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CC Resolution 10211 RESOLUTION NO. 10211 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL ADOPTING A MITIGATED NEGATIVE DECLARATION FOR THE WATER TOWER PLACE PROJECT LOCATED AT 300 ORCHARD CITY DRIVE. 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: The City Council finds as follows with regard to the Mitigated Negative Declaration: 1. An Initial Study has been prepared for the Water Tower Place 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 a new four-story, 24 unit, residential condominium building. 2. The Mitigated Negative Declaration describes the reasons that the Water Tower Place 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 Water Tower Place 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 May 7,2003 and May 27, 2003. Comments were received from the Valley Transportation Authority (VTA). 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 10211 Adopting a Mitigated Negative Declaration for the Water Tower Place Project 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 15th day of July ,2003, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Watson,.Kennedy, Dean, Burr, Furtado None None None APPROh~~~~ Daniel E. Furtado, Mayor ATTEST: ~ Anne Bybee, City Clerk