PC Res 3846
RESOLUTION NO. 3846
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 2041-2043, 3075,
2091, 2105 & 2127 S. WINCHESTER BOUOLEVARD. APPLICATION
OF MR. RYAN LEONG, ON BEHALF OF SRM DEVELOPMENT. FILE
NO.: PLN2006-165.
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 (PLN2006-165) to allow the construction of a mixed-use project
consisting of 99 senior rental apartment units, 28 non-age-restricted apartment units, a
21-unit dementia unit (convalescent facility) and 16,043 square feet of retail/restaurant
space.
The Planning Commission finds as follows:
1. An Initial Study has been prepared for the Merrill Gardens at Campbell project
located at 2041-2127 S. Winchester Boulevard, 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 mixed-use development consisting of 3 three-story and 1 two-
story building, and the removal of fourteen protected on-site and off-site trees.
2. The Mitigated Negative Declaration describes the reasons that the Merrill Gardens
at Campbell 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 Merrill Gardens at Campbell 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 September 26, 2007 and
October 16, 2007.
Planning Commission Resolution No. 3846
Recommending Adoption of a Mitigated Negative Declaration
PLN2006-165 - 2041-2043,2075,2091,2105 & 2127 S. Winchester Boulevard
Mixed-Use Development - Merrill Gardens Campbell
Page 2
6. The mitigation measures identified in the Mitigated Negative Declaration are included as
conditions of approval of the Planned Development Permit.
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 23rd day of October, 2007, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Alderete, Doorley, Ebner and Roseberry
Rocha
Gibbons
None
APPROVED: Il/N IJd,
.
Michael Rocha, Chair
ATTEST: