the "Land Use" subsection of Section 4 of the Draft EIR (page 4-7): "Prior to approval of any development application for the former Winchester Drive-In site, additional environmental analysis shall be required to assess the impacts of the proposed development on traffic, parking, circulation, noise, vehicle loading/unloading and any other potentially significant impacts on area businesses, property owners and residents that may be affected by the proposed development." B. Traffic/Circulation Analvsis. The following is added as additional analysis at the conclusion of the "Setting" discussion in the "Traffic/Circulation" subsection of Section 4 of the Draft EIR (page 4-58): "Special Ana1vsis Reaardina San Tomas Exoressway/SR-17 Off- Ramos. Table 4-1 on page 4-16 states that the intersection of the San Tomas Expressway off-ramp from southbound Route 17 is currently operating at LOS C during both peak periods. The program used to calculate LOS in Table 4-1 is the program required by the Santa Clara County Congestion Management Agency (the "CHA") called "CAPPSI". This program has several built in assumptions that may cause miscalculation of existing conditions, but it was used in this Draft EIR because it is required in all CHA traffic studies. The City concurs with Caltrans' comment that the actually observed LOS for this intersection during the p.m. peak period is LOS F. The city has development improvement plans that show how the entire interchange can be modified to provide LOS D to E operation. The City and Santa Clara County are currently designing these improvements. Based on the improvement plans and design work, it i. concluded that reconstruction of the overpass on Route 17 at the San Tomas Expressway is not required to achieve greatly improved levels of service. CMA Land Use Imoact Analvsis Proaram. The CMA implements a land use monitoring program. This program is essentially a reporting process by all member jurisdictions. This EIR will be reported to CMA within 30 days of its being 1030C.V .PSG -1- certified. In addition, adjacent jurisdictions are also notified by the city of Campbell for any developments reported in this .anner. Therefore, Campbell .ay be required to notify San Jose and Los Gatos in aany situations, and in special instances, Campbell .ay also notify cupertino, Saratoga and Santa Clara. Beyond this, notification of land use changes county-wide is performed annually to CMA. Each year CMA compiles all land use actions reported to it and disseminates this information back to all .ember jurisdictions on an annual basis. In addition, CMA also uses this annually updated information to revise and update its transportation model. The updated model is then run to determine whether the past year'. development actions have resulted in unacceptable levels of service. All development proposals which will result in at least 100 new trips in the peak hour (a.m. or p.m.) must be reported to CMA within 30 days. At the end of the year all approved development must be reported to CMA regardless of the number of new trips. Each city, the county, and Caltrans must also, each year, recount all CMA system intersections and recalculate levels of service and report this to CMA. CMA then prepares an annual report showing the cumulative effects of the aggregate of all land use decisions over the past year and will also update its files on the performance of the highway system. The capacity calculation methodology, including CAPPSI, are currently under review by CMA and its member jurisdictions to improve their accuracy." 1030C.V .PSO -2- .mIBIT . CITY COUNCIL OF THB CITY OF CAMPBELL AND ~ CITY OP CAMPBELL REDEVELOPMENT AGENCYI 8ECOND AKENDED AND RESTATED CBN'l'RAL CAMPBELL REDBVELOPKDrr PLU- 8IGNIPICANT BHVIROHKENTAL IMPACTS, MITIGATION XEASURBS, MONITORING PROGRAM, 8TATEHEB'l' 01' OVBRRIDING BDEPIT AND I'INDINGS OP I'ACT Z. GDBRAL ZDORXATIO. .um DBSCRIPTIO. 01' DB PROJECT The project under consideration by the City Council of the City of Campbell (the .City Council") and the Redevelopment Agency of the City of Campbell (the "Agency") is the adoption of the Second Amended and Restated Central campbell Redevelopment Plan (the "Amended Plan"), which would amend the existing Central Campbell Redevelopment Plan. The Amended Plan has been prepared pursuant to the California Community Redevelopment Law (Health and Safety Code Section 33000 ~ ~.) to enable the City and the Agency to continue to eliminate the physical, economic and 80cial blighting conditions that continue to exist in the Central Campbell Redevelopment Project Area (the "Project Area") 80 that the Project Area may be developed in conformity with the Campbell General Plan, to the benefit of Project Area residents and businesses and the Campbell community as a whole. Among other provisions, the Amended Plan incorporates into the Project Area the McGlincey Lane Expansion Area (the "Expansion Area"), as more fully described in Exhibit D-2 of the Amended Plan. An Environmental Impact Report ("EIR") for the Amended Plan has been prepared by the City in accordance with the California Environmental Quality Act ("CEQA"), the State CEQA Guidelines (the "State Guidelines") and local CEQA Implementation Guidelines. The City bas served as "lead agency" and the Agency bas served as a "responsible agency", as those terms are used by CEQA, in the preparation and consideration of the Amended Plan EIR. Tbe EIR process began in April, 1991 with the mailing of a Notice of Preparation to all interested and affected agencies, followed by the preparation of a Draft Environmental Impact Report (the "DEIR"). The DEIR was submitted to the state Clearinghouse for review on September 19, 1991 (SCH #91053013). (For local purposes, the EIR is designated a8 EIR 91-01.) On September 19, 1991, the 1030C7 .P5O -1- i Notice of Completion of the DEIR was published in the San Jose Mercury News. The 45-day comment period began on september 19, 1991 and closed on November 4, 1991. The DEIR is incorporated by this reference into this Exhibit B. Pursuant to Health and Safety Code Section 33333.3, the DEIR and the Amended Plan were distributed by certified mail, return receipt requested, to all affected taxing agencies. Copies of the Notice of Completion of the DEIR were also mailed to the City's mailing list of interested persons regarding environmental issues. The Planning Commission of the City of Campbell conducted a noticed public hearing on the DEIR on October 24, 1991. Several comments were received on the DEIR. The comments received on the DEIR and the City'S responses to such comments are contained in the Final Environmental Impact Report (the "Responses"), which document is incorporated by this reference into this Exhibit B. By Resolution 2794, adopted on April 14, 1992, the Planning Commission of the City of Campbell recommended that the City Council (1) certify the Final Environmental Impact Report (the "FEIR") with the addition of the language set forth in Section A of Exhibit A of this Resolution; and (2) adopt the Amended Plan. The Amended Plan and the FEIR came before the City Council and the Agency on May 5, 1992 at a duly noticed joint public hearing, at which time the City Council and the Agency heard oral testimony and received written communications. As used throughout this Exhibit B, the FEIR is deemed to consist of the DEIR, the Responses, and the additions to the FEIR set forth in Exhibit A of this Resolution. xx. ftB DCORD The record (the "Record") of the City Council and the Agency relating to the Amended Plan and its potential environmental effects includes: A. B. The Amended Plan; The Preliainary Report on the Amended Plan, dated october, 1991; C. The Report to the City Council of the City of Campbell on the Amended Plan for the proposed Second Amended and 1030C7 .PSG -2- Restated Central Campbell Redevelopment Plan, dated March, 1992; the Supplement to the Report to the City Council of the City of Campbell for the Second Amended and Restated Central Campbell Redevelopment Plan, dated April, 1992; the Report on Remaining Adverse Conditions - Central Campbell Redevelopment Project, dated March 1992; and the Report on Existing Conditions - McGlincey Lane Expansion Area, dated March 1992 (collectively, the "Report on the Amended Plan"); D. The Final Environmental Impact Report ("FEIR") prepared for the Amended Plan, consisting of: (1) the DEIR, (2) the Responses, and (3) the additions to the FEIR set forth in Exhibit A of this Resolution. E. The original Central Campbell Redevelopment Plan and the First Amended and Restated Central Campbell Redevelopment Plan; F. The Written Findings and Responses Pursuant to Health and Safety Code Section 33363, adopted by resolution of the City Council, dated June 2, 1992 (the "Section 33363 Findings"); G. Documentary and oral evidence received by the City of Campbell Planning Commission, the Agency and the city Council during public hearings and meetings on the Amended Plan and the FEIR, including, without limitation, staff reports submitted to the