PC Res 3562
RESOLUTION NO. 3562
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL ADOPTING A MITIGATED NEGATIVE
DECLARATION FOR THE PROJECT LOCATED AT 525 E.
HAMILTON AVENUE (KOHL'S/BREUNERS).
After notification and public hearing, as specified by law and after presentation by the
Community Development Director, proponents and opponents, the Planning Commission did
detennine that the adoption of a Mitigated Negative Declaration is warranted based upon the
following findings:
1. An Initial Study has been prepared for 525 E. Hamilton Avenue, 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
a two new commercial retail buildings, freeway oriented sign, sign program, removal of fifty-
three protected trees, and late night uses.
2. Fehr & Peers Transportation Consultants of San Jose, California prepared an Analysis of
Transportation Impacts to evaluate the potential traffic impacts of the project and found that
the proposed project would cause a less than significant traffic at the SR 17 SB off-
ramplHamilton Avenue intersection. Conditions of approval of the Site and Architectural
Review Pennit have been included to mitigate this impact.
3. The Mitigated Negative Declaration describes the reasons that 525 E. Hamilton Avenue 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
525 E. Hamilton Avenue.
5. The City of Campbell provided a Notice of Intent to adopt a Mitigated Negative Declaration
to the public via the Campbell Express and the County Clerk.
6. The City of Campbell provided a 20-day public review period ofthe draft Mitigated Negative
Declaration pursuant to the California Environmental Quality Act Guidelines. The 20-day
public review period was between March 23, 2004 and April 12, 2004.
7. The mitigation measures identified in the Mitigated Negative Declaration are included as
conditions of approval of the Site and Architectural Review Pennit.
8. The Mitigated Negative Declaration reflects the independent judgment and analysis of the
Planning Commission.
.. ,I
Planning Commission Resolution No. 3562
Adopting a Mitigated Negative Declaration
525 E. Hamilton Avenue (Kohl's/Breuners)
Page 2
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
City Clerk of the City of Campbell, located at 70 North First Street, Campbell, California.
PASSED AND ADOPTED this 27th day of April, 2004, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Alderete, Doorley, Francois, Rocha and Roseberry
Gibbons and Hernandez
None
None
ATTEST:
APPROVED:~~~
Ge~!je P.' oorle~