CC Resolution 10898
RESOLUTION NO. 10898
BEING A RESOLUTION OF THE CITY COUNCIL TO ADOPT THE
FINDING THAT THE ENVIRONMENTAL IMPACT REPORT
(STATE CLEARINGHOUSE NUMBER 2001042063, JULY 26,
2001) PREPARED FOR THE CITY OF CAMPBELL'S HOUSING
ELEMENT PROVIDES FULL AND ADEQUATE ENVIRONMENTAL
REVIEW FOR ADOPTION OF AN UPDATED DENSITY BONUS
ORDINANCE TO COMPLY WITH STATE LAW PURSUANT TO
CEQA GUILDEINES SECTION 15153.
WHEREAS, the current project consists of the adoption of a Density Bonus Ordinance
as required by State law;
WHEREAS, on November 20, 2001, the City Council of the City of Campbell certified
an Environmental Impact Report (EIR) (Resolution No. 9956) for the update of the City's
General Plan and Housing Element, which included a Density Bonus policy; and
WHEREAS, pursuant to CEQA Guidelines Section 15153, a previous Environmental
Impact Review contains full and adequate review for the Density Bonus Ordinance as
no new impacts are created for consideration; and
WHEREAS, no substantial changes are proposed in the Density Bonus Ordinance
which will require revisions of the previous EIR due to the involvement of new significant
environmental effects or a substantial increase in the severity of previously identified
significant effects; and
WHEREAS, no substantial changes have occurred with respect to the circumstances
under which the Density Bonus Ordinance is undertaken which will require major
revisions of the previous EIR due to the involvement of new significant, environmental
effects or a substantial increase in the severity of previously identified significant effects;
and
WHEREAS, no new information of substantial importance, which was not known and
could not have been known with the exercise of reasonable diligence at the time the
previous EIR was certified as complete shows any of the following:
a. The project will have one or more significant effects not discussed in the previous
EIR;
b. Significant effects previously examined will be substantially more severe than
shown in the previous EIR;
City Council Resolution No.
Environmental Review for an Updated Density Bonus Ordinance
Page 2 of 3
c. Mitigation measures or alternatives previously found not to be feasible would in
fact be feasible and would substantially reduce one or more significant effects of
the project; or
d. Mitigation measures or alternatives which are considerably different from those
analyzed in the previous EIR would substantially reduce one or more significant
effects on the environment.
WHEREAS, the Environmental Impact Report prepared for the City of Campbell
Housing Element serves as a Program EIR pursuant to CEQA Guidelines Section
15168(a)(4).
WHEREAS, the findings set forth in Environmental Impact Report (EIR) (Resolution No.
9956), pursuant to CEQA Guidelines Section 15150(d), Incorporation by Reference, as
follows:
a. The project will not adversely affect water or air quality or increase noise levels
substantially;
b. The project will not have adverse impacts on the flora or fauna of the area;
c. The project will not degrade the aesthetic quality of the area;
d. The project will not have adverse impacts on traffic or land use;
e. The project will not create impacts which have the potential to degrade the
quality of the environment.
f. The project will not create impacts which achieve short-term to the disadvantage
of long-term environmental goals.
g. The project will not create impacts for a project which are individually limited, but
cumulatively considerable.
h. The project will not create environmental effects which will cause substantial
adverse effects on human beings, either directly or indirectly.
WHEREAS, on September 11, 2007, the Planning Commission held a public hearing
recommending that the City Council adopt a finding that the Environmental Impact
Report dated July 26, 2001 provides full and adequate review for the adoption of an
updated density bonus ordinance in order to comply with State law.
City Council Resolution No.
Environmental Review for an Updated Density Bonus Ordinance
Page 3 of 3
WHERAS, the record of the proceedings on which this decision is based are located in
the Office of the City Clerk of the City of Campbell, who is the custodian of these
records.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby finds that the
previous EIR prepared for the City of Campbell Housing Element provides a sufficient
environmental review for an updated Density Bonus Ordinance and that the project
avoids any significant environmental effect.
PASSED AND ADOPTED this 1 st day of April, 2008, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
City Councilmembers:
City Councilmembers:
City Councilmembers:
City Councilmembers:
Furtado, Kennedy, Low, Burr
None
Hernandez
None
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APPROVES::- \ ~,.~:s=== ->
Donald R. Burr, Mayor
ATTEST:
tL~
Anne Bybee, City Clerk