City council and Agency Board at the May 5, 1992 joint public hearing on the Amended Plan; H. Matters of common knowledge to the City Council and the Agency 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 .IBDIBGS Before the City Council may approve the Amended Plan, CEQA mandates that the City Council, as lead Agency, and the Agency, as a responsible agency within the meaning of CEQA, consider the Record and make certain findings required by Public Resources Code Section 21081 and 14 California Code of Regulations Sections 15091, 15092 and 15093. The FEIR identifies potentially signifi- cant impacts on the environment which are likely to result from adoption of the Amended Plan. Based on the following findings as to each such impact, the city Council and Agency conclude that 1030C'1.P50 -3- chanqes or alterations have been incorporated into the project which avoid or substantially lessen all potentially significant environmental impacts identified by the FEIR, except for the local and reqional air quality impacts identified in Section IV.C and in section VI below. As to those unavoidable siqnificant impacts, the City Council and Aqency have adopted a statement of overridinq considerations, as set forth in section VIII below. Further, as required by Public Resources Code Section 21081.6, a monitorinq proqram is adopted for the mitiqation measures stated in and required by this Exhibit B. The purposes of the findinqs contained in this Exhibit B include: (1) certifyinq the FEIR prepared for the Amended Plan; (2) briefly describinq and summarizinq the potentially siqnifi- cant environmental impacts of the Project; (3) describinq mitiqa- tion measures for, and alternatives to, the Project; and (4) presentinq the City and Aqency's findinqs as to the impacts of the Project after adoption or rejection of the mitiqation measures and alternatives. In addition, Section V of this Exhibit B adopts mitiqation aeasures for certain other environmental impacts that were addressed in the FEIR but determined not to be potentially siqnificant adverse environmental impacts. The description of impacts contained in this Exhibit B is intended as a summary only. The FEIR, and the documents which it incorporates, describe these impacts in detail. The City Council and the Aqency certify that the FEIR has been completed in compliance with CEQA and that it was presented to, and reviewed and considered by, the City Council and the Aqency prior to actinq on the Amended Plan. In so certifyinq, the City Council and the Aqency recoqnize that there may be "differences" amonq and between the information and opinions offered in the documents and testimony that make up the Record. Therefore, by these findinqs (includinq Exhibit A, this Exhibit B and the resolution adoptinq Exhibit A and this Exhibit B), the City Council and the Aqency adopt the clarifications and/or modifications of the FEIR as set forth in these findinqs, and determine that these findinqs shall control and that the FEIR shall be deemed to be certified subject to the determinations reached by the City Council and the Aqency in these findinqs, which are based on the substantial evidence in the Record described above. The City Council and the Aqency also find and determine that the FEIR will serve as the "Proqram" EIR for the Amended Plan, pursuant to California Code of Requlations Section 15168. 1030C7 .PSG -4- Subsequent .pecific project. will undergo individual environmental review and aay involve further identification of project-specific impacts, aitigations and alternatives. At this stage of the redevelopment process, it is impossible to forecast with certainty the particulars of such subsequent projects, whether such subsequent projects will be approved, will be approved at the aaximum density or intensity allowed by applicable land use regulation or will involve the assumptions, environmental impacts and scenarios hypothesized in the FEIR. Nonetheless, these findings attempt to address plausible environmental impacts of the Amended Plan at the earliest stage in the process. The FEIR recommends mitigation aeasures for the Amended Plan as a whole, including aitigation aeasures which are designed to be: (i) incorporated as policies of the City and the Agency in implementing the Amended Plan; (ii) effected through subsequent implementing regulations, ordinances, standards, programs and plans; or (iii) incorporated into future development approvals. These mitigation aeasures are adopted in this Exhibit B. As more fully set forth in the City Council and Agency resolution adopting this Exhibit B, the City Council and the Agency specifically find and determine that the FEIR will not serve as the "project" EIR for future development of the former Winchester Drive-In site within the Project Area. xv. POTENTIALLY SIGNIFICANT XXPACTS OF TaB PROJBCT A. ftAlI'I'IC/CIRCULA'l'IOH 1. 1994 Project Exoansion Area Traffic Without SR-85. a. Potentiallv sianificant Impact. If the Amended Plan projects in the Expansion Area are implemented by the end of 1994 Drior to the completion of SR-85, four signalized intersections and three unsignalized intersections in the Expansion Area vicinity would experience a level of service ("LOS") of E or F during the weekday AM and/or PM peak hours. The following intersections are significantly impacted and the impact on these intersections will have to be mitigated: . Signalized Intersections: Bascom Avenue/Camden Avenue (LOS E) San Tomas Expressway/Highway 17 (LOS F) Camden Avenue/curtner Avenue (LOS F) Camden Avenue/Union Avenue (LOS F) Unsignalized Intersections: 1030C7 .PSO -5- curtner Avenue/McGlincey Lane (LOS F) cristich Lane/McGlincey Lane (LOS F) Union Avenue/McGlincey Lane (LOS F) b. Mitiaation. The four impacted signalized intersections shall be mitigated as follows: (1) The Bascom Avenue/Camden Avenue intersection shall be restriped to add an exclusive northbound left-turn lane, a northbound right-turn lane, and a southbound right-turn lane. (2) The San Tomas Expressway/SR-17 ramps intersection shall be improved from level of service F to level of service E by the addition of an eastbound through lane. (3) The operation of the Camden Avenue/curtner Avenue intersection shall be improved by the addition of a northbound through lane, and converting the existing through left/lane to an exclusively left-turn lane. Also, the existing signal phasing shall be redesigned to provide for leading and lagging left-turn movements on Camden Avenue. The traffic operations at this intersection shall be further improved by adding an additional exclusive southbound right-turn lane. This new lane would be an exclusive right-turn lane onto northbound SR-17. The existing right-turn lane could access either northbound San Tomas Expressway or the freeway. This geometry would minimize weaving and, therefore, decrease the possibility of vehicle conflicts. (4) The Camden Avenue/Union Avenue intersection operations shall be improved by re-striping of the northbound approach and adding a new right-turn lane. The three unsignalized intersections shall be .itigated as follows: (1) The intersection of CUrtner Avenue/McGlincey Lane is proposed as part of the Amended Plan to be modified to make the through direction of traffic from the west leg of curtner Avenue to the north leg of McGlincey Lane. The east leg of CUrtner Avenue shall become a minor street. Right-turns from curtner Avenue to MCGlincey Lane, and left- turns from McGlincey Lane to the east leg of curtner Avenue would be prohibited. This will eliminate access to the site from the residential portion of curtner Avenue. The intersection shall be redesigned to City of Campbell standards, which provide for adequate truck turning radius, ainimum lane width requirements, 1030C7 .PSO -6- and sight distance requirements. The addition o~ a tra~~ic signal at this intersection will improve the levels o~ service to acceptable levels. (2) A traf~ic aiqnal shall be added at the cristich Lane/McGlincey Lane intersection to improve the level of service to acceptable levels. (3) A traffic aiqnal shall be added at the Union Avenue/McGlincey Lane intersection to improve the levels o~ service to acceptable levels. c. Monitorina Proaram. (1) ResDonsibilitv for ImDlementation: Public Works Department. (2) Action to be Taken: This EIR does not constitute a project EIR for development of the Winchester Drive-In site. There~ore, additional environmental analysis will be required for any future development proposal of the site. Detailed mitiqation measures and monitorinq proqrams will be developed and implemented in conjunction with the future environmental studies. (3) Taraet Date for ComDletion: Tarqet date will be established with the detailed mitiqation measures and aonitorinq proqrams developed by future environmental studies for development of the Winchester Drive-In site. d. Findinq. The above aitiqation aeasures and monitorinq program are hereby adopted and shall be implemented if the Amended Plan projects in the Expansion Area are completed before the completion of SR-85. Based upon the information and analysis in Section 4 (Traffic/Circulation subsection) of the DEIR, the findinq is made that the adoption of the above mitiqation measures and monitorinq proqram will avoid or substantially lessen the significant environmental effect described in IV.A.1 above. 