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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 --------- .. ----:--~ APPROVES::- \ ~,.~:s=== -> Donald R. Burr, Mayor ATTEST: tL~ Anne Bybee, City Clerk