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CC Ordinance 2258ORDINANCE NO. 2258 BEING AN ORDINANCE OF THE CITY OF CAMPBELL CITY COUNCIL APPROVING A ZONING MAP AMENDMENT TO AMEND THE CAMPBELL ZONING MAP DESIGNATION FROM P-D (PLANNED DEVELOPMENT) to C-P-D (CONDOMINIUM PLANNED DEVELOPMENT) FOR PROPERTY LOCATED AT 540, 558 AND 566 EAST CAMPBELL AVENUE AND 24 AND 34 DILLON AVENUE. FILE NO.: PLN2016-383 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 (PLN2016-381). Evidentiary Findings The proposed project includes an application for a Zoning Map Amendment (PLN2016-383) to amend the Campbell Zoning Map to rezone the project site from P-D (Planned Development) to C-P-D (Condominium Planned Development); a Planned Development Permit with Density Bonus (PLN2016-378) to allow construction of a mixed -use development project consisting of 59 residential condominium units, two commercial spaces totaling 6,512 square feet, and associated improvements; a Vesting Tentative Subdivision Map (PLN2016-380) to create 59 "air space" residential condominium unit parcels, one commercial unit parcel, and one common lot with associated site improvements; and a Tree Removal Permit (PLN2016-382) to allow removal of on -site protected trees. 2. The project site consists of five parcels located at 540, 558 and 566 East Campbell Avenue and 24 and 34 Dillon Avenue that would be merged as part of the Vesting Tentative Subdivision Map. 3. The project site is developed with a vacant auto center, a music store, and two unoccupied residential structures, all of which would be demolished as part of the proposed project. City Council Ordinance 2258 Page 2 of 3 Zoning Map Amendment (PLN2016-383) 540, 558 and 566 East Campbell Avenue and 24 and 34 Dillon Avenue 4. Abutting land uses include commercial uses to the north, Campbell Park to the east, residential homes to the southeast, and commercial/industrial/office uses.to the south and west. 5. The project site is designated by the Campbell General Plan Land Use Diagram as Central Commercial. 6. The project site is located in the East Campbell Avenue Master Plan (ECAMP) Area. 7. - The project site is currently designated by the Campbell Zoning Map as P-D (Planned Development) and would be rezoned by to C-P-D (Condominium Planned Development). .8. The proposed Zoning Map Amendment is required by CMC Section 21.12.020, because the project consists of new residential condominium units. 9. The proposed project includes a 35% density bonus and two (2) incentives or concessions where at least 20% of the total residential units are target units affordable to low-income. households based on affordable rents or ownership costs in compliance with the City's Inclusioriary Ordinance, Density Bonus Ordinance, and California's Density Bonus Law. 10. The Planned Development Permit includes a density bonus concession for height and a density bonus concession -for open space. 11. The proposed project would include 59 residential parking stalls in conformance with the City's Density Bonus Ordinance and 49 commercial parking stalls pursuant to Campbell Municipal Code (CMC) Chapter 21.28 (Parking and Loading). The applicant is aware that future uses, including but not limited to restaurants; shall .be limited by the available on -site parking in accordance with CMC Chapter 21.28. 12. The proposed project would result in approximately.36.24 dwelling units per gross acre, consistent with the General Plan, ECAMP, and California's Density Bonus Law. 13. The proposed Planned Development 'Permit (PLN2016-378) is considered in conjunction with a Tree Removal Permit and subject to approval of a Zoning Map Amendment (PLN2016-383) and a Vesting Tentative Subdivision Map (PLN2016- 380). 14. The Zoning Map Amendment would be consistent with the General Plan. 15. As specified by the regulations for the Planned Development Zoning District;. provided in CMC 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. City Council Ordinance 2258 Page 3 of 3 Zoning Map Amendment (PLN2016-383) 540, 558 and 566 East Campbell Avenue and 24 and 34 Dillon Avenue Based upon the foregoing findings of fact, the City Council further finds and concludes that: 1. 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 (PLN2016-381) to amend the Campbell Zoning Map designation from P-D (Planned Development) to C-P-D (Condominium Planned Development) for property located at 540, 558 and 566 East Campbell Avenue and 24 and 34 Dillon Avenue as depicted by Exhibit A-1. 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 17th day of December, 2019, by the following roll call vote: AYES: COUNCILMEMBERS: Bybee, Gibbons, Landry, Waterman NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Resnikoff �] I ABSTAIN: COUNCILMEMBERS: None /! 6 APPROVED: Richard M. Wa'terman, Mayor ATTEST: -A-KAI-12") Wendy -Mood, City Clerk EXHIBIT A-1 -�i� E:7 -ZAl 72'-- 66 f L6 84k. 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