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CC Resolution 11239RESOLUTION NO. 11239 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A NEGATIVE DECLARATION FOR THE EAST CAMPBELL AVENUE PORTAL PROJECT (10-CC) After notification as specified by law, and after presentation by the Director of Public Works, proponents and opponents, the City Council did determine that the adoption of a Negative Declaration provides full and adequate environmental review for Approval of the East Campbell Avenue (ECA) Portal Project (10-CC). The City Council finds as follows: 1. An Initial Study has been prepared for a project to provide widened walkway "portals" along East Campbell Avenue beneath the Highway 17 undercrossing, which provides documentation for the factual basis for concluding that a 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 construction of portals beneath the Highway 17 undercrossing on East Campbell Avenue. 2. The Negative Declaration (attached Exhibit A) describes the reasons that the ECA Portal 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. Caltrans has been identified as a responsible agency or trustee agency responsible for resources affected by the subject property. 4. The City of Campbell provided a Notice of Intent to adopt a Negative Declaration to the public via the Campbell Express and the California State Clearninghouse. 5. The City of Campbell provided a 30 day public review period of the draft Negative Declaration pursuant to the California Environmental Quality Act Guidelines. The 30 day public review period was between October 13, 2010 and November 12, 2010. 6. The recommendation of adoption of a Negative Declaration reflects the independent judgment and analysis of City staff. Based upon the foregoing findings of fact, the City Council further finds and concludes that: No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented, will have a significant adverse impact on the environment. 2. The Custodian of the Record for the 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 16th day of November, 2010, by the following roll call vote: AYES: COUNCILMEMBERS: Kotowski, Kennedy, Furtado, Baker, Low NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Attu Anne Bybee, City Clerk .~ -~ > APPROVF~D~~~ ,^ Evan D"Low, Mayor