CC Resolution 10441
RESOLUTION NO.
10441
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL APPROVING THE ADOPTION OF A MITIGATED
NEGATIVE DECLARATION FOR THE PROJECT LOCATED AT 16201
& 16239 E. MOZART 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 the Classics at East Mozart Avenue 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 of24 new single-family homes and a private street.
2. The Mitigated Negative Declaration describes the reasons the Classics at East Mozart
Avenue Proj ect 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 Classics at East Mozart 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 September 29, 2004 and October 18, 2004. Comments were received from the
Valley Transportation Authority (VT A).
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 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.
City Council Resolution
Approving the Adoption of a Mitigated Negative Declaration-1 6201 & 16239 E. Mozart Ave.
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 J!L day of
January
, 2005, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Hernandez, Furtado, Watson, Kennedy
none
Burr
ATTEST:
~
Anne Bybee, City Clerk