CC Resolution 10814
RESOLUTION NO. 10814
BEING A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CAMPBELL ADOPTING A NEGATIVE
DECLARATION FOR THE PROJECT PROPOSED FOR
1670 GRACE AVENUE. APPLICATION OF MR. MARVIN
BAMBURG. FILE NO.: PLN2007-100/101/102
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 Negative Declaration provides full
and adequate environmental review for Approval of a General Plan Amendment
(PLN2007-100), Zone Change (PLN2007-101) and Tentative Parcel Map
(PLN2007 -102) to subdivide the property into two lots.
The City Council finds as follows:
1. An Initial Study has been prepared for this Project, which provides
documentation for the factual basis for concluding that a 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 creation of a single-family lot of .22 acres.
2. A Negative Declaration that describes the reasons that the 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.
3. There are no responsible agencies or trustee agencies responsible for
resources affected by this project.
4. The City of Campbell provided a Notice of Intent to adopt a 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 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 August 6, 2007 and August
26,2007. No comments were received.
6. 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
City Council Resolution
PLN2007-100/101/102 - 1670 Grace Avenue - Adopting a Negative Declaration
Page 2
impacts during at project construction, potential noise and vibration due to
Light Rail right-of-way. The mitigation measures are included as Conditions of
Approval of the Planned Development Permit and Tentative Subdivision Map.
7. The Planning Commission hereby finds and determines that the 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 18th day of September
following roll call vote:
, 2007, by the
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Kennedy, Hernandez, Low, Burr, Furtado
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
APPROVED1~~~L
Daniel E. Furtaao, Mayor
ATTEST:
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A ne Bybee, City Clerk