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PC Res 4067RESOLUTION NO. 4067 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A MITIGATED NEGATIVE DECLARATION FOR A PLANNED DEVELOPMENT PROJECT PROPOSED FOR 125 S. SAN TOMAS AQUINO ROAD. APPLICATION OF ARCADIA HOMES, INC. FILE NOS.: PLN2011-255/256/257/258 & PLN2012-43/100. After notification and public hearing, as specified by law, and after presentation by the Community Development Director, proponents and opponents, the Planning Commission did determine that the adoption of a Mitigated Negative Declaration provides full and adequate environmental review for Approval of a Planned Development Permit (PLN2011- 255) with a Parking Modification Permit (PLN2012-43); a Vesting Tentative Subdivision Map (PLN2011-256); a Zoning Map Amendment (PLN2011-257); a General Plan Amendment (PLN2011-258); and a Tree Removal Permit (PLN2012-100) to allow the construction of 25-unit small-lot single-family subdivision property located at 125 S. San Tomas Aquino Road. Environmental Finding 1. An Initial Study has been prepared for the Project located at 125 S. San Tomas Aquino Drive, which provides documentation for the factual basis for concluding that a Mitigated Negative Declaration may be adopted since no substantial evidence exists, in light of the whole record, that the project may have a significant effect on the environment. The project consists of the development of twenty-five new small lot detached single family residences. Evidentiary Findings 2. The proposed project includes requests for a General Plan Land Use Amendment from Neighborhood Commercial to Low-Medium Density Residential (6-13 Units/Gr. Acre), a Zoning Map Amendment from C-1 (Neighborhood Commercial) to P-D (Planned Development), a Planned Development Permit, Tentative Subdivision Map, Parking Modification Permit, and Tree Removal Permit, to allow a development of a 25-unit small-lot single-family subdivision on property commonly known as 125 S. San Tomas Aquino Road. 3. The Mitigated Negative Declaration describes the reasons that the Project will not have a significant effect on the environment and therefore does not require the preparation of an Environmental Impact Report, pursuant to the California Environmental Quality Act Guidelines. 4. There are no responsible agencies or trustee agencies responsible for resources affected by the Project. Planning Commission Resolution No. 4067 PLN2011-255/256/257/258 & PLN2012-43/100 Recommending Adoption of a Mitigated Negative Declaration Page 2 5. The City of Campbell provided a Notice of Intent to adopt a Mitigated Negative Declaration to the public via the Campbell Express, the County Clerk, and on the City website. 6. The City of Campbell provided a 20-day public review period of the draft Mitigated Negative Declaration pursuant to the California Environmental Quality Act Guidelines. The 20-day public review period was between May 2, 2012 and May 22, 2012. 7. The mitigation measures identified in the Mitigated Negative Declaration are included as Conditions of Approval of the Planned Development Permit. 8. The Mitigated Negative Declaration reflects the independent judgment and analysis of the City Council upon recommendation of the Planning Commission. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required Conditions of Approval, will have a significant adverse impact on the environment. 2. The Custodian of the Record for the Mitigated Negative Declaration and Initial Study is the Community Development Department of the City of Campbell, located at 70 North First Street, Campbell, California. THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval of a Mitigated Negative Declaration (attached Exhibit "A") for a Planned Development project proposed for 125 S. San Tomas Aquino Road. PASSED AND ADOPTED this 22"d day of May, 2012, by the following roll call vote: AYES: Commissioners: Alster, Resnikoff, Reynolds and Roseberry NOES: Commissioners: None ABSENT: Commissioners: Brennan, Ebner and Gibbons ABSTAIN: Commissioners: None APPROVED: ~~ Theresa Alster, Chair ATTEST: Paul K oyan, Secretary