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PC Res 4007RESOLUTION NO. 4007 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 700 GALE DRIVE IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF VALLEY OAK PARTNERS, LLC. FILE NOS.: PLN2010-160/161/162/163/164. 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 (PLN2010-162) for the construction of 21 small-lot detached single-family residences; a Tentative Vesting Subdivision Map (PLN2010-163) to allow the creation of 21 residential lots and one common lot; and a Tree Removal Permit (PLN2010-164) to allow the removal of 40 protected trees on property located at 700 Gale Drive. Environmental Finding 1. An Initial Study has been prepared for the Gale Drive Residential Development project located at 700 Gale Drive, 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 twenty-one new small lot detached single family residences. Evidentiary Findings 2. The proposed project includes a request for approval to amend the General Plan Land Use designation of Assessor Parcel Number 307-39-025 from Professional Office to Low-Medium Density Residential (6-13 Units/Gr. Acre) in order to construct a 21-unit small lot detached single family residential development on property currently developed with a two story professional office building. The proposed project also includes application for a Zone Change from P-O (Professianal Office) to P-D (Planned Development), a Planned Development Permit to allow the residential development, a Tentative Vesting Subdivision Map to create 21 private residential lots and one common lot, and a Tree Removal Permit for the removal of 40 protected trees. 3. The Mitigated Negative Declaration describes the reasons that the Gale Drive Residential Development 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. Planning Commission Resolution No. 4007 PLN2010-160/161 /162/163/164 - 700 Gale Drive Adopting a Mitigated Negative Declaration Page 2 4. There are no responsible agencies or trustee agencies responsible for resources affected by 700 Gale Drive. 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. 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 January 5, 2011 and January 25, 2011. 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 25th day of January, 2011, by the following roll call vote: AYES: Commissioners: Alster, Ebner, Resnikoff, Reynolds and Roseberry NOES: Commissioners: Gibbons ABSENT: Commissioners: None ABSTAIN: Commissioners: None ~/ APPROVED: Bob Roseberry, hair ATTEST: ~--~-~ Paul Ker yan, Acting Secretary