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Resolution No. 2018-04 | Mitigated Negative Declaration (MND) Prepared for Hecker Pass Commercial Project | Adopted 06/07/2018RESOLUTION NO. 2018-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GILROY RECOMMENDING ADOPTION OF A MITIGATED NEGATIVE DECLARATION (MND) PREPARED FOR THE HECKER PASS COMMERCIAL PROJECT, LOCATED SOUTH OF HECKER PASS HIGHWAY (STATE ROUTE 152) AT 2740 HECKER PASS ROAD (ASSESSOR'S PARCEL NUMBER 810-20-006). FILED BY HECKER PASS COMMERCIAL, LLC,1999 S. BASCOM AVENUE, SUITE 700, CAMPBELL, CA 95008. WHEREAS, Hecker Pass Commercial, LLC, submitted an Architectural and Site Review application (AS 17-02) requesting approval of the Hecker Pass Commercial project; and WHEREAS, the subject property is located within the Hecker Pass Specific Plan area, south of Hecker Pass Highway (State Route 152) at 2740 Hecker Pass Road; and WHEREAS, the City, as lead agency under the California Environmental Quality Act (Pub. Res. Act § 21000 et seq.) has prepared an Initial Study to evaluate the potentially significant environmental effects of the project; and WHEREAS, the mitigation measures provided in the Initial Study would reduce significant impacts to a less than significant level and therefore, the project with mitigation measures incorporated, would not have a significant effect on the environment; and WHEREAS, the City prepared a Mitigated Negative Declaration for the Project pursuant to the requirements of CEQA Guidelines Section 15070 and the applicant has agreed to the mitigation measures; and WHEREAS, the City prepared a Notice of Completion of a Mitigated Negative Declaration and a Notice of Intent to Adopt the Mitigated Negative Declaration, and sent the notices along with the Mitigated Negative Declaration, to the State Clearinghouse, as well as to local and regional public agencies and service providers; and WHEREAS, the Notice of Intent for adoption of the Mitigated Negative Declaration, pursuant to the requirements of CEQA Guidelines Section 15072, was posted with the Santa Clara County Clerk and published in the Gilroy Dispatch; and WHEREAS, the Mitigated Negative Declaration was circulated for the required 30-day public review period (State Clearinghouse #2017092019), ending on October 9, 2017, and was made available for review pursuant to the requirements of CEQA Guidelines Section 15073; and WHEREAS, several comments were received on the Mitigated Negative Declaration; and Resolution No. 2018-04 Page 2 NOW THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Gilroy hereby recommends the City Council adopt the Mitigated Negative Declaration prepared for the Architectural and Site Review application A/S 17-02 and make the following findings: The Mitigated Negative Declaration has been completed in compliance with CEQA and its implementing guidelines; and On the basis of the whole record, including the Initial Study and comments received on the Mitigated Negative Declaration during the public review period, there is no substantial evidence that the project will have a significant effect on the environment; and The Mitigated Negative Declaration reflects the City's independent judgement and analysis; and 4. Documents and other materials constituting the record of the proceedings upon which the City's decision and its findings are based are located at the Office of the City Clerk of the City of Gilroy, 7351 Rosanna Street, Gilroy, California 95020. PASSED AND ADOPTED this 7t' day of June 2018 by the following roll call vote: AYES: COMMISSIONERS: Fischer, Estorga, Ashford, Armendariz, Kim, Scheel NOES: COMMISSIONERS: ABSENT: COMMISSIONERS ATTEST: Susan O'Strander, Secretary Rodriguez nAM1030-rvr ■