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PC Res 3820 RESOLUTION NO. 3820 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING THAT THE CITY COUNCIL ADOPT A MITIGATED NEGATIVE DECLARATION FOR THE MIXED- USE DEVELOPMENT PROJECT PROPOSED FOR 1677 S. BASCOM AVENUE. APPLICATION OF MR. ANTHONY HO. FILE NO.: PLN2006- 128 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 provides full and adequate environmental review for Approval of a Planned Development Permit (PLN2006-128) to allow a mixed-use development including 14,045 square feet of retail space, at-grade and below-grade parking and 123 condominium units. The Planning Commission finds as follows: 1. An Initial Study has been prepared for the Boyce project located at 1677 S. Bascom Avenue, 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 mixed-use building, and the removal of thirty-five protected trees. 2. The Mitigated Negative Declaration describes the reasons that the Boyce 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 Boyce 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 June 6, 2007 and June 26,2007. 6. The mitigation measures identified in the Mitigated Negative Declaration are included as conditions of approval of the Site and Architectural Review Permit. Planning Commission Resolution No. 3820 Recommending Adoption of a Mitigated Negative Declaration PLN2006-126/127/128 & 129-1677 S. Bascom Avenue-Mixed Use Development Page 2 7. 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. 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 10th day of July, 2007, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Alderete, Doorley, Ebner, Rocha and Roseberry None Gibbons and Francois None APPROVED: ~;1~~ Michael Rocha, Chair ATTEST: