NVF:JVP:JMD
8/18/2022
1 T-51008.002/1936955
Council Agenda: 08-30-2022
Item No.: 10.2(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
RESOLUTION NO. _______
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN JOSE ADOPTING THE 1975 CAMBRIANNA
RESIDENTIAL PROJECT MITIGATED NEGATIVE
DECLARATION, FOR WHICH AN INITIAL STUDY WAS
PREPARED, ALL IN ACCORDANCE WITH THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT, AS
AMENDED, AND ADOPTING A RELATED MITIGATION
MONITORING AND REPORTING PROGRAM
WHEREAS, the City of San José (“City”) acting as lead agency under the California Environmental Quality Act of 1970, together with State and local guidelines implementing said Act, all as amended to date (collectively “CEQA”), prepared the Mitigated Negative Declaration and supporting Initial Study for the Cambrianna Residential Project (Planning File Nos. PDC21-011, PD21-012, and T21-034); and
WHEREAS, the Initial Study analyzed the environmental impacts constructing 21 new single-family homes and 14 accessory dwelling units, using State Density Bonus laws for additional units, construction of a cul-de-sac instead of a continuous street, and lot sizes smaller than 5,000 square feet, on an approximately 2.85-gross acre site located at 1975 Cambrianna Drive in the City of San José (Assessor’s Parcel Number 414-21- 062), San José, California; and
WHEREAS, the Initial Study/Mitigated Negative Declaration concluded that implementation of the Project could result in certain significant effects on the environment and identified mitigation measures that would reduce each of those significant effects to a less-than-significant level; and
WHEREAS, in connection with the approval of a project involving the preparation of an initial study/mitigated negative declaration that identifies one or more significant environmental effects, CEQA requires the decision-making body of the lead agency to NVF:JVP:JMD
8/18/2022
2 T-51008.002/1936955
Council Agenda: 08-30-2022
Item No.: 10.2(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
incorporate feasible mitigation measures that would reduce those significant environmental effects to a less-than-significant level; and
WHEREAS, whenever a lead agency approves a project requiring the implementation of measures to mitigate or avoid significant effects on the environment, CEQA also requires a lead agency to adopt a mitigation monitoring and reporting program to ensure compliance with the mitigation measures during project implementation, and such a mitigation monitoring and reporting program has been prepared for the Project for consideration by the decision-maker of the City of San José as lead agency for the Project (the “Mitigation Monitoring and Reporting Program”); and
WHEREAS, the City of San José is the lead agency on the Project, and the City Council is the decision-making body for the proposed approval to undertake the Project; and
WHEREAS, the City Council has reviewed and considered the Initial Study/Mitigated Negative Declaration and related Mitigation Monitoring and Reporting Program for the Project and intends to take actions on the Project in compliance with CEQA and state and local guidelines implementing CEQA; and
WHEREAS, the Initial Study/Mitigated Negative Declaration and related Mitigation Monitoring and Reporting Program for the Project are on file in the Office of the Director of Planning, Building and Code Enforcement, located at 200 East Santa Clara Street, 3rd Floor Tower, San José, California, 95113, are available for inspection by any interested person at that location and on the Department of Planning, Building and Code Enforcement website, and are, by this reference, incorporated into this Resolution as if fully set forth herein;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SAN JOSE:
NVF:JVP:JMD
8/18/2022
3 T-51008.002/1936955
Council Agenda: 08-30-2022
Item No.: 10.2(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
THAT THE CITY COUNCIL does hereby make the following findings: (1) it has independently reviewed and analyzed the Initial Study/Mitigated Negative Declaration and other information in the record and has considered the information contained therein, prior to acting upon or approving the Project, (2) the Initial Study/Mitigated Negative Declaration prepared for the Project has been completed in compliance with CEQA and is consistent with state and local guidelines implementing CEQA, and (3) the Initial Study/Mitigated Negative Declaration represents the independent judgment and analysis of the City of San José, as lead agency for the Project. The City Council designates the Director of Planning, Building and Code Enforcement at the Director’s Office at 200 East Santa Clara Street, 3rd Floor Tower, San José, California, 95113, as the custodian of documents and records of proceedings on which this decision is based.
THAT THE CITY COUNCIL does hereby find that based upon the entire record of proceedings before it and all information received that there is no substantial evidence that the Project will have a significant effect on the environment and does hereby adopt the Mitigated Negative Declaration and related Mitigation Monitoring and Reporting Program prepared for the Project (Planning File Nos. PDC21-011, PD21-012, and T21- 034). The Mitigation Monitoring and Reporting Program for the Project is attached hereto as Exhibit “A” and fully incorporated herein. The Initial Study/ Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program are: (1) on file in the Office of the Director of Planning, Building and Code Enforcement, located at 200 East Santa Clara Street, 3rd Floor Tower, San José, California, 95113 and (2) available for inspection by any interested person.
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NVF:JVP:JMD
8/18/2022
4 T-51008.002/1936955
Council Agenda: 08-30-2022
Item No.: 10.2(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
ADOPTED this ____ day of _________, 2022, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
SAM LICCARDO
Mayor
ATTEST:
TONI J. TABER, CMC
City Clerk
EXHIBIT "A"
(File Nos. PDC21-011; PD21-012; PT21-034)
EXHIBIT "A"
(File Nos. PDC21-011; PD21-012; PT21-034)
EXHIBIT "A"
(File Nos. PDC21-011; PD21-012; PT21-034)
EXHIBIT "A"
(File Nos. PDC21-011; PD21-012; PT21-034)
EXHIBIT "A"
(File Nos. PDC21-011; PD21-012; PT21-034)
EXHIBIT "A"
(File Nos. PDC21-011; PD21-012; PT21-034)
EXHIBIT "A"
(File Nos. PDC21-011; PD21-012; PT21-034)
EXHIBIT "A"
(File Nos. PDC21-011; PD21-012; PT21-034)
EXHIBIT "A"
(File Nos. PDC21-011; PD21-012; PT21-034)
EXHIBIT "A"
(File Nos. PDC21-011; PD21-012; PT21-034)
EXHIBIT "A"
(File Nos. PDC21-011; PD21-012; PT21-034)
EXHIBIT "A"
(File Nos. PDC21-011; PD21-012; PT21-034)