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PC Res 3811 RESOLUTION NO. 3811 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING THAT THE CITY COUNCIL FIND THAT THE PRIOR ADOPTION OF A MITIGATED NEGATIVE DECLARATION PREPARED FOR THE REINSTATEMENT AND EXTENSION OF APPROVAL (PLN2005-155) PROVIDES FULL AND ADEQUATE ENVIRONMENTAL REVIEW FOR APPROVAL OF A PLANNED DEVELOPMENT PERMIT TO ALLOW THE DEVELOPMENT OF A 162-ROOM HOTEL (PLN2006-179). 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 prior adoption of a Mitigated Negative Declaration prepared for the Reinstatement and Extension of Approval provides full and adequate environmental review for Approval of a Planned Development Permit to allow the development of a 162-room hotel (PLN2006-179). The Planning Commission finds as follows: 1. An Initial Study was prepared for the Creekside Center project located at 649 Creekside Way, which provided documentation for the factual basis for concluding that a Mitigated Negative Declaration was adopted since no substantial evidence exists, in light of the whole record, that the project as conditioned may have a significant effect on the environment. The current project consists of the development of a 162 room hotel, where a 210 room hotel was previously analyzed. 2. Pursuant to CEQA guidelines section 15162, the previous Mitigated Negative Declaration contains full and adequate review for the 210 room hotel where a 162 room hotel is now proposed. 3. The Mitigated Negative Declaration described the reasons that the Creekside Center 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. 4. No substantial changes are proposed in the revised hotel design which will require revisions of the previous Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in severity of previously mitigated potential impacts. 5. No substantial changes have occurred with respect to the circumstances under which the hotel revisions are undertaken which will require revisions to the previous Mitigated Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in severity of previously mitigated potential impacts. Planning Commission Resolution No. 3811 Recommending Acceptance of the Prior Mitigated Negative Declaration dated 9/1/2006 PLN2006-179 and PLN2007-78 - 649-655 Creekside Way Page 2 6. There are no responsible agencies or trustee agencies responsible for resources affected by the Creekside Center Project. 7. The City of Campbell provided a previous Notice of Intent to adopt a Mitigated Negative Declaration to the public via the Campbell Express and the County Clerk. 8. The City of Campbell provided a previous 30-day public review period of the draft Mitigated Negative Declaration pursuant to the California Environmental Quality Act Guidelines. The 30-day public review period was between August 23, 2006 and September 22, 2006. 9. The mitigation measures identified in the Mitigated Negative Declaration are included as conditions of approval of the Planned Development Permit. 10. The Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The adopted Mitigated Negative Declaration previously adopted for Creekside Center contains full and adequate review for the revised hotel proposal. 2. 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. 3. 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 1ih day of June, 2007, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Doorley, Ebner, Francois, Rocha and Roseberry None Gibbons r rv: Alderete ~/. /} ;/; APPROVED: / /,~!J Michael Rocha, Chair ATTEST: J Secretary