Cities Index.
(1) Resolution

San Jose City Council
December 13, 2022

Document
(1) Resolution
Meeting
December 13, 2022
Body
San Jose City Council
Original file
1.5 MB
Text extracted from the city's file for reading and search. Open the original on legistar.granicus.com. That file is the official record.

NVF:DHZ:JMD:DJF
12/8/2022

1 T-51008.002/1980076
Council Agenda: 12-13-2022
Item No.: 10.1(d)(1)
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 CAMDEN AVENUE

RESIDENTIAL PROJECT MITIGATED NEGATIVE

DECLARATION, FOR WHICH AN INITIAL STUDY WAS

PREPARED, 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 (“CEQA”), prepared a Mitigated Negative Declaration and supporting Initial Study for a residential project on Camden Avenue (Planning File Nos.

PDC21-010, PD21-006); and

WHEREAS, the Initial Study analyzed the environmental impacts of constructing seven new detached single-family homes and two new private driveways off Camden Avenue to access the homes, on an approximately 1-gross-acre site located at 0 Camden Avenue in the City of San José (Assessor’s Parcel Number 567-26-014) (the “Project”); 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 incorporate feasible mitigation measures that would reduce those significant environmental effects to a less-than-significant level; and

NVF:DHZ:JMD:DJF
12/8/2022

2 T-51008.002/1980076
Council Agenda: 12-13-2022
Item No.: 10.1(d)(1)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

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 City Council of the City of San José (the “Mitigation Monitoring and Reporting Program”); 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;

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SAN JOSE:

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 NVF:DHZ:JMD:DJF
12/8/2022

3 T-51008.002/1980076
Council Agenda: 12-13-2022
Item No.: 10.1(d)(1)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

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 incorporates the Initial Study/Mitigated Negative Declaration for the Project into this Resolution as if fully set forth herein. The City Council further 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. PDC21-019 and PD21-009). 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:DHZ:JMD:DJF
12/8/2022

4 T-51008.002/1980076
Council Agenda: 12-13-2022
Item No.: 10.1(d)(1)
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 No. PD21-006)
EXHIBIT "A"
(File No. PD21-006)
EXHIBIT "A"
(File No. PD21-006)
EXHIBIT "A"
(File No. PD21-006)
EXHIBIT "A"
(File No. PD21-006)
EXHIBIT "A"
(File No. PD21-006)
EXHIBIT "A"
(File No. PD21-006)
EXHIBIT "A"
(File No. PD21-006)
EXHIBIT "A"
(File No. PD21-006)
EXHIBIT "A"
(File No. PD21-006)
EXHIBIT "A"
(File No. PD21-006)

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