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CC Resolution 10587 RESOLUTION NO. BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL ADOPTS A MITIGATED NEGATIVE DECLARATION FOR THE CHARITIES HOUSING, INC., AND SANTA CLARA VALLEY WATER DISTRICT PROJECT LOCATED AT 511 AND 555 W. CAMPBELL AVENUE. 10587 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 City Council finds as follows with regard to the Mitigated Negative Declaration: 1. An Initial Study has been prepared for this 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 twenty-four attached townhomes, sixteen detach small lot single- family residences, three extraction well buildings and related circulation and landscaping improvements. 2. A Trip Generation Analysis was prepared to evaluate the potential traffic impacts of the project and found that the proposed project will not cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system. Given the minor number of projected trips, the project will not exceed, either individually or cumulatively, a level of service standard established by the Congestion Management Program for designated roads or highways. 3. A Mitigated Negative Declaration that describes the reasons that the Charities Housing Project will not have a significant effect on the environment and therefore does not require the preparation of an Environmental Impact Report was prepared pursuant to Section 15071 of the California Environmental Quality Act Guidelines. 4. There are no responsible agencies or trustee agencies responsible for resources affected by this project. 5. 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. 6. The City of Campbell provided a 20-day public review period of the Mitigated Negative Declaration pursuant to Section 15073 of the California Environmental Quality Act Guidelines. The 20-day public review period for the draft Mitigated Negative Declaration was between September 14, 2005 and October 4, 2005. No comments were received. City Council Resolution Adopting a Mitigated Negative Declaration -- 511 & 555 W. Campbell Avenue Page 2 7. The mitigation measures address potential short-term air quality impacts associated with construction, paleontological or archaeological resources that might be encountered during project construction, strong seismic ground shaking associated with potential geologic conditions, and potential noise impacts during and project construction. The mitigation measures are included as Conditions of Approval of the Planned Development Permit and Tentative Subdivision Map. 8. The Planning Commission hereby finds and determines that the Mitigated Negative Declaration reflects the independent judgment 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. 2. The Custodian of the Record for this 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: 1st day of November , 2005, by the following AYES: NOES: ABSENT: ABSTAIN : COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Burr, Hernandez, Furtado, Watson, Kennedy None None None ATTEST: æ4t~ Anne Bybee, City Clerk