PC Res 4132RESOLUTION NO. 4132
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL RECOMMENDING THE ADOPTION
OF A MITIGATED NEGATIVE DECLARATION FOR A PLANNED
DEVELOPMENT PERMIT (PLN2013-06), TENTATIVE VESTING
SUBDIVISION MAP (PLN2013-07) AND TREE REMOVAL
PERMIT (PLN2013-146) TO CONSTRUCT 18 RESIDENCES ON
PROPERTIES LOCATED AT 45-81 KENNEDY AVENUE.
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 (PLN2013-
06), Tentative 'Vesting Subdivision Map (PLN2013-07) and Tree Removal Permit
(PLN2013-146) to allow the construction of 18 residences on property located at 45-81
Kennedy Avenue.
The Planning Commission finds as follows with regard to the Mitigated Negative
Declaration:
Environmental Finding
1. An Initial Study has been prepared for the Kennedy Avenue Residential Development
project located at 45-81 Kennedy 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
eighteen residential units.
Evidentiary Findings
2. The proposed project includes a request for approval for a Planned Development
Permit to allow the eighteen unit residential development, a Tentative Vesting
Subdivision Map to create eighteen private residential lots and one common lot, and a
Tree Removal Permit for the removal of twelve protected trees.
3. The Mitigated Negative Declaration describes the reasons that the Kennedy Avenue
Residential Development 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.
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.
Planning Commission Resolution No. 4132
PLN2013-06/07/146 - 45-81 Kennedy Avenue
Recommending the Adoption of a Mitigated Negative Declaration
Page 2
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 January 7, 2014 and January 27, 2014.
7. The mitigatioin 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 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 City Clerk of the City of Campbell, located at 70 North First Street, Campbell,
California.
THEREFORE, BE IT RESOLVED that the Planning Commission recommends the
approval of a Mitigated Negative Declaration (attached Exhibit "A") fora Planned
Development Permit (PLN2013-06), Tentative Vesting Subdivision Map (PLN2013-07) and
Tree Removal Permit (PLN2013-146) to allow the construction of 18 residences on
property located at 45-81 Kennedy Avenue.
PASSED AND ADOPTED thi;
AYES: Commissioners:
NOES: Cornmissioners:
ABSENT: Commissioners:
ABSTAIN: Cornmissioners:
ATTEST:
28t" day of January, 2014, by the following roll call vote:
Dodd, Finch, Kendall, Resnikoff, Reynolds, Rich and
Roseberry
None
None
None
APPROVED: ~~ ~ ~1/
Paul Resnikoff, Chair
Paul Kerriioyan, Secretary