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PC Res 4136RESOLUTION NO. 4136 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL ADOPTING A MITIGATED NEGATIVE DECLARATION FOR A TENTATIVE VESTING SUBDIVISION MAP (PLN2013-43) TO CREATE NINE NEW SINGLE-FAMILY RESIDENTIAL LOTS ON PROPERTY LOCATED AT 1411 & 1421 WESTMONT 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 Tentative Vesting Subdivision Map (PLN2013-43) to allow the creation of nine single-family residential parcels on property located at 1411 & 1421 Westmont Avenue. The Planning Commission finds as follows with regard to the Mitigated Negative Declaration for a Tentative Vesting Subdivision Map (PLN2013-43): 1. The proposE~d project includes an application for a Tentative Vesting Subdivision Map to allow anine-lot conforming single-family residential subdivision on property located at 1411 and 1421 Westmont Avenue. 2. An Initial Study has been prepared for the Project located at 1411 and 1421 Westmont 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 environmenl:. 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 rio 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 11o 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 January 7, 2014 to January 27, 2014. 7. The mitigation measures identified in the Mitigated Negative Declaration are included as Conditions of Approval. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: Planning Commission Resolution No. 4136 PLN2013-43 - Adopting a Mitigated Negative Declaration - 1411 & 1421 Westmont Avenue Page 2 8. The Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. 9. 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. 10. The Custodiian 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 :itreet, Campbell, California. THEREFORE, BE IT RESOLVED that the Planning Commission grants a Mitigated Negative Declaration (attached Exhibit "A") for a Tentative Vesting Subdivision Map (PLN2013-43) to create nine new single-family residential parcels on property located at 1411 8~ 1421 Westmont Avenue. PASSED AND ADOPTED this 28t" day of January, 2014, by the following roll call vote: AYES: Cornmissioners: Dodd, Finch, Kendall, Resnikoff, Reynolds, and Rich NOES: Cornmissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: Roseberry APPROVED: ~~°"~ ~ ~ /^~ Paul Resnikoff, Chai / ~ ~, ~/ ; ATTEST: / _ Paul K:erm an, Secretary