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PC Res 3860 RESOLUTION NO. 3860 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL ADOPTING A MITIGATED NEGATIVE DECLARATION FOR THE CITY OF CAMPBELL SITE FOR A 100-FOOT MONOPOLE TOWER AS PART OF A COUNTY-WIDE EMERGENCY COMMUNICATIONS NETWORK (E-COMM) PROPOSED FOR 70 N. FIRST STREET IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT. CITY-iNITIATED APPLICATION. FILE NO.: PLN2007-167. 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 Conditional Use Permit (PLN2007-167) to allow the installation of a 100-foot monopole tower as part of a County-wide emergency communications network (E-Comm system consisting of 22 antennas located throughout Santa Clara County). The Planning Commission finds as follows: 1. An Initial Study has been prepared for the E-Comm System Project for the City of San Jose as the Lead Agency by ESA, that includes the City of Campbell project site located at 70 North First Street, 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 installation of a 100-foot monopole antenna tower and antennas. 2. The Mitigated Negative Declaration describes the reasons that the E-Comm project, including the City of Campbell 100-foot monopole tower will no~ 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. The City of Campbell has been designated as a Responsible Agency for this project and is responsible for resources affected by the E-Comm project. 4. The City of San Jose provided a Notice of Intent to adopt a Mitigated Negative Declaration to the public via the San Jose Mercury News and the County Clerk. The City of Campbell also provided a Notice of Intent to adopt a Mitigated Negative Declaration to the public via the Campbell Express. Planning Commission Resolution No. 3860 PLN2007-167 - 70 N. First Street - Adopting a Mitigated Negative Declaration - ECOMM Page 2 5. The City of San Jose provided a 30-day public review period and 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 30 day public review period for San Joss was between October 4, 2007 and November 2, 2007. The 20-day review period for the City of Campbell was between October 11, 2007 and November 2, 2007. No comments were received by the City of Campbell. 6. The mitigation measures identified in the Mitigated Negative Declaration are included as Conditions of Approval of the Conditional Use 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 11th day of December, 2007, by the following roll call vote: AYES: Commissioners: Alderete, Doorley, Ebner, Gibbons, Gairaud, Rocha and Roseberry None None None NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: APPROVED: If,tM M Michael Rocha, Chair ATTEST: