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PC Res 3660 RESOLUTION NO. 3660 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL ADOPTING A MITIGATED NEGATIVE DECLARATION FOR THE CULLEN DEMATTEI DEVELOPMENT, INC., PROJECT LOCATED AT 500 W. LATIMER 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. The Planning Commission finds as follows with regard to the Mitigated Negative Declaration: 1. An Initial Study has been prepared for the 500 W. Latimer Subdivision 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 creation of nine single-family residential lots and related public improvements for sidewalks and a cul-de-sac extension. 2. The Mitigated Negative Declaration describes the reasons the 500 W. Latimer Avenue Subdivision 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 (CEQA) Guidelines. 3. There are no responsible agencies or trustee agencies responsible for resources affected by the 500 W. Latimer Avenue 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 in compliance with all requirements of the CEQA Guidelines. 5. The City of Campbell provided a 20-day public review period of the draft Mitigated Negative Declaration pursuant to the CEQA Guidelines. The 20-day public review period was between June 7, 2005 and June 27,2005. No comments were received during this comment period. 6. The mitigation measures identified in the Mitigated Negative Declaration are included as conditions of approval of the Tentative Subdivision Map. 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: Planning Commission Resolution No. 3660 Adopting a Mitigated Negative Declaration for 500 W. Latimer Avenue Page 2 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 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 28th day of June, 2005, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Alderete, Doorley, Ebner, Francois and Roseberry Commissioners: Gibbons and Rocha Commissioners: None Commissioners: None APPROVE: {[. U4 b ~~ ATTEST: Sharon Fierro, Secretary