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PC Res 3556 RESOLUTION NO. 3556 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A ZONE CHANGE (PLN2004-08) FROM R-2-S (MULTIPLE FAMILY RESIDENTIAL) TO P-D (PLANNED DEVELOPMENT) ON PROPERTY OWNED BY MR. HADI GHAFOURI LOCATED AT 243 W. RINCON AVENUE. APPLICATION OF MR. OMID SHAKER!. FILE NO. PLN2004-08. 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 Planning Commission did find as follows with respect to application PLN2004-08: 1. The proposed P-D zoning designation is consistent with the current Medium Density Residential (14-20 units per gross acre) General Plan land use designation for the property. 2. The proposed density of 12 units per gross acre is less than the maximum allowed density range of 14-20 units per gross acre permitted in the Medium Density Residential General Plan land use designation. 3. Under the R-2-S zoning designation, a 4 unit multi-family dwelling could be constructed on the project site, if all other development standards could be met (i.e. setbacks, parking, etc.). 4. The zoning designation change from R-2-S to P-D does not affect the maximum density range allowed for the property. 5. The zoning designation change from R-2-S to P-D allows for the separate ownership of units as opposed to the development of a multi-family dwelling on a single lot (i.e. apartments). Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed development and uses will clearly result in a more desirable environment and use of the land than would be possible under any other zoning classification. 2. The development and uses will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. 3. The proposed development will not result in allowing more residential units than would be allowed by other residential zoning districts which are consistent with the recommended General Plan land use designation of the property. 4. The proposed zoning classification change will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. Planning Commission Resolution No. 3556 PLN2004-08 - 243 W. Rincon Avenue- Zone Change Page 2 5. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. 6. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. 7. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. PASSED AND ADOPTED this 13th day of April, 2004, by the following roll call vote: AYES: Commissioners: Alderete, Doorley, Roseberry None None Gibbons Francois, Hernandez, Rocha and NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: APPROVED: Geo ATTEST: