CC Resolution 10414
RESOLUTION NO.
10414
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL ADOPTING 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 City Council 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
City Council Resolution
Adopting 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 City Council hereby finds and determines that the Mitigated Negative Declaration
reflects the independent judgment of the City Council.
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 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 16th
vote:
day of November, 2004, by the following roll call
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBER:
COUNCILMEMBER:
COUNCILMEMBER:
COUNCILMEMBER:
Furtado, Watson, Dean, Kennedy, Burr
None
None
None
ATTEST:
APPROVE~ ~-~r- (;;~ ~ ---
Donald R. Burr, Mayor
tZ-~
Anne Bybee, City Clerk