2. 1994 Expansion Area Traffic with SR-85. a. PotentiallY Siqnificant ImDact. 1030C7 .PSO -7- Xf the Amended Plan projects in the Expansion Area are implemented by the end of 1994, after the completion of SR-85, four intersections in the Expansion Area vicinity would experience an LOS of E or F during the weekday'PM peak hour. The followinq intersections will be siqnificantly impacted: Siqnalized Xntersection: Camden Avenue/curtner Avenue Unsiqnalized Xntersections: curtner Avenue/McGlincey Lane Cristich Lane/McGlincey Lane Union Avenue/McGlincey Lane b. Mitiaation. The impact at the siqnalized intersection at Camden Avenue/curtner Avenue shall be mitigated by the optimization of the existinq siqnal system. The impacts at the three unsiqnalized intersections shall be mitiqated by the addition of a traffic siqnal at all three intersections. c. Monitorinq Proaram. (1) ResDonsibilitv for Implementation: Public Works Department. (2) Action to be Taken: This EIR does not constitute a project EXR for development of the Winchester Drive-In site. Therefore, additional environmental analysis will be required for any future development proposal of the site. Detailed mitiqation measures and monitorinq proqrams will be developed and implemented in conjunction with the future environmental studies. (3) Target Date for ComDletion: Tarqet date will be established with the detailed mitiqation aeasures and monitorinq proqrams developed by future environmental studies for development of the winchester Drive-In site. d. Findina. The above aitigation aeasures and aonitoring program are hereby adopted and shall be implemented if the Amended Plan 1030C1.PSO -8- projects in the Expansion Area are completed after the completion of SR-85. Based upon the information and analysis in Section 4 (Traffic/Circulation subsection) of the DEIR, the finding is made that the adoption of the above mitigation measures and monitoring program will avoid or substantially lessen the significant environmental effect described in IV.A.2. above. 3. Year 2000 Traffic. a. Potentiallv Sianificant ImDact. Long-term (year 2000) traffic impacts will occur on McGlincey Lane north of Curtner Avenue and on Curtner Avenue west of McGlincey Lane. b. Mitiaation. The results of year 2000 traffic analyses indicate that with addition of the Amended Plan trips, all roadway segments evaluated as part of the traffic analysis will operate at LOS D or better, with the exception of the segment of McGlincey Lane north of Curtner Avenue and Curtner Avenue west of McGlincey Lane. Without the Amended Plan projects, these facilities will operate with a year 2000 base level of service B. With addition of the project trips, these streets will operate at LOS F. Implementation of the following mitigation measures will reduce impacts to a less than significant level: (1) Installation of a traffic signal at McGlincey Lane/Union Avenue intersection. An eastbound left- turn lane will also be necessary at this intersection. (2) Installation of a traffic signal at McGlincey Lane/cristich Lane intersection. (3) Installation of a traffic signal at McGlincey Lane/Curtner Avenue intersection. (4) Reconfiquration of the intersection of McGlincey Lane and Curtner Avenue, as proposed by the Amended Plan. c. Monitorina Proaram. (1) ResDonsibilitv for Implementation: Public Works Department. (2) Action to be Taken: 1030C7 .PSG -9- This EIR does not constitute a project EIR ~or development o~ the Winchester Drive-In site. Therefore, additional environmental analysis will be required for any future development proposal of the site. Detailed mitigation measures and monitorinq proqrams will be developed and implemented in conjunction with the future environmental studies. (3) Taraet Date for ComDletion: Tarqetdate will be established with the detailed mitiqation measures and aonitorinq proqrams developed by future environmental studies for development of the winchester Drive-In site. d. Findina. The above mitiqation measures and monitorinq proqram are hereby adopted. Based upon the information and analysis in Section 4 (Traffic/Circulation subsection) of the DEIR, the finding is made that the adoption of the above mitiqation measures and monitoring program will avoid or substantially lessen the siqnificant environmental affect described in IV.A.3. above. 4. Street Improvements. a. Potentiallv Sianificant ImDact. The street improvements proposed as part of the Amended Plan will require the City or Aqency to obtain riqht-of-way from affected property owners. b. Mitiaation. Right-of-way shall be acquired by the City and/or Aqency in accordance with applicable City regulations and redevelopment law. c. Monitorina Proaram. (1) ResDonsibilitv for ImDlementation: Public Works Department and Redevelopment Aqency. (2) Action to be Taken: The Department and Aqency shall ensure that any additional riqht-of-way required as a result of the 1030C1.PSO -10- Amended Plan is acquired in accordance with City regulations and state redevelopment laws. (3) Taraet Date for Completion: This mitigation measure shall be implemented as additional right-of-way is acquired. d. Findina. The above mitigation measure and monitoring proqram are hereby adopted. Based upon the information and analysis in Section 4 (Traffic/Circulation subsection) of the DEIR, the finding is made that the adoption of the above mitigation measure and monitoring program will avoid or substantially lessen the significant environmental effect described in IV.A.4. above. B. BOISB 1. Traffic Noise. a. PotentiallY Sianificant ImDact. Noise levels due to project-generated traffic on the seqment of McGlincey Lane between Union Avenue and Westchester Drive would increase by as much as 6 decibels during weekdays and by 7 decibels during weekend peak hours. The northeast corner unit at the Dry Creek Place townhomes (563 McGlincey Lane) would experience significant increases in noise levels from project- related traffic. b. Mitiaation. The wood fence around the northeast corner unit shall be reconstructed to be an a-foot solid wood fence along Union Avenue and a 9-foot solid wood fence along McGlincey Lane. The City shall offer to install a mechanical ventilation system at the northeast corner unit of Dry Creek Place townhomes (563 McGlincey Lane). c. Monitorina Proaram. (1) ResDonsibilitv for ImDlementation: Planning Department. (2) Action to be Taken: 1030C7.PSO -11- This EIR does not constitute a project EIR for development of the winchester Drive-In site. Therefore, additional environmental analysis will be required for any future development proposal of the site. Detailed mitigation measures and monitoring programs will be developed and implemented in conjunction with the future environmental studies. (3) Taraet Date for ComDletion: Target Date will be established with the detailed mitigation measures and monitoring programs developed by future environmenta~ studies for development of the Winchester Drive-In site. d. Findina. The above mitigation measures and monitoring program are hereby adopted. Based upon the information and analysis in Section 4 (Noise subsection) of the DEIR, the finding is made that the adoption of the above mitigation measures and monitoring program will avoid or substantially lessen the significant environmental effect described in IV.B.l. above. 2. Land Use ComDatibilitv. a. PotentiallY Sianificant ImDact. Industrial and commercial intensification in the Expansion Area may result in increased noise levels at the residences adjacent to the southeast of the Expansion Area. b. Mitiaation. The City shall develop a noise-sensitive land use plan or less intensive zoning category for the portions of Expansion Area that share rear property lines with residential land uses. The land use plan or zoning category shall include noise performance and design standards to protect adjacent residential uses from noise impacts. c. Monitorina Proaram. (1) ResDonsibilitv for ImDlementation: Planning Department. (2) Action to be Taken: 1030C7.PSO -12- ; The Planning Department shall prepare and the city shall adopt the land use plan or zoning category described in the mitigation measure. (3) Taraet Date for ComDletion: June 1995. d. Findina. The above mitigation measures and monitoring program are hereby adopted. Based upon the information and analysis in Section 4 (Noise subsection) of the DElR, the finding is made that the adoption of the above mitigation aeasures and aonitoring program will avoid or substantially lessen the siqnificant environmental effect described in IV.B.2. above. 