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CC Resolution 11405RESOLUTION NO. 11405 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A MITIGATED NEGATIVE DECLARATION FOR A PLANNED DEVELOPMENT PROJECT PROPOSED FOR 1677 S. BASCOM AVENUE. APPLICATION OF BAY WEST DEVELOPMENT. FILE NOS.: PLN2011- 312/313/314 & PLN2012-86. After notification and public hearing, as specified by law, and after presentation by the Community Development Director, proponents and opponents, the City Council did determine that the adoption of a Mitigated Negative Declaration provides full and adequate environmental review for Approval of a Planned Development Permit (PLN2011-312) for the construction of 168-unit apartment complex with 15,295 square feet of commercial space; a Zone Change (PLN2011-313) from C-PD to PD; and a Tree Removal Permit (PLN2011-314) to allow the removal of 66 protected trees on property located at 1677 S. Bascom Avenue. Environmental Finding 1. An Initial Study has been prepared for the 1677 S. Bascom Avenue Mixed-Use Development project, which provides documentation for the factual basis for concluding that a Mitigated Negative Declaration may be adopted. The Initial Study found that 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 a 168 apartment unit mixed-use development with 15,295 square feet of ground floor retail over podium parking. Evidentiary Findings 2. The proposed project includes a request for a Zone Change from C-PD (Condominium Planned Development) to P-D (Planned Development), a Planned Development Permit that includes a Parking Modification to allow the construction of the mixed-use development, and a Tree Removal Permit for the removal of 66 protected trees. 3. The Mitigated Negative Declaration describes the reasons that the 1677 S. Bascom Avenue mixed-use 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. 4. All responsible agencies or trustee agencies responsible for resources affected by 1677 S. Bascom Avenue have been notified of the project and afforded an opportunity to comment. Recommended conditions of approval relating to responsible agency resources have been incorporated into the project approval. City Council Resolution PLN2011-312/313/314 - Adopting a Mitigated Negative Declaration Page 2 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 April 4, 2012 and April 24, 2012. 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 City Council 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 istt, day of tray , 2012, by the following roll call vote: AYES: COUNCILMEMBERS: Cristina, Baker, Waterman, Kotowski NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Low //~~//~. _- ~ , _ , APPRO /' Michael F. Kotowski, Mayor ATTEST: ~`-"~ Anne Bybee, City Clerk