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CC Ordinance 2245ORDINANCE NO. 2245 BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A ZONING MAP AMENDMENT (PLN2018- 155) TO AMEND THE CAMPBELL ZONING MAP DESIGNATION FROM R-1-9 (SINGLE FAMILY RESIDENTIAL) TO P-D (PLANNED DEVELOPMENT) FOR PROPERTY LOCATED AT 1631 HACIENDA AVENUE. After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the City Council of the City of Campbell does ordain as follows: Environmental Finding An Initial Study has been prepared for the proposed project 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 as conditioned. Evidentiary Findings The proposed project is application for a Zoning Map Amendment (PLN2018-155) to amend the Campbell Zoning Map to rezone the project site from R-1-9 (Single -Family Residential) to P-D (Planned Development); a Planned Development Permit (PLN2018- 156) to allow construction of six two-story single-family homes, an accessory dwelling unit, a new private street, and associated site and landscaping improvements; a Tentative Subdivision Map (PLN2018-157) to create six private lots and one common lot, and associated public and private easements; a Variance (PLN2018-325) to allow retention of existing overhead utility lines and installation of a new utility pole on private property to serve the proposed development; and a Tree Removal Permit (PLN2018-158) to allow removal of on -site protected trees. 2. The project site consists of two parcels located along Hacienda Avenue, east of Harriet Avenue, which is developed with a single-family residence that will be demolished as part of the proposed project. 3. The project site abuts residentially zoned properties in all directions. 4. The project site is currently designated by the Campbell Zoning Map as R-1-9 (Single - Family Residential, 9,000 Square -Foot Minimum Lot Size) and by the Campbell General Plan Land Use Diagram as Low Density Residential (Less than 4.5 units/Gr. Acre). 5. An amendment to the Campbell Zoning Map to redesignate the project site to P-D (Planned Development) is necessary to allow creation of new residential parcels that do not have frontage upon a public street as permitted by Campbell Municipal Code (CMC) Section 21.16.035 (Exception to access requirement). City Council Ordinance 2245 Approving a Zoning Map Amendment 1631 Hacienda Avenue — File No.: PLN2018-155 Page 2 of 3 6. The Zoning Map Amendment would be consistent with the following General Plan Strategy: Strategy LUT-17.1a: General Plan/Zoning Amendments: Ensure that new General Plan or Zoning amendments of property equal the predominant General Plan and/or Zoning designations of parcels contiguous to, or directly across a public right-of-way from the subject site. 7. As specified by the regulations for the Planned Development Zoning District, provided in CIVIC Section 21.12.030.G.1 (Establishing the P-D zoning district), the Zoning Map Amendment is proposed in conjunction and concurrent with a proposed "development plan" for the project site. 8. As specified by San Tomas Area Neighborhood Plan (STANP) Land Use Policy 'M-1' (Planned Development Zones), development of the project site in the proposed Planned Development Zoning District shall conform with the standards for single family development contained within the STANP and the Campbell Municipal Code, except that private local access streets shall be permitted with a home owner's association (HOA). 9. As specified by San Tomas Area Neighborhood Plan (STANP) Land Use Policy 1-1' (General Plan/Zoning Amendments), the proposed zoning designation equals the predominate zoning designation of parcels contiguous to, or directly across a public right- of-way from the subject site. 10. As specified by the STANP Land Use Policy 'L' (General Plan/Zoning Amendments), a notice containing the time, place and general purpose of the hearing was placed at the project site at least 10 days prior to the Planning Commission and City Council public hearings. Based upon the foregoing findings of fact, the City Council further finds and concludes that: The proposed amendment is consistent with the goals, policies, and actions of the General Plan and all applicable development agreements, area plans, neighborhood plans, and specific plan(s); 2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or general welfare of the city; and 3. The parcel is physically suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities) for the requested zoning designation(s) and anticipated land uses/project. SECTION ONE: That this Ordinance be adopted to approve a Zoning Map Amendment (PLN2018-177) to amend the Campbell Zoning Map designation from R-1-9 (Single -Family Residential) to P-D (Planned Development) for property located at 1631 Hacienda Avenue as depicted by Exhibit A. City Council Ordinance 2245 Approving a Zoning Map Amendment 1631 Hacienda Avenue — File No.: PLN2018-155 Page 3 of 3 SECTION TWO: This Ordinance shall become effective thirty (30) days following its passage and adoption and shall be published, one time within fifteen (15) days upon passage and adoption in the Campbell Express, a newspaper of general circulation in the City of Campbell, County of Santa Clara. PASSED AND ADOPTED this 2nd day of July, 2019, by the following roll call vote AYES: COUNCILMEMBERS: Resnikoff, Bybee, Gibbons, Landry, Waterman NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None APPROVED: V" (/ — Ri h d M. aterman, Mayor �l ATTEST: �aA Wend ood, City Clerk EXHIBIT A Project Location Map Vt Project Site