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CC Resolution 8321 RESOLUTION NO. 837.1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL ADOPTING WRITTEN FINDINGS AND RESPONSES TO WRITTEN COMMENTS OR OBJECTIONS RECEIVED IN CONNECTION WITH CONSIDERATION OF THE SECOND AMENDED AND RESTATED CENTRAL CAMPBELL REDEVELOPMENT PLAN IN ACCORDANCE WITH THE PROVISIONS OF HEALTH AND SAFETY CODE SECTION 33363 WHEREAS, the City of campbell Redevelopment Agency (the "Agency") has prepared and submitted to the City Council of the City of Campbell (the "City Council"), for the City Council's consideration, the Second Amended and Restated Central Campbell Redevelopment Plan (the "Amended Plan"); and WHEREAS, in connection with consideration of the Amended Plan, the City Council and the Agency conducted and completed a duly noticed public hearing on May 5, 1992 pursuant to the requirements of Health and Safety Code Section 33355; and WHEREAS, at or prior to the joint public hearing, the City Council and the Agency received certain written comments or objections to the Amended Plan, which written comments or objections are set forth in Part II of that certain document entitled "Second Amended and Restated Central Campbell Redevelopment Plan: Written Findings and Responses Pursuant to Health and Safety Code Section 33363", which document is attached to this Resolution as Exhibit A, incorporated herein by this reference, and hereinafter referred to as the "Findings"; and WHEREAS, Part III of the Findings contains the City council's and Agency's written findings and responses to the above described written comments or objections, which written findings and responses have been prepared and considered by the City Council and the Agency in connection with consideration of adoption of the Amended Plan, all in accordance with the provisions of Health and Safety Code Section 33363. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby finds and certifies that the Findings have been prepared in compliance with the provisions of Health and Safety Code Section 33363; that the Findings adequately address the written comments or objections received by the City Council and the Agency in connection with the Amended Plan; and that the City Council has reviewed and considered the information contained in the Findings prior to approving the Amended Plan. BE IT FURTHER RESOLVED that the Findings set forth in the attached Exhibit A are hereby approved and adopted as, and shall constitute, the written findings and responses of the City 103OCR.PSO -1- council with respect to the Amended Plan required by Health and Safety Code section 33363. Passed and adopted this 2nd day of June, 1992 by the following roll call vote: AYES: COUNCILMEMBERS: Kotowski, Conant, Ashworth, Watson, Burr NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None APPROVED: ~~~ ALD R. BURR, MAYOR l03OCR.PSO -2- EXHIBIT A SECOND AMENDED AND RESTATED CENTRAL CAMPBELL REDEVELOPMENT PLAN WRITTEN FINDINGS AND RESPONSES PURSUANT TO HEALTH AND SAFETY CODE SECTION 33363 City Council of the City of Campbell June 2, 1992 I. PURPOSE The city of Campbell Redevelopment Agency (the "Agency") has prepared, and the City Council of the City of Campbell (the "City Council") is considering for adoption, the Second Amended and Restated Central campbell Redevelopment Plan (the "Amended Plan"). On May 5, 1992, the Agency and the City Council conducted and completed a duly noticed joint public hearing on the Amended Plan in accordance with the requirements of Health and Safety Code Sections 33355 and 33361. At or prior to the joint public hearing, the Agency and the City Council received certain written comments or objections to the Amended Plan. Those written comments or objections are set forth in Part II of this document. Health and Safety Code section 33363 states: At the hour set in the notice required by Section 33361 for hearing objections, the legislative body shall proceed to hear all written and oral objections. Before adopting the Amended Plan, the legislative body shall evaluate the report of the Agency, the report and recommendation of the Planning Commission, and all evidence and testimony for and against the adoption of the Amended Plan and shall make written findings in response to each written objection of an affected property owner or taxing entity. The legislative body shall respond in writing to the written objections received before or at the noticed hearing, including any extensions thereof, and may additionally respond to written objections that are received after the hearing. The written responses shall describe the disposition of the issues raised. The legislative body shall address the written objections in detail, giving reasons for not accepting specified objections and suggestions. The legislative body shall include a good-faith, reasoned analysis in its response and, for this purpose, conclusionary statements unsupported by factual information shall not suffice. This document constitutes the written findings and responses of the City Council, as the legislative body of the City of Campbell, prepared and adopted in accordance with the requirements of Health and Safety Code section 33363. Specifically, Part III below contains the City Council's written findings and responses to the various written comments or objections set forth in Part II. Each substantive comment or objection in Part II has been assigned a reference identification number in the margin next to l03OCM.PSO -1- the comment or objection. The City Council's written findings and responses to each substantive comment or objection are set forth and organized in Part III according to those reference identification numbers. These findings incorporate other documents which are part of the record of adoption of the Amended Plan. These documents are listed below and are incorporated within these findings as supporting evidence by this and subsequent references: A. F. I03OCM.PSO The Amended Plan; B. The Preliminary 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 