3. Construction. a. Potentiallv Sianificant ImDact. Construction-related activities in the Expansion Area may generate elevated noise levels. b. Mitiaation. The following mitigation measures will be implemented to reduce the impacts to a less than significant level: (1) Noise-generating construction activities shall be restricted to the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday. (2) All internal combustion engine-driven equipment shall be fitted with mufflers that are in good condition. (3) Noise sources, such as air compressors and concrete pumpers, shall be located as far as possible from the nearest residences. (4) The property owner, developer, and/or the City shall desiqnate a "noise disturbance coordinator" who would be responsible for responding to complaints about noise (e.g., starting too early, poor mufflers, etc.). This person shall have the authority to take necessary actions to gain conformance with these conditions. The telephone number and name of this person shall be conspicuously posted at the construction site to provide communication between the neighbors and project sponsor. 1030C7 .PSO -13- c. Monitoring Proaram. (1) ResDonsibility for ImDlementation: Planning Department and Public Works Department. (2) Action to be Taken: (a) The Planning Department ahall impose the mitigation measure requirements on all discretionary planning permits issued after adoption of the Amended Plan. (b) The Public Works Department shall ensure implementation of the mitigation measures in the field. (3) Taraet Date for ComDletion: The mitigation measure shall be implemented as discretionary permits are issued and as construction occurs. d. Findina. The above mitigation measures and monitoring program are hereby adopted. Based upon the information and analysis in Section 4 (Noise SUbsection) of the DEIR, the finding is made that the adoption of the above mitigation measures and monitoring program will avoid or substantially lessen the significant environmental effect described in IV.B.3. above. c. &XR QUALITY 1. Construction. a. Potentiallv Sianificant ImDact. The Amended Plan would result in new construction activities in the Expansion Area; these construction activities would create additional sources of dust from Clearing, grading, and other construction-related activities. b. Mitiaation. The following dust control aeasures ahall be implemented during construction activities in the Expansion Area: 1030C7 .PSG -14- (1) Suspend earthmoving or other dust- producing activities during high wind periods when dust is readily visible in the air. (2) Provide equipment and manpower for watering of all exposed or disturbed soil surfaces at least twice daily, including weekends and holidays. An appropriate dust palliative or suppressant, added to water before application, should be utilized. (3) Water or cover stockpiles of debris, soil, sand, or other materials that can be blown by the wind. (4) SWeep construction area and adjacent streets of all mud and debris, since this material can be pulverized and later resuspended by vehicle traffic. (5) Limit the speed of all construction vehicles to 15 miles per hour while on site. The use of watering alone for dust control is estimated to reduce dust emissions by approximately 50 percent. The combined effect of the above 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. c. Monitorina Proaram. (1) ResDonsibilitv for Implementation: Planning Department and Public Works Department. (2) Action to be taken: (a) The Planning Department shall impose the mitigation measure requirements on all discretionary planning permits issued after adoption of the Amended Plan. (b) The Public Works Department shall ensure implementation of the mitigation measures in the field. (3) Taraet Date for Completion: The mitigation measure shall be implemented as discretionary permits are issued and as construction occurs. d. Findina. 1030C7 .PSG -15- The above mitigation aeasures and aonitoring program are hereby adopted. Based upon the information and analysis in section 4 (Air Quality subsection) of the DEIR, the finding is made that the adoption of the above aitigation aeasures and monitoring program will avoid or substantially lessen the significant environmental effect described in IV.C.l. above. 2. Automobile-Related Impacts (Local}. a. Potentiallv Sianificant ImDact. Implementation of the Amended Plan projects prior to completion of SR-85 (1994) will result in exceedances of the 8- hour carbon monoxide standard at the Bascom/Camden and Camden/curtner intersections. b. Mitiaation. No mitigation possible. c. Monitoring Proaram. Not applicable. d. Findina. Based upon the information and analysis in Section 4 (Air Quality subsection) of the DEIR, the finding is aade that the significant environmental effect described in IV.C.2. above cannot be avoided or substantially lessened. Therefore, this significant effect will be discussed in Sections VII (Alternatives) and VIII (statement of Overriding Considerations) below. 3. Automobile-Related ImDacts (Regional}. a. Potentially Sianificant ImDact. The daily increases in regional emissions from auto travel related to the Expansion Area for organic gases and oxides of nitrogen exceed the BAAQMD quidelines for these two regional pollutants. Although implementation of Transportation system Management programs will reduce trips by 10 to 25 percent, this is not enough to decrease regional emissions below a level of significance. b. Mitiaation. No mitigation possible. 1030C7 .PSG -16- c. Monitoring Proaram. Not applicable. d. Finding. Based upon the information and analysis in section 4 (Air Quality Subsection) of the DEIR, the findinq is made that the siqnificant environmental effect described in VI.A.l. above cannot be avoided or substantially lessened. Therefore, this siqnificant effect will be discussed in sections VII (Alternatives) and VIII (Statement ot Overridinq Considerations) below. D. HAZARDOUS DTBRIALS 1. Hazardous Materials storaae. a. Potentially Sianificant ImDact. The use, storaqe, and transport of hazardous materials in the Expansion Area may result in spills, leaks, or accidents involvinq these materials. b. Mitigation. The City of Campbell Fire Department shall continue to implement and enforce the Hazardous Materials storaqe Ordinance and Toxic Gas Ordinance. c. Monitorina Proaram. (1) ResDonsibilitv for ImDlementation: Fire Department. (2) Action to be taken: The Fire Department shall continue to enforce the Hazardous Materials Storaqe Ordinance and Toxic Gas Ordinance. (3) Taraet Date for ComDletion: None. This is an onqoinq mitiqation measure. 1030C7 .PSG -17- d. Findina. The above mitigation measure and monitoring program are hereby adopted. Based upon the information and analysis in Section 4 (Hazardous Materials subsection) of the DEIR, the finding is made that the adoption of the above mitigation aeasure and monitoring program will avoid or substantially lessen the significant environmental effect described in IV.D.l. above. 2. Underaround storaae Tanks. a. PotentiallY Sianificant ImDact. Many properties in the Expansion Area contain underground storage tanks and/or have recorded incidents of hazardous materials spills or leakages. b. Mitiaation. Preliminary site investigations shall be performed for all parcels in the Expansion Area as they are proposed for development; recommendations of these investigations shall be implemented, as directed by the Regional Water Quality Control Board and the Santa Clara Valley Water District. c. Monitorina Proaram. (1) Responsibility for ImDlementation: Planning Department. (2) Action to be taken: The Planning Department shall require preliminary site investigations on all sites where new development is proposed. The Department will require that the recommendations of the investigations be implemented. (3) Taraet Date for ComD1etion: This mitigation aeasure shall be implemented as new development is proposed on .ites within the McG1incey Lane Expansion Area. d. Findina. The above mitigation aeasure and monitoring program are hereby adopted. Based upon the information and analysis in Section 4 (Hazardous Materials subsection) of the DEIR, the finding is made that the adoption of the above mitigation aeasure 1030C7 .PSG -18- and aonitorinq proqram will avoid or substantially lessen the siqnificant environmental effect described in IV.D.2. above. 3. Asbestos Containina Materials. a. Potentiallv Sianificant ImDact. The presence of asbestos-containinq aaterials at the winchester Drive-In site may create an increased potential for health hazard from the release of asbestos fibers. b. xitiaation. The aSbestos-containinq aaterials at the Drive-In site shall be removed by a licensed abatement contractor as soon as possible, or at least prior to the issuance of a buildinq permit for the redevelopment of the site. c. Monitorina Proaram. (1) ResDonsibilitv for ImDlementation: Planninq Department. (2) Action to be taken: The City shall encouraqe the property owner of the Winchester Drive-In site to remove the asbestos- containinq materials a soon as possible. (3) Taraet Date for ComDletion: At the latest, the .aterials shall be removed prior to issuance of a buildinq permit for any new development on the Winchester Drive-In site. d. Findina. The above aitiqation aeasure and aonitorinq proqram are hereby adopted. Based upon the information and analysis in section 4 (Hazardous Materials subsection) of the DEIR, the findinq is aade that the adoption of the above aitiqation aeasure and monitorinq proqram will avoid or substantially lessen the siqnificant environmental effect described in IV.D.3. above. 