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CC Resolution 11630RESOLUTION NO. 11630 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A NEGATIVE DECLARATION FOR A TEXT AMENDMENT (PLN2012-183) TO AMEND THE CAMPBELL MUNICIPAL CODE, (CHAPTER 21.10 - COMMERCIAL AND INDUSTRIAL USES) TO IDENTIFY ANCILLARY RETAIL OPERATIONS AS CONDITIONALLY PERMITTED USES WITHN THE M-1 (LIGHT INDUSTRIAL) ZONING DISTRICT. After notification and public hearing, as specified by law, and after presentation by the Community Development Director, proponents and opponents, the City Council did determine that the adoption of a Negative Declaration provides full and adequate environmental review for approval of a text amendment to revise City parking requirements and related standards. Environmental Finding 1. An Initial Study has been prepared by the City for this project which provides documentation for the factual basis for concluding that a 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. Evidentiary Findings 1. The project consists of a Text Amendment pertaining to Chapter 21.10 (Commercial and Industrial Uses) in order to identify ancillary retail operation as a Conditionally Permitted Use within the M-1 (Light Industrial) Zoning District. 2. The Negative Declaration describes the reasons that the proposed Text Amendment 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. 3. There are no responsible agencies or trustee agencies responsible for resources affected by the text amendment project. 4. The City of Campbell provided a Notice of Intent to adopt a Negative Declaration to the public via the Campbell Express and the County Clerk. 5. The City of Campbell provided a 20-day public review period of the draft Negative Declaration pursuant to the California Environmental Quality Act Guidelines. The 20-day public review period was between November 15, 2013, and December 5, 2013. 6. The Negative Declaration reflects the independent judgment and analysis of the City Council. v~ City Council Resolution PLN2012-183 - Adopting a Negative Declaration Page 2 Based upon the foregoing findings of fact, the City Council 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 will have a significant adverse impact on the environment. 2. The Custodian of the Record for the Negative Declaration and Initial Study is the City Clerk of the City of Campbell, located at 70 North First Street, Campbell, California. THEREFORE, BE IT RESOLVED that the City Council adopts the Negative Declaration prepared for the project described herein, as set forth as Exhibit A. PASSED AND ADOPTED this 7`h day of January, 2014, by the following roll call vote: AYES: COUNCILMEMBERS: Baker, Low, xotowski, Cristina, Waterman NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None APPROVED: Ric and M. Waterman, Mayor ATTEST: Anne Bybee, City Clerk OF . CpM Exhibit A ~~~ new V r 0 0 x f ~ L •~RCH AR~• DRAFT NEGATIVE DECLARATION The Community Development Director has reviewed the proposed project described below to determine whether it could have a significant effect on the environment as a result of the project completion. "Significant effect on the environmenC' means a substantial, or potentially substantial, adverse change in any of the physical conditions within the area affected by the project including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance. Project Title: City of Campbell Zoning Code Text Amendment- Ancillary Retail Operations as Conditionally Permitted Uses within the M-1 Zoning District. Project Location: M-1 (Light Industrial) Zone District Name and Address of Project Proponent: City of Campbell 70 N. First St. Campbell, CA 95008 r~ ~p.~• + Lead Agency Name add Address: City of Campbell Community Development Department 70 N. First St. Campbell, CA 95008 Contact Person and Phone Number: Steve Prosser, Associate Planner (408) 866-2140 Zoning Designation: M-1 (Light Industrial) General Plan Designation: Light Industrial Project Description: The project involves the adoption and codification of Zoning Code Text Amendment moditication of Zoning Code Section 21.10.080 M-1 (Light Industrial) Zoning District to allow ancillary retail operations as Conditionally Permitted Uses within [he identified Zoning District. Project Location and Setting: The Zoning Code Text Amendment would serve to clarify operational standards and implement provisions found within the M-1 (Light Industrial) Zoning District within the City of Campbell. The City of Campbell is located approximately 50 miles south of San Francisco in Santa Clara County, one of the nine Counties that make up the region known as the San Francisco Bay Area (ref. Figure 1). The City occupies over six square miles of relatively flat land that slopes gently Draft Negative Declaration City of Campbell Zoning Code Teat Amendment- M-1 (Light Industrial) Zone District toward the south end of the San Francisco Bay. Campbell is bounded on the north, east and west by the City of San Jose and on the south by the Town of Los Gatos. A small portion of Campbell's southwestern boundary is adjacent to the City of Saratoga. The City of Campbell has three geographical areas designated as M=1 zoning District. The M-I Zoning District areas include Dell Avenue north of E. Hacienda Avenue, E. Sunnyoaks, McGlincy Lane, Cristich Lane, multiple side streets that intersect McGlincey Lane, and a portion of White Oaks Avenue (ref. Figure 2). The General Plan Designation for the M-1 Zoning District is Light Industrial. Pursuant to the General Plan, the Light Industrial ]and use designation is intended to provide and protect industrial lands for a wide range of light manufacturing, industrial processing, general service, warehousing, storage and distribution, and service contrnercial uses, such as automobi]e repair facilities. Industries producing substantial amounts of hazardous waste or odor or other pollutants are not pennitted. Business service commercial uses srrch as food services or office supply would be allowed as ancillary uses, subject to appropriate standards. The City of Campbell Municipal Code Subsection 21.10.080(B) lists the pennitted land uses allowed within the M-I Zone District including, but riot limited to: business support service; professional office; printing and publishing; repair and maintenance of consumer products; research and developrnent; warehousing; wholesale distribution facility; and a the manufacturing of a variety of products. Subsection 21.10.080(C) lists the land uses that may be established upon approval of a Conditional Use Permit within the M-1 Zone District including, but not limited to: ancillary retail uses serving industrial uses; building materials stores/yards; cat and dog daycare facilities; health/fitness centers; a variety of motor vehicle associated uses; restaurants or cafes; towing services; and, veterinary' clinics and anirnal hospitals. Finding: The Community Development Director finds that the project described above will not have a significant effect on the environment. The attached Initial Study does not identify any potentially significant impacts on the environment. Protest of the draft Negative Declaration: Any person may file a written protest of the draft Negative Declaration before 5:00 p.m. on December 4, 2013. Such protest must be filed at the Community Development Department, City Hall, 70 North First Street, Campbell, California. The written protest should make a "fair argument" that the project will have one or.more significant effects on the environment based on substantial evidence. Drafr Negative Declaration City of Campbell Zoning Code Text Amendment- M-I (Light Indushial) Zone District Page 3 of 3 l (y 3 ~lL.nyc_~i- D.~~/~~~ Steve Prosser Jr Associate Planner TITLE Community Development Director TITLE City of Campbell NAME OF LEAD AGENCY