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PC Res 4403RESOLUTION NO. 4403 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL ADOPTING A MITIGATED NEGATIVE DECLARATION (PLN2017-154) FOR A TENTATIVE SUBDIVISION MAP (PLN2016-318), SITE AND ARCHITECTURAL REVIEW PERMIT (PLN2017-153), AND TREE REMOVAL PERMIT (PLN2017-155), ON PROPERTY LOCATED AT 1180 ABBOTT 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 Subdivision Map (PLN2016- 318), Site and Architectural Review Permit (PLN2017-153), and a Tree Removal Permit (PLN2017-155) to allow the development of seven units on property located at 1180 Abbott Avenue. The Planning Commission finds as follows with regard to recommended adoption of a Mitigated Negative Declaration (PLN2017-154): Environmental Finding 1. An Initial Study has been prepared for the project which provides documentation for the factual basis for concluding that a Mitigated Negative Declaration (PLN2017-154) 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 as conditioned. Evidentiary Findings 1. The proposed project ("project") includes a Tentative Subdivision Map to create seven residential lots (PLN2016-318), Site and Architectural Review Permit for each of the seven residential structures (PLN2017-153), a Tree Removal Permit to allow for the removal of three protected trees (PLN2017-155), and a Mitigated Negative Declaration to satisfy CEQA requirements (PLN2017-154). 2. The project site consists of an 88,446 square foot lot (gross site area) located on Abbott Avenue, east of Laurance Hill Court. Abutting land uses include single-family residences to the north, south, east, and west. 3. The site is currently developed with one single-family residence and several accessory structures that will be demolished as part of the project. 4. The subject parcel is zoned R-1-9 (Single Family Residential) as shown on the Campbell Zoning Map and designated Low Density Residential (<4.5 units/gr. acre) as shown on the Campbell General Plan Map. 5. The subject parcel is within the boundaries of the San Tomas Area Neighborhood Plan (STANP) Plan, as incorporated within the Campbell General Plan, Appendix A1. Planning Commission Resolution #4403 Page 2 of 3 PLN2017-1547 - 1180 Abbott Avenue adopting a Mitigated Negative Declaration 6. The proposed density of approximately 3.27 units per gross acre is consistent with the maximum density permitted by the Low Density Residential (< 4.5 units/gr. acre) General Plan land use designation. 7. On the basis of the Initial Study, and as supported by substantial evidence, the project will not have a significant effect on the environment due to the application of uniformly applicable development policies and incorporation of project-specific conditions of approval and mitigation measures. 8. The City of Campbell provided a Notice of Intent (NOI) to adopt a Mitigated Negative Declaration (MND) to the public via the Campbell Express, the County Clerk, and on the City website. The NOI included a 20-day public review period pursuant to the California Environmental Quality Act Guidelines. The 20-day public review period began on May 11, 2017 and the public was invited and encouraged to submit comments in writing regarding the draft MND and/or attend the June 27th Planning Commission Public Hearing. No comments have been received on the draft MND. 9. A draft Mitigation Monitoring and Reporting Program has been prepared demonstrating the responsible party and phase of the project that each Mitigation Measure shall be carried out. 10. The mitigation measures identified in the Mitigated Negative Declaration are included as Conditions of Approval for the Tentative Subdivision Map (PLN2016-318). Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 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 Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. 3. The Custodian 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 Street, Campbell, California. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission adopts a Mitigated Negative Declaration (PLN2017-154) (Exhibit "A") for a Tentative Subdivision Map (PLN2016-318), Site and Architectural Review Permit (PLN2017-153), and a Tree Removal Permit (PLN2017-155) to allow the development of seven units on property located at 1180 Abbott Avenue. Planning Commission Resolution #4403 Page 3 of 3 PLN2017-1547 - 1180 Abbott Avenue adopting a Mitigated Negative Declaration PASSED AND ADOPTED this 8th day of August, 2017, by the following roll call vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: Yvonne Kendall, Chai ATTEST: Paul Kermoyan, Secretary