1030C'l.P50 -19- B. POBLZC 8BRVZCBS aND UTZLZTZBS 1. Fire Services. a. PotentiallY Sianificant ImDact. To achieve the 4,000 gallons per minute required fire flow to the Drive-In site, substantial improvements to the water supply system will be required. Installation of required improvements may have construction-related impacts such as noise, dust, and traffic diversion. b. Mitigation. The city and the San Jose Water Company shall be responsible for determining which improvements are required and for requiring the installation of appropriate improvements to the water supply system. Both agencies shall comply with all applicable regulations relative to noise, dust, and traffic control measures. c. Monitoring Proaram. (1) ResDonsibility for ImDlementation: Fire Department. (2) Action to be taken: The Fire Department, in conjunction with the San Jose Water Company, shall ensure that adequate fire flow is provided to all new developments in the Expansion Area. (3) Taraet Date for ComDletion: The Fire Department shall require that any necessary water system improvements are installed in conjunction with new development in the Expansion Area. The improvements shall be completed prior to the completion of new development. d. Findina. The above mitigation measure and monitoring program are hereby adopted. Based upon the information and analysis in Section 4 (Public Services and utilities subsection) of the DEIR, the finding is made that the adoption of the above mitigation measure and monitoring program will avoid or substantially lessen the significant environmental effect described in IV.E.l. above. 1030C7 .PSO -20- r. USTHBTJ:CS 1. Visual Impacts. a. Potentiallv Sianificant Impact. Development of the Drive-In site has the potential to create adverse views from vehicles travelinq on SR-17. b. Mitiaation. The City of Campbell ahall implement and enforce the adopted development policies for the Drive-In site. c. Monitorina Proaram. (1) ResDonsibilitv for Implementation: Planninq Department. (2) Action to be taken: This EIR does not constitute a project EIR for development of the Winchester Drive-In site. Therefore, additional environmental analysis will be required for any future development proposal of the site. Detailed mitiqation measures and monitorinq proqrams will be developed and implemented in conjunction with the future environmental studies. (3) Target Date for ComDletion: Tarqet date will be established with the detailed mitiqation measures and monitorinq proqrams developed by future environmental studies for development of the Winchester Drive-In site. d. Finding. The above mitiqation measure and monitorinq proqram are hereby adopted. Based upon the information and analysis in Section 4 (Aesthetics subsection) of the DEIR, the findinq is made that the adoption of the above mitiqation .easure and monitorinq proqram will avoid or Substantially lessen the siqnificant environmental effect described in IV.F.1. above. 1030C7 .PSO -21- 2 . ODen SDace. a. Potentiallv Sianificant I~pact. The proposed site plan for the destination retail center on the Drive-In site does not include open space and/or recreational facilities, as required by the Open Space Element of the General Plan. b. Mitiaation. The site plan for the destination retail center shall be modified prior to issuance of building permits, to include outdoor sitting/eating areas and to provide for a future pedestrian/bicycle path and pedestrian overpass landing area. c. Monitorina Proaram. (1) ResDonsibilitv for Implementation: Planning Department. (2) Action to be taken: This EIR does not constitute a project EIR for development of the Winchester Drive-In site. Therefore, additional environmental analysis will be required for any future development proposal of the site. Detailed mitigation measures and monitoring programs will be developed and implemented in conjunction with the future environmental studies. (3) Taraet Date for ComDletion: Target date will be established with the detailed mitigation measures and monitoring programs developed by future environmental studies for development of the Winchester Drive-In site. d. Findina. The above mitigation measure and monitoring program are hereby adopted. Based upon the information and analysis in Section 4 (Aesthetics SUbsection) of the DEIR, the finding is made that the adoption of the above mitigation measure and monitoring program will avoid or substantially lessen the significant environmental effect described in IV.F.2. above. lO30C7.PSO -22- G. BIOLOGICAL aBSOURCBS 1. Veaetation and Wildlife. a. Potentiallv Sianificant ImDact. Redevelopment activities in the Expansion Area may result in the loss of some landscape species. b. Mitiaation. Future development applications in the Expansion Area shall be reviewed for potential impacts to ordinance-size trees, and appropriate mitigation measures shall be developed and implemented. The two sycamore trees along McGlincey Lane shall be retained. Landscaping plans for future developments shall comply with the city's water-efficient landscape standards and follow the California Native Plant society's general revegetation principles. c. Monitorina Proaram. (1) ResDonsibility for ImDlementation: Planning Department. (2) Action to be taken: (a) The Planning Department shall require review and mitigation of potential impacts to significant trees (as defined by the city's Water Efficient Landscape Standards) for future development applications. (b) The Planning Department shall require preservation of the two sycamore trees. (c) The Planning Department shall implement the city's Water Efficient Landscape Standards. (3) Taraet Date for ComDletion: The mitigation measure will be implemented in conjunction with new development within the Expansion Area. 1030C1.PSO -23- d. Findina. The above mitigation measures and monitoring program are hereby adopted. Based upon the information and analysis in section 4 (Biological Resources subsection) of the DEIR, the finding is made that the adoption of the above mitigation measures and monitoring program will avoid or substantially lessen the significant environmental effect described in IV.G.l. above. B. CULTURAL RESOURCES 1. Disturbance of Archaeoloaical sites. a. Potentiallv sianificant Imnact. Construction activities in the Expansion Area that involve the removal of surface paving materials could potentially unearth subsurface, buried cultural remains. b. Mitiaation. If cultural remains are encountered during construction activities, work shall be stopped, an archaeological monitor called in, and appropriate mitigation measures shall be developed and implemented. c. Monitorina Proaram. (1) Resoonsibilitv for Imolementation: Planning Department. (2) Action to be taken: The mitigation measure shall be imposed on new development in the Expansion Area. (3) Taraet Date for Comnletion: The mitigation measure will be implemented in conjunction with new development within the Expansion Area. d. Findinq. The above mitigation measure and monitoring program are hereby adopted. Based upcn the information and analysis in Section 4 (CUltural Resources subsection) of the DEIR, the finding is made that the adoption of the above mitigation measure 1030C7 .P5O -24- and monitoring program will avoid or substantially lessen the significant environmental effect described in IV.H.1. above. %. GEOLOGY 1. Seismic Activitv. a. Potentiallv Sianificant Impact. The Expansion Area will be subject to groundshaking in the event of a major earthquake in the San Francisco Bay region. b. Mitiaation. Development activities in the Expansion Area 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 be performed to determine site- specific hazards and mitigations. c. Monitorina Proaram. (1) ResDonsibilitv for ImDlementation: Public Works Department. (2) Action to be taken: The mitigation measure shall be imposed on new development in the Expansion Area. (3) Taraet Date for ComDletion: The mitigation measure will be implemented in conjunction with new development within the Expansion Area. d. Findina. The above mitigation measure and monitoring program are hereby adopted. Based upon the information and analysis in section 4 (Geology subsection) of the DEIR, the finding is made that the adoption of the above mitigation measure and monitoring program will avoid or SUbstantially lessen the significant environmental effect described in IV.I.1. above. l030C1.PSO -25- J. DRAIHAGB/~LOODI.Q 1. Percolation fonds. a. PotentiallY Sianificant ImDact. Surface runoff into the Santa Clara Valley Water District percolation ponds, both by direct runoff from adjacent sites and from the