CC Resolution 10830
RESOLUTION NO. 10830
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL ADOPTING A MITIGATED NEGATIVE DECLARATION
FOR A PLANNED DEVELOPMENT PERMIT TO ALLOW THE
CONSTRUCTION OF FOUR SINGLE FAMILY RESIDENCES ON
PROPERTY LOCATED AT 1161 VIRGINIA AVENUE. APPLICATION
OF MR. DENNIS L1U. FILE NO.: PLN2007-66.
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 (PLN2007 -66) to allow the construction of four single-family
residences on property located at 1161 Virginia Avenue.
The City Council finds as follows:
1. An Initial Study has been prepared for the Virginia Avenue Small-Lot Residential
project located at 1161 Virginia 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 four new two-story detached single-family residences, and the
removal of one protected tree.
2. The Mitigated Negative Declaration describes the reasons that the Virginia Avenue
Small-Lot Residential 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 Virginia Avenue Small-Lot Residential 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 August 15, 2007 and
September 04,2007.
6. The mitigation measures identified in the Mitigated Negative Declaration are
included as conditions of approval of the Planned Development Permit.
City Council Resolution
Adopting a Mitigated Negative Declaration
PLN2007-66 -1161 Virginia Avenue - Planned 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 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 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 6th
roll call vote:
day of
November
, 2007, by the following
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Low, Burr, Furtado
Kennedy
Hernandez
None
APPROVED:
Daniel E. Fu
ATTEST:
{L&~
Anne Bybee, City Clerk