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CC Resolution 10307 RESOLUTION NO. 1.0307 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL ADOPTING A NEGATIVE DECLARATION FOR THE CITY OF CAMPBELL ZONING CODE UPDATE (TITLE 21 - CAMPBELL MUNICIPAL CODE). 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 Negative Declaration is warranted based upon the following findings: 1. An Initial Study has been prepared for the Zoning Code Update, which provides documentation for the factual basis for concluding that a 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 a comprehensive revision of the City's Zoning Code. 2. The Zoning Code Update incorporates many of the ordinance changes called for in the Campbell General Plan. 3. A Negative Declaration that describes the reasons that the Zoning Code Update 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. 4. There are no responsible agencies or trustee agencies responsible for resources affected by the Zoning Code Update. 5. The City of Campbell provided a Notice of Intent to adopt a 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 Negative Declaration pursuant to Section 15073 of the California Environmental Quality Act Guidelines. The 20- day public review period for the draft Negative Declaration was between January 21, 2004 and February 9, 2004. No comments were received. 7. The Planning Commission determined that the Negative Declaration reflects the independent judgment of the Planning Commission. 8. The City Council held a public hearing and considered all the evidence in the record. 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, will have a significant adverse impact on the environment and the City Council adopts the Negative Declaration pursuant to CEQA. City Council Resolution Adopting a Negative Declaration for the Zoning Code Update Page 2 2. The Custodian of the Record for this Negative Declaration and Initial Study is the Community Development Department of the City of Campbell, located at 70 North First Street, Campbell, California. PASSED AND ADOPTED this 16th call vote: day of March , 2004, by the following roll AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Furtado, Watson, Kennedy, Burr Dean None None ATIEST: ~ Anne Bybee, City Clerk ~~ APPROVED: ,- Donald R. Burr, Mayor