storm drainage system and outfalls, constitutes a potentially significant impact to the ponds because the runoff carries organics, metals, and sedimentation. This runoff is considered a source of non-point source pollution, materials and chemicals that are washed into the storm drain system; the materials and chemicals flow directly into the ponds and ultimately to the San Francisco Bay without treatment. Intensification of commercial and industrial uses in the Expansion Area has the potential to increase this runoff and further contribute to non-point source pollution. b. Mitiaation. Implementation of the following mitigation measures will reduce impacts to a less than significant level: (1) Existing outfalls to the percolation ponds shall be removed and drainage rerouted to an approved storm drainage system (see mitigation for City storm drain facilities). (2) The City of Campbell shall require all properties in the Expansion Area to meet the requirements of the Santa Clara Valley Non-Point Source Pollution Control Program being developed by the Santa Clara Valley Water District and the City of Campbell. (3) Surface runoff from properties adjacent to the percolation ponds shall be rerouted to drain to the street and an approved drainage system upon redevelopment or significant new construction on the properties. (4) Future development applications in the Expansion Area shall be forwarded by the City to the Santa Clara Valley Water District for review; a District permit is required for any work within 50 feet of a District facility. Development projects shall be designed so as not to impact the District's ability to access, operate, and maintain the percolation ponds and accompanying delivery system. 1030C7 .PSO -26- c. Monitorina Proaram. (1) Resoonsibi1ity for Imo1ementation: Public Works Department and Planning Department. (2) Action to be taken: (a) See section on Storm Drainage (Section IV.J.3 below). (b) The Public Works Department shall implement the Non-point Source Pollution Control Program. (c) The Public Works Department shall implement Mitigation Measure J.1.b.(3) through review of grading and drainage plans. (d) The Planning Department shall forward all development applications within the Expansion Area to the Santa Clara Valley Water District for review. (3) Taraet Date for Como1etion: None. This is an on-going mitigation measure. d. Findina. The above mitigation measures and monitoring program are hereby adopted. Based upon the information and analysis in Section 4 (Drainage/Flooding subsection) of the DEIR, the finding is made that the adoption of the above mitigation measures and monitoring program will avoid or substantially lessen the significant environmental effect described in IV.J.l. above. 2. Santa Clara Valley Water District Access to Percolation Ponds. a. Potentia1lv Sianificant Impact. Development activities in the Expansion Area may affect the Santa Clara Valley Water District's ability to access, operate, and maintain the percolation ponds. b. Mitiaation. lO30C7 .PSO -27- Future development applications in the Expansion Area shall be forwarded by the City to the Santa Clara Valley Water District for review; a District permit is required for any work within 50 feet of a District facility. Development projects shall be designed so as not to impact the District's ability to access, operate, and maintain the percolation ponds and accompanying delivery system. c. Monitorina Proaram. (1) ResDonsibilitv for ImDlementation: Planning Department. (2) Action to be taken: The Planning Department shall forward all development applications within the Expansion Area to the Santa Clara Valley Water District for review. (3) Taraet Date for ComDletion: None. This is an on-going mitigation measure. d. Findina. The above mitigation measure and monitoring program are hereby adopted. Based upon the information and analysis in Section 4 (Drainage/Flooding subsection) of the DEIR, the finding is made that the adoption of the above mitigation measure and monitoring program will avoid or substantially lessen the significant environmental effect described in IV.J.2. above. 3. Storm Drainaae. a. Potentiallv Sianificant ImDact. The storm drain system in Union Avenue already flows at capacity during peak storm events. Intensification of development in the Expansion Area will create additional flows into an already overloaded system. b. Mitiaation. The City of Campbell shall be responsible for designing and constructing storm drain system improvements in the Expansion Area. These improvements will consist of the following: (1) storm main in cristich Lane 1~~ -28- (2) (3) (4) Road to Union Avenue, or new Cristich Lane system storm main in McGlincey Lane Removal of outfalls in percolation ponds Parallel storm main in Paseo de Palomas a new outfall to Los Gatos Creek via the c. Monitorina Proaram. (1) ResDonsibilitv for ImDlementation: Public Works Department. (2) Action to be taken: The Public Works Department shall be responsible for desiqninq and constructinq the improvements discussed in the mitiqation measure. (3) Target Date for ComDletion: The Public Works Department will be preparinq a City-wide storm Drain Master Plan. The Department anticipates that the Plan will be completed by the end of 1992. The Plan will determine the City's storm drain needs. The Aqency anticipates proceedinq with construction of the mitigation measure at such time as sufficient tax increment revenues have been collected to fund the improvements. d. Findina. The above mitiqation measure and monitorinq proqram are hereby adopted. Based upon the information and analysis in Section 4 (Drainaqe/Floodinq subsection) of the DEIR, the findinq is made that the adoption of the above mitiqation measure and monitorinq proqram will avoid or substantially lessen the siqnificant environmental effect described in IV.J.3. above. K. WINCHBSTER DRIVE-IM SITB SPBCIAL XXTIGATIOM In addition to the specific mitigation measures adopted in this Section IV, the special mitiqation measure related to the winchester Drive-In site incorporated in the FEIR and set forth in Section A of Exhibit A of this Resolution is hereby expressly adopted. That special mitiqation measure is as follows: Prior to approval of any development application for the former Winchester Drive-In site, additional environmental 1030C7 .PSG -29- analysis shall be required to assess the impacts of the proposed development on traffic, parking, circulation, noise, vehicle loading/unloading and any other potentially significant impacts on area businesses, property owners and residents that may be affected by the proposed development. V. OTHER BOil SIGIIIPICAB'l' IMPACTS While not required by CEQA, the FEIR also evaluated several non-significant environmental impacts of the Amended Plan 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. LAND USB 1. Industrial/Commercial a. Non-Sianificant Imcact. The proposed Amended Plan would introduce new industrial businesses and uses, including maintenance yards, into the Expansion Area; development of the new uses may be accomplished in a variety of ways, including conversion of non-conforming residential uses to other uses, redevelopment of existing businesses with new and larger structures, and new development on existing vacant or underdeveloped parcels. b. Mitigation. The City of Campbell shall continue to implement its development review process to ensure that future development applications in the Expansion Area result in properly planned projects that meet all applicable City requirements for building densities, parking, signage, street improvements, lot size, public space, and similar improvements. c. Monitorina Proaram. (1) Resconsibilitv for Imclementation: Planning Department. (2) Action to be taken: The Planning Department shall continue to implement the City'S development review process. (3) Taraet Date for ComDletion: l030C7.PSO - 30- . -( None. This is an ongoing mitigation measure. d. Findina. Based upon the information and analysis in section 4 (Land Use sUbsection) of the DEIR, the impact described in V.A.1. above has no significant environmental impact. The above mitigation measure and monitoring program are nonetheless adopted to further mitigate this identified non-significant environmental impact. 2. Loss Of Residential units in EXDansion Area. a. Non-Significant ImDact. The Amended Plan may result in the eventual removal of the existing residential units in the project area. b. Mitiaation. Residents of those structures to be removed will receive relocation assistance in accordance with Community Redevelopment Law and state relocation guidelines. c. Monitorina Proaram. (1) ResDonsibility for Im~lementation: Agency. (2) Action to be taken: The Agency shall provide relocation assistance as required by state and local laws and regulations. (3) Taraet Date for Co~letion: Relocation assistance required by law will be provided prior to removal of residential units. d. Findina. Based upon the information and analysis in Section 4 (Land Use Subsection) of the DEIR, the impact described in V.A.2. above has no significant environmental impact. The above mitigation measure and monitoring program are nonetheless adopted to further mitigate this identified non-significant environmental impact. 