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CC Resolution 10477 RESOLUTION NO. 10477 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL ADOPTING A MITIGATED NEGATIVE DECLARATION FOR THE PROJECT LOCATED AT 1822 W. HACIENDA 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: The City Council finds as follows with regard to the Mitigated Negative Declaration: 1. An Initial Study has been prepared for the Hacienda Residential 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 eleven new two-story residential buildings. 2. The Mitigated Negative Declaration describes the reasons that the 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 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 January 25,2005 and February 14,2005. 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: City Council Resolution PLN2004-132 -- Adopting a Mitigated Negative Declaration - 1822 W. Hacienda 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 5th vote: day of April , 2005, by the following roll call AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: Burr, Hernandez, Furtado, Watson, Kennedy COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMEMBERS: None ATTEST: ~ Anne Bybee, City Clerk