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PC Res 3885 RESOLUTION NO. 3885 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A MITIGATED NEGATIVE DECLARATION FOR A PLANNED DEVELOPMENT RESIDENTIAL PROJECT PROPOSED FOR 258/268 UNION AVENUE IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. JEFF MAR, ON BEHALF OF HERITAGE REALTY GROUP. FILE NO.: PLN2007-43/44/45. 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 (PLN2007-43/44/45) to allow for five condominium units. The Planning Commission finds as follows: 1. An Initial Study has been prepared for the Union Avenue Townhome Residential project located at 258/268 Union 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 two new two-story and three new three-story attached single-family residences. 2. The Mitigated Negative Declaration describes the reasons that the Union Avenue Townhome 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 Union Avenue Townhome 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 January 16, 2008 and February 5, 2008. 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. Planning Commission Resolution No. 3885 PLN2007 -43/44/45 - 258/268 Union Avenue - Adopting a Mitigated Negative Declaration Page 2 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 13th day of May, 2008, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Alderete, Doorley, Ebner, Gairaud and Rocha Roseberry Gibbons None APPROVED: ATTEST: