PC Res 3607
RESOLUTION NO. 3607
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL RECOMMENDING ADOPTION OF A
MITIGATED. NEGATIVE DECLARATION FOR THE PROJECT
LOCATED AT 121-133 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 is warranted based upon the
following findings:
1. An Initial Study has been prepared for the Kennedy Manor project located at 121-133
Kennedy A venue, 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 construction of eight small-lot single-family homes and the removal of
seven protected trees.
2. The Mitigated Negative Declaration describes the reasons that the Kennedy Manor 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.
3. There are no responsible agencies or trustee agencies responsible for resources affected by
the Kennedy Manor Project.
4. 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.
5. 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 October 20, 2004 and November 8, 2004.
6. The mitigation measures identified in the Mitigated Negative Declaration are included as
conditions of approval of the Planned Development Permit.
7. 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.
Planning Commission Resolution No. 3607
Recommending Adoption of a Mitigated Negative Declaration - 121-133 Kennedy Avenue
Page 2
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.
PASSED AND ADOPTED this 9th day of November, 2004, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Doorley, Francois, Gibbons, Hernandez and Roseberry
None
Alderete
Rocha
ATTEST: ~ ~
./ Sharon Fierro, Secretary
APPROVED: C
Ge 'ge P. "Doorley, Chair