1030C7 .PSO -31- . i B. PUBLIC SERVICBS AND UTILITIES 1. SanitarY Sewer. a. Non-Sianificant ImDact. New sewer line installation in the Expansion Area may create construction-related impacts such as noise, dust, and traffic diversion. b. Mitiaation. The West Valley Sanitation District shall coordinate sewer repair and installation with the City of Campbell Public Works Department, and shall comply with all applicable City regulations relative to noise, dust, and traffic control measures. c. Monitorina Proaram. (1) ResDonsibilitv for ImDlementation: Public Works Department. (2) Action to be taken: The Public Works Department shall ensure that the West Valley Sanitation District complies with all applicable City regulations. (3) Taraet Date for ComDletion: This mitigation measure shall be implemented in conjunction with any construction of sanitary sewer improvements within the Expansion Area. d. Findina. Based upon the information and analysis in Section 4 (Public Services and utilities subsection) of the DEIR, the impact described in V.B.1. above has no significant environmental impact. The above mitigation measure and monitoring program are nonetheless adopted to further mitigate this identified non- significant environmental impact. 2. Water SUDDlv. a. Non-Sianificant ImDact. Future development in the Expansion Area may require water supply system improvements. Installation of required 1030C7 .PSO -32- . ~ improvements may have construction-related impacts such as noise, dust, and traffic diversion. b. Mitiaation. The City of Campbell ahall refer all future development applications in the Expansion Area to the San Jose Water Company for review and determination of required system improvements. The City and the Water Company shall comply with all applicable City regulations relative to noise, dust, and traffic control measures. c. Monitorina Proaram. (1) Res~onsibilitv for ImDlementation: Planning and Public Works Departments. (2) Action to be taken: (a) The Planning Department shall refer all future development proposals to the San Jose Water Company for review. (b) The Public Works Department shall ensure that all water supply system projects comply with applicable City regulations. (3) Taraet Date for ComDletion: These mitigation measures will be implemented during the development review process and upon construction of water supply improvement projects. d. Finding. Based upon the information and analysis in Section 4 (Public Services and utilities subsection) of the DEIR, the impact described in V.B.2. above has no significant environmental impact. The above mitigation measure and monitoring program are nonetheless adopted to further mitigate this identified non- significant environmental impact. l030C7.P50 -33- , , c. DRAIHAOB/PLOODIMO 1. New storm Drainaae Facilities. a. Non-Sianificant ImDact. Installation of new storm drainage facilities may have construction-related impacts such as noise, dust, and traffic diversion. b. Mitiaation. The city shall comply with all applicable regulations relative to noise, dust, and traffic control measures. c. Monitorina Proaram. (1) ResDonsibilitv for ImDlementation: Public Works Department. (2) Action to be taken: The Public Works Department shall ensure that all storm drainage projects comply with applicable city regulations. (3) Taraet Date for ComDletion: This measure will be implemented in conjunction with future storm drainage projects. d. Finding. Based upon the information and analysis in section 4 (Drainage/Flooding SUbsection) of the DEIR, the impact described in V.C.l. above has no significant environmental impact. The above mitigation measure and monitoring program are nonetheless adopted to further mitigate this identified non-significant environmental impact. VI. U!lAVOIDABLB SIGMII'ICANT IJIPACTS Based on the analysis contained in the FEIR and section IV of this Exhibit B, the following unavoidable significant adverse impacts of adoption and implementation of the Amended Plan are identified: 1030C7 .P5O -34- I ~ .. A. Automobile-Related ImDacts (Loca1l. Implementation of the Amended Plan projects prior to completion of SR-85 (1994) will result in exceedances of the 8-hour carbon monoxide standard at the Bascom/Camden and 'Camden/curtner intersections. B. Automobile-Related ImDacts CReaionall. The daily increases in regional emissions from auto travel related to the Expansion Area for organic gases and oxides of nitrogen exceed the BAAQMD guidelines for these two regional pollutants. As to each of these significant environmental impacts, the City Council and Agency find that there are no feasible mitigation measures identified in the FEIR that might reduce the level of significance of these impacts, and specific economic, social, or other considerations make infeasible the adoption of the project alternatives, as shown in section VII below. Therefore, as to these unavoidable significant impacts, the City council and Agency adopt the statement of overriding considerations contained in section VIII below. VII. ALTERNATIVES TO THB PROPOSED PROJBCT A. INTRODUCTIOB. The DEIR evaluated three alternatives to the proposed Project and discussed the lead agency's choice not to evaluate alternative sites for the Project. The environmental impacts of these alternatives are evaluated in the DEIR at pages 5-1 through 5-4. That discussion is hereby incorporated by reference. Following is a summary of the proposed alternatives and the reasons for their rejection. Each alternative is rejected as infeasible because it fails to meet one or more of the important goals and objectives of the proposed project 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 in section VII.B. below and are supported by substantial evidence in the Record. The DEIR did not analyze any alternative location for the Project Area and the program of redevelopment to be undertaken pursuant to the Amended Plan. 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. 14 Cal. Code Reg. section 15126(d). 1030C7 .PSO -35- ; ,. . . The locational decision for the Agency's activities within the Expansion Area pursuant to the Amended Plan is based on several factors, including the existence of blighting conditions and blighting influences which cannot be remedied by private enterprise acting alone. A basic goal of the proposed Amended Plan is the removal of these blighting conditions and influences located in the Expansion Area. Because an alternative location would not remove these blighting conditions and influences from that specific area, an alternative location would not attain one of the basic goals of the proposed project. Therefore, consideration of alternative locations was determined to be infeasible and inappropriate for analysis. B. SUXHARY 01' AL'1'BRD'1'IVBS UD RBASONS I'OR REJBCTION 1. The No proiect Alternative. The No Project Alternative means that the Central Campbell Redevelopment Area would not be expanded into the McGlincey Lane Expansion Area and that none of the projects envisioned by the Amended Plan would occur. The Drive-In site would remain vacant, the corporation yards would not be relocated to the Expansion Area, the private streets would not become public streets, there would be no public improvements to the Expansion Area and the 200,000 square feet of new industrial development would not occur. Under the No Project Alternative, the MCGlincey Lane area would continue to exist as an industrial use neighborhood and the beneficial effects of redevelopment activities, such as infrastructure improvements and economic incentives to property owners, would not occur. Without the assistance of redevelopment funding, it is unlikely that the Drive-In site would develop in the near term, as it has already been vacant for ten years; it is also unlikely that physical improvements to private properties would occur on a large scale, and the area would continue to exhibit its generally degraded appearance. The No Project Alternative would not achieve the city's goal of improving and upgrading the McGlincey Lane area. 2. The Reduced Scale Alternative. The Reduced Scale Alternative aeans.that the retail development on the Drive-In .ite would be reduced in size and the new industrial square footage in the remainder of the Expansion Area would also be reduced. A reduced intensity of development would correspondingly decrease the traffic, air, noise, and public services impacts of the project. It is unlikely that a reduced intensity of development would .till .eet the project's objectives of facilitating the rejuvenation, improvement, and economic development of the project area, because the tax increments and accrued potential funding for projects would not 1030C1.PSO -36- J be enough to achieve those objectives. Of the alternatives considered in the DEIR, the Reduced Scale Alternative would be considered the environmentally superior alternative. 