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CC Resolution 10571 RESOLUTION NO. 10571 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING THE ADOPTION OF A MITIGATED NEGATIVE DECLARATION FOR THE SUNNYSIDE AVENUE SMALL-LOT HOMES PROJECT LOCATED AT 68 SUNNYSIDE 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. The City Council finds as follows with regard to the Mitigated Negative Declaration: 1. An Initial Study has been prepared for the Sunnyside Avenue Small-Lot Homes 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 removal of a home on the City's 1984 Historic Resources Inventory, the creation of four lots and one common lot, and the construction of four new small-lot single family homes. 2. The Mitigated Negative Declaration describes the reasons the Sunnyside Avenue Small-Lot Homes 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 Sunnyside Avenue Small-Lot Homes 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 July 27, 2005 and August 15, 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 Planned Development Permit. 7. The Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. //"""""" """"""""""",....""". City Council Resolution Adopting a Mitigated Negative Declaration-68 Sunnyside Avenue Page 2 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 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 roll call vote: 20th day of September , 2005, by the following AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Burr, Hernandez, Furtado, Watson, Kennedy None None ATTEST: ~~ Anne Bybee, City Clerk 4-