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PC Res 3592 RESOLUTION NO. 3592 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING ADOPTION OF A MITIGATED NEGATIVE DECLARATION FOR THE PROJECT LOCATED AT 175-201 E. CAMPBELL 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 is warranted based upon the following findings: 1. An Initial Study has been prepared for this Project, 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 a three- story mixed use building with 11,240 square feet of retail space, 4,898 square feet of retail mezzanine, and 22 residential condominiums. 2. A Trip Generation Analysis was prepared to evaluate the potential traffic impacts of the project and found that the proposed project will not cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system. Given the minor number of projected trips, the project will not exceed, either individually or cumulatively, a level of service standard established by the Congestion Management Program for designated roads or highways. 3. A Mitigated Negative Declaration that describes the reasons that the Downtown Mixed Use Project will not have a significant effect on the environment and therefore does not require the preparation of an Environmental Impact Report was prepared pursuant to Section 15071 of the California Environmental Quality Act Guidelines. 4. There are no responsible agencies or trustee agencies responsible for resources affected by this 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. 6. The City of Campbell provided a 20-day public review period of the Mitigated Negative Declaration pursuant to Section 15073 of the California Environmental Quality Act Guidelines. The 20-day public review period for the draft Mitigated Negative Declaration was between August 25,2004 and September 14,2004. No comments were received. 7. The mitigation measures address potential short-term air quality impacts associated with construction, paleontological or archaeological resources that might be encountered during project construction, strong seismic ground shaking associated with potential geologic impacts, and potential noise impacts during project construction. The mitigation measures are Planning Commission Resolution No. 3592 Recommending Adoption of a Mitigated Negative Declaration -- 175-201 E. Campbell Avenue Page 2 included as Conditions of Approval of the Planned Development Permit and Tentative Subdivision Map. 8. The Planning Commission hereby finds and determines that the Mitigated Negative Declaration reflects the independent judgment 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 this Mitigated Negative Declaration and Initial Study is the City Clerk of the City of Campbell, located at 70 North First Street, Campbell, California. PASSED AND ADOPTED this 26th day of October, 2004, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Doorley, Francois, Hernandez, Rocha and Roseberry None Alderete Gibbons APPROVED ATTEST: ,~~ Sharon Fierro, Secretary