3. Alternative Land Uses on Drive-In Site Because the Drive-In site is the largest vacant parcel (23 acres) within the Expansion Area and, therefore, has the potential to affect traffic patterns more significantly than other development in the Expansion Area, alternative land uses for the Drive-In site were considered. The City of Campbell Public Works Department conducted a traffic analysis for the Drive-In site in February 1990, in which alternative land uses for the site were studied. The city's TMODEL2 traffic forecasting model was used to generate and distribute trips for the following alternative land uses: 420,000 square feet of research and development 300,000 square feet of destination commercial (the use currently being proposed) 750,000 square feet of general office space The model run results indicated that, of the three uses considered, the destination commercial use would result in less peak hour trip generation than potential office uses and that destination commercial would result in the least number of new trips in the peak direction of travel. From the perspective of developing the Drive-In site with either commercial or office/R&D uses, the destination commercial use would have less traffic impacts and therefore, was considered to be the preferred alternative among those uses. The city's 1990 traffic analysis also provided trip generation date for alternative residential development densities at the site, as compared to the trip generation rates for the alternative uses. Following is a discussion on the relative merits and drawbacks to the land use alternative for the Drive- In site. a. Residential. Although the trip generation rates are lower for residential uses than for commercial or office uses, 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 at the Drive-In site would not be compatible with the elevated noise levels generated from SR-17 traffic, and marketing a residential development on the site 1030C7 .PSO -37- ~ . .. 1 would be difficult, qiven its access throuqh and proximity to the MCGlincey industrial area. b. Industrial/Residential and DeveloDment. The Drive-In site's General Plan and zoninq desiqnations were Industrial prior to a General Plan Amendment chanqe to commercial in 1990. Although they do not require the same amount of city services as residential uses, industrial uses do not typically produce substantial City revenues. In addition, industrial/R&D uses would qenerate significant vehicular trips during both the AM and PM peak periods. c. Commercial. Most commercial uses provide considerable City tax revenues, primarily obtained through the sales tax. Traffic impacts will vary accordinq to the type of commercial use proposed. General Commercial uses include the typical retail shopping centers and/or services. Destination commercial uses depend on the pUblic's knowledge of their location through marketing efforts, repeat shopping and word-of- mouth. Destination commercial uses tend to concentrate traffic during Off-peak periods and on the weekends, and have the added advantage that they do not produce traffic during the AM peak period. General commercial sues were considered by the City to be unfeasible for the Drive-In site because of its lack of visibility and access from major streets. d. .f.A1.:k. During the public scoping meetings of the DEIR, several comments from nearby residents suggested the City consider a park/open space use for the Drive-In site. In June 1990, the Cambrian Community Council also recommended that a park be considered for the Drive-In site as part of a mixed use project. While a park use would generate less traffic than the destination commercial use, a park use would be susceptible to the same negative effects as a residential use at the Drive-In site, i.e., traffic noise and air quality impacts from proximity to SR-17. In addition, the site 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. For these reasons, a park use is not considered feasible at the Drive-In site. Development of the Drive-In site with a park use also would not achieve the objectives of the Amended Plan; if the park were publicly owned and operated by the City, no revenues or tax increments would be achieved, thereby limiting the other improvements the City could perform in the remainder of the Expansion Area. 1030C7 .PSO -38- , I " .j '. .. . VZZZ. 8TATBKBBT OP OVBRRZDZBG COBSZDBRATZOBS A. %BTRODOCT%OB The City Council and Agency have fully considered the discussion and analyses in the Record regarding the environmental impacts, socioeconomic effects, cumulative impacts, growth- inducing impacts, and irreversible and irretrievable commitments of resources. The City Council and Agency find that the programs and activities of the Amended Plan will provide numerous economic, social, environmental and other benefits to the Project Area, and to the City of' Campbell, which override any unavoidable significant adverse impacts of adoption and implementation of the Amended Plan. The City Council further finds that the alternatives to the Amended Plan set forth in the DEIR and summarized in Section VII of this Exhibit B are infeasible because such alternatives would limit the social, economic and other benefits of Amended Plan adoption and implementation which are described below, and are therefore outweighed by them. B. SPECZPZC BENEFZTS OF &XENDED PLAN ADOPTIOB AND IXPLBKEN'l'ATZOB 1. S~DDort for Economic Revitalization. The City Council and Agency find that adoption and implementation of the Amended Plan, in combination with the mitigation measures adopted in this Exhibit B, will contribute to the physical and economic revitalization of the commercial and industrial areas in the Project Area, which currently suffer from underutilization, and to the location of new commercial and industrial uses within the Project Area (with particular reference to the Expansion Area). The revitalization of the commercial and industrial areas and location of new commercial and industrial uses within the Project Area will benefit the Project Area and the City by providing employment opportunities, increased economic vitality, and shopping opportunities for Project Area and City residents, and will contribute to the appropriate balance between jObs and housing in Campbell. 2. Ensurina that CUrrent Residents and Existinq Business Benefit From Revitalization. The City Council and Agency find that adoption and implementation of the Amended Plan, in combination with the mitigation measures adopted in this Exhibit B, will contribute to ensuring that current residents and existing businesses in the Project Area benefit from revitalization of the Project Area pursuant to the Amended Plan. 1030C7 .P5O -39- j . 3. Elimination of Bliahtina Influences and Conditions. The City Council and Agency find that adoption and implementation of the Amended Plan, in combination with the mitigation measures adopted in this Exhibit B, will contribute to the elimination of blighting influences and conditions that persist in the Project Area, including, but not limited to, commercial and residential structures which are deteriorating or dilapidated, obsolete or inappropriate land uses, instability of land use patterns, overcrowding, defective design and construction of residential and commercial structures, crime, deficient parcelization in commercial and industrial areas, lack of adequate public facilities and infrastructure, impaired investment and socioeconomic maladjustment. 4. Exoansion and Preservation of Affordable. Qualitv Housing. The City Council and Agency find that adoption and implementation of the Amended Plan, in combination with the mitigation measures adopted in this Exhibit B, will contribute to expansion and preservation of decent, safe and sanitary affordable housing. The Amended Plan programs include the use of tax increment revenue to fund assistance for construction of new rental housing units which must be affordable to persons and families of very low, low or moderate income; housing rehabilitation loans; and financial assistance for segments of the community with special housing needs. 5. provision of Fundina for Proarams. The City Council and Agency find that adoption and implementation of the Amended Plan will provide for continued collection of tax increment revenue, and utilization of such revenue within the Project Area, as authorized by the California Health and Safety Code. The provision of funding constitutes a benefit to the Project Area and to the City because it enables implementation of the beneficial programs and activities of the Amended Plan. C. COIfCLUSI Olf Based on the findings made in this Exhibit B, which findings require as a condition of project approval the implementation of the specified mitigation measures and monitoring programs, the finding is made that economic and social considerations outweigh the remaining unavoidable significant impacts of adoption and implementation of the Amended Plan. 1030C7 .PSG -40-