CC Resolution 10788
RESOLUTION NO. 10788
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL FINDING 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 City Council 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 City Council finds as follows:
1. An Initial Study was prepared for the Creekside Center project located at 649-655
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.
City Council Resolution 10788
Accepting 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 City Council 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 17th
roll call vote:
day of
July
, 2007, by the following
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Kennedy, Hernandez, Low, Burr, Furtado
COUNCILMEMBERS: None
COUNCILMEMBERS: None ~
COUNCILMEMBERS: None \ ~ ~ \
APPROVED:L\> ~ ~M.
Daniel E. Furta~o, Mayor
ATTEST:
tL-~
Anne Bybee, City Clerk