PC Res 3986RESOLUTION NO. 3986
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A
MITIGATED NEGATIVE DECLARATION FOR A PLANNED
DEVELOPMENT PROJECT PROPOSED FOR 950 W. HAMILTON
AVENUE IN A P-D (PLANNED DEVELOPMENT) ZONING
DISTRICT. APPLICATION OF MS. NATALIE MATTEI, ON BEHALF
OF SAFEWAY, INC. FILE NO.: PLN2010-30/31/106.
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 (PLN2010-30) for a
new grocery store (Safeway) attached to speculative tenant space in an existing vacant
retail center, construction of a new retail pad building and construction of a new gasoline
refueling station; a Conditional Use Permit (PLN2010-31) to allow alcohol sales and Tree
Removal Permit (PLN2010-106) to allow the removal of 62 parking lot trees on property
located at 950 W. Hamilton Avenue.
The Planning Commission finds as follows with regard to the Mitigated Negative Declaration:
1. An Initial Study has been prepared for 950 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.
2. The project consists of the remodel of an existing 74,994 sq. ft. vacant retail center
(Formerly Mervyn's) to accommodate a 55,819 sq. ft. Safeway grocery store with 24-hour
operation and 19,175 sq. ft. of subordinate tenant retail space, the construction of a new
4,650 sq. ft pad commercial building and a new 16 pump fueling station within the P-D
(Planned Development) zone district.
3. The Mitigated Negative Declaration describes the reasons that 950 W. Hamilton Avenue
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.
4. There are no responsible agencies or trustee agencies responsible for resources
affected by 950 W. Hamilton Avenue.
5. 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.
Planning Commission Resolution No. 3986
PLN2010-30/31/106 - 950 W. Hamilton Avenue
Adopting a Mitigated Negative Declaration
Page 2
6. 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 May 19, 2010 and June 7, 2010.
7. The mitigation measures identified in the Mitigated Negative Declaration are included as
Conditions of Approval of the Planned Development Permit.
8. 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 8th day of June, 2010, by the following roll call vote:
AYES: Commissioners: Alster, Cristina, Reynolds, Rocha and Roseberry
NOES: Commissioners: None
ABSENT: Commissioners: Ebner and Gibbons
ABSTAIN: Commissioners: None
,'
APPROVED: __
Michael Rocha, A ing Chair
ATTEST:
Kirk Heinr chs, Secretary