CC Resolution 11643RESOLUTION NO. 11643
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAMPBELL ADOPTING A MITIGATED NEGATIVE
DECLARATION FOR A PLANNED DEVELOPMENT PERMIT
WITH A PARKING MODIFICATION (PLN2013-06), TENTATIVE
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 City Council did
determine that the adoption of a Mitigated Negative Declaration provides full and adequate
erivironmental review for approval of a Planned Development Permit with a Parking
Modification (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 City Council 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 iricludes a request for approval for a Planned Development
Permit with a Parking Modification 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.
City Council Resolution
PLN2013-06/07/146 - 45-81 Kennedy Avenue
Adopting 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 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 Planning Commission.
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, 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 City Council adopts a Mitigated Negative
Declaration (attached Exhibit "A") fora Planned Development Permit with a Parking
Modification (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 this iatb day of February , 2014, by the following roll call
vote:
AYES: COUnCIlmemberS: saker, Low, Kotowski, Cristina, Waterman ,
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
APPROVED :
Richard M. Waterman, Mayor
ATTEST: "'~'•'~/~ ° - -" '-
Anne Bybee, City Clerk