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"); The resolution adopted June 2, 1992 (including attached Exhibits) entitled: "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" (the "Concurrent CEQA Resolution"); D. E. The Final Environmental Impact Report ("FEIR") prepared for the Amended Plan, consisting of: (1) the Draft EIR ("DEIR"), and (2) the Responses to Comments on the DEIR ("Responses to Comments"), and (3) the additional mitigations and analysis set forth in Exhibit A of the Concurrent CEQA Resolution; The original Central Campbell Redevelopment Plan and the First Amended and Restated Central Campbell Redevelopment Plan; -2- 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 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, and prior resolutions and ordinances of the Agency and the City. II. WRITTEN COMMENTS AND OBJECTIONS Written comments or objections to the Amended Plan were received directly by the City or Agency from the following person: Steve U1ett, Chair of the Cambrian Community Council, April 10, 1992 The letter containing Mr. U1ett's written comments is set forth in its entirety as Appendix 1 to this Exhibit A. In addition, several letters of comment were received by the City and the Agency regarding the DEIR during the comment period on the DEIR. These comments have been responded to and disposed of in the Responses to Comments. Those responses are hereby adopted by the City Council; constitute the City Council's responses to the DEIR comment letters; and are incorporated by reference in these findings. certain communications were received from various taxing agencies as part of the fiscal review process for the Amended Plan conducted pursuant to Health and Safety Code section 33353 et~. Those communications were contained in the fiscal review committee report of January 23, 1992, and were responded to in writing by the Agency by response letter of February 21, 1992, as required by Health and Safety Code Section 33353.7. The fiscal review committee report (contained in section XIII of the Report on the Amended Plan), and the Agency's response (contained in section XV of the Report on the Amended Plan) are hereby adopted by and constitute the City Council's response to those taxing agency communications for purposes of Health and Safety Code section 33363, and are incorporated by reference in these findings. Finally, representatives of certain taxing agencies submitted an additional communication in draft form. The draft I03OCM.PSO -3- communication was subsequently withdrawn in writing by those affected taxing agencies with the agreement that such communication did not constitute a communication requiring a written response pursuant to Health and Safety Code section 33363. III. WRITTEN FINDINGS AND RESPONSE OF CITY COUNCIL A. Letter from steve Ulett, Chair of the Cambrian community Council, dated April 10, 1992. COMMENT A-l Comment: The commenter supports insertion of a mitigation measure regarding the winchester Drive-In site into the FEIR and the certifying resolution. ReSDonse: The City Council concurs with the proposed mitigation measure and has incorporated the mitigation measure into both the Concurrent CEQA Resolution and into the FEIR (pursuant to Exhibit A of the Concurrent CEQA Resolution). Finding. Based on the foregoing, the City Council finds and determines that it has implemented the recommendation of the commenter. COMMENT A-2 Comment: The commenter states that the Level of Service (LOS) at the San Tomas off-ramp from southbound Highway 17 should be shown in the FEIR as LOS F (not C), and states the belief that such LOS F cannot be mitigated without major reconstruction of the relevant Highway 17 overpass. Res~onse: The program used to calculate LOS in the DEIR was the program required by the Santa Clara County Congestion Management Agency (the "CMA") called CAPPSI. This program has several built-in assumptions that cause it to miscalculate existing conditions, but it was used because it is required in all CMA traffic studies. The City concurs that LOS is "F" using actual observations. The City has development improvement plans that show how the entire interchange can be modified to provide LOS D to E operation, and the City and Santa Clara County are currently designing these improvements. Based on the improvement plans and design work, it is apparent that reconstruction of the overpass is not required to achieve greatly improved levels of service. l03OCM.PSO -4- Findina: Based on the foregoing, the city Council finds using the CAPPSI program as required by the CMA, LOS is "c" as stated in the DEIR. However, based on actual observations the actual LOS is "F". This analysis has been added to the FEIR pursuant to Exhibit A of the Concurrent CEQA Resolution. Furthermore, based on the foregoing, the City Council finds that LOS "F" can be mitigated without major reconstruction of the overpass. On this basis, the objection regarding reconstruction of the overpass set forth in A-2 is respectfully overruled. COMMENT A-3 Comment: The commenter recommends that the FEIR include a brief description of the program requirements developed by the Santa Clara County Congestion Management Agency. ReSDonse: The CMA does have a land use monitoring program. This program is essentially a reporting process by all member jurisdictions. The FEIR will be reported to CMA within 30 days of its being certified. In addition, adjacent jurisdictions are also notified by the City of Campbell for any developments reported in this manner. Therefore, Campbell may be required to notify San Jose and Los Gatos in many situations, and in special instances, Campbell may 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 member 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's 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. l03OCM.PSO -5- Finding: Based on the commenter's recommendation, the foregoing response and analysis has been incorporated in the FEIR pursuant to Exhibit A of the Concurrent CEQA Resolution. 103~.PSO -6-