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PC Res 3930RESOLUTION NO. 3930 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A MITIGATED NEGATIVE DECLARATION FOR A PLANNED DEVELOPMENT MIXED USE PROJECT PROPOSED FOR 651, 655 & 671 W. HAMILTON AVENUE IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MS. JENNIFER SKILLINGS, ON BEHALF OF SANTA CLARA DEVELOPMENT. FILE NO.: PLN2007-172/173/174/175. 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 Zone Change (PLN2007-172), Planned Development Permit (PLN2007-173), Tentative Vesting Subdivision Map (PLN2007-174) and Tree Removal Permit (PLN2007-175) to allow a mixed-use development. The Planning Commission finds as follows: An Initial Study has been prepared for amixed-use project located at 651, 655, and 671 W. Hamilton 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 four-story mixed-use buildings, a 65-unit townhome-style condominium complex, and the removal of thirty-three protected trees. 2. The Mitigated Negative Declaration describes the reasons that the mixed-use 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 subject 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 14, 2009 and February 4, 2009. 6. The mitigation measures identified in the Mitigated Negative Declaration are included as conditions of approval of Planned Development Permit. Planning Commission Resolution No. 3930 PLN2007-172/173/174/175 - 651, 655 & 671 W. Hamilton Avenue Adopting a Mitigated Negative Declaration Page 2 7. The recommendation of adoption of 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 Community Development Department of the City of Campbell, located at 70 North First Street, Campbell, California. PASSED AND ADOPTED this 10t" day of February, 2009, by the following roll call vote: AYES: Commissioners: Alderete, Alster, Ebner, Gairaud, Gibbons and Rocha NOES: Commissioners: None ABSENT: Commissioners: Roseberry ABSTAIN: Commissioners: None APPROVED: Mark Ebner, Chair ATTEST: Ciddy Wordell, cting Secretary