PC Res 4326RESOLUTION NO. 4326
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A
ZONING MAP AMENDMENT (PLN2016-275) TO CHANGE THE
ZONING DISTRICT DESIGNATION FROM R-M (MULTI-FAMILY
RESIDENTIAL) TO P-D (PLANNED DEVELOPMENT) FOR THE
PROJECT LOCATED AT 1223 WALNUT DRIVE.
After notification and public hearing, as specified by law and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
The Planning Commission finds as follows with regard to recommended adoption of a
Zoning Map Amendment (PLN2016-275):
Environmental Finding
An Initial Study has been prepared for the project which provides documentation for
the factual basis for concluding that a Negative Declaration (PLN2016-278) 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
2. The proposed project ("project") includes a Tentative Parcel Map (PLN2016-019) to
create two residential lots and one common lot, Zoning Map Amendment (PLN2016-
275) to change the zoning designation from R-M (Multi-Family Residential) to P-D
(Planned Development), a Planned Development Permit (PLN2016-276) to allow the
construction of two (2) two-story detached single-family homes, a Tree Removal
Permit (PLN2016-277) to allow for the removal of one protected tree, and a Negative
Declaration (PLN2016-278).
3. The project site consists of a 10,011 square foot (net area) lot located on Walnut
Drive between Wendell Drive and Hacienda Avenue.
4. The lot is currently developed with one single-family residence that will be
demolished as part of the proposed project.
5. Abutting land uses include asingle-family residence to the south, single-family
townhomes to the north and east, and a senior living facility to the west.
6. The project site is designated Low-Medium Density Residential (6-13 Units / Gr.
Acre) as shown on the Campbell General Plan Map.
Planning Commission Resolution No. 4326
PLN2016-275 -Recommending Approval of a Zoning Map Amendment -1223 Walnut Drive
Page 2 of 3
7. The proposed residential land use, at a density of approximately seven (7) units/gr.
acre, is consistent with the allowable land use and maximum density permitted by
the Low-Medium Density Residential General Plan land use designation.
8. The project would be consistent with the following General Plan policies and
strategies:
Policy LUT-3.1: Variety of Residential Densities: Provide land use categories
for and maintenance of a variety of residential densities to
offer existing and future residents of all income levels, age
groups and special needs sufficient opportunities and
choices for locating in Campbell.
Strategy LUT-5.2a: Neighborhood Compatibility: Promote new residential
development and substantial additions that are designed to
maintain and support the existing character and
development pattern of the surrounding neighborhood,
especially in historic neighborhoods and neighborhoods with
consistent design characteristics.
9. The project site is zoned R-M (Multi-Family Residential) as shown on the Campbell
Zoning Map and will be rezoned to P-D (Planned Development).
10. The land use entitlements for the proposed Project may be approved concurrently
where approval of the Tentative Parcel Map is subject to approval of the Zoning Map
Amendment and Planned Development Permit.
11. There are no responsible agencies or trustee agencies responsible for resources
affected by the project.
12. On the basis of the Initial Study, and as supported by substantial evidence, the
.project will not have a significant effect on the environment due to the application of
uniformly applicable development policies and incorporation of project-specific
conditions of approval.
13. The City of Campbell provided a Notice of Intent to adopt a Negative. Declaration to
the public via the Campbell Express, the County Clerk, and on the City website.
14. The City of Campbell provided a 20-day public review period of the Negative
Declaration pursuant to the California Environmental Quality Act Guidelines. The
20-day public review period began on May 25, 2016 and the public was invited to
comment on the Draft Negative Declaration in writing and/or in person at the
Planning Commission Public Hearing on June 14th and. September 13th and the City
Council public hearing on October 18, 2016. No comments have been received on
the draft Negative Declaration.
Planning Commission Resolution No. 4326
PLN2016-275 -Recommending Approval of a Zoning Map Amendment -1223 Walnut Drive
Page 3 of 3
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
15. The proposed amendment is consistent with the goals, policies, and actions of the
General Plan.
16. The proposed amendment would not be detrimental to the public interest, health,
safety, convenience, or general welfare of the city.
17. The proposed amendment is internally consistent with other applicable provisions of
this Zoning Code.
18. 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.
THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval
of a Zoning Map Amendment (PLN2016-275) to change the Zoning District designation
from R-M (Multi-Family Residential) to P-D (Planned Development) on property located
at 1223 Walnut Drive, subject to the attached recommended Conditions of Approval
(attached Exhibit A).
PASSED AND ADOPTED this 13th day of September, 2016, by the following roll call
vote:
AYES: Commissioners: Bo.nhagen, Dodd, Hernandez, Reynolds Young, Kendall
NOES: Commissioners:
ABSENT: Commissioners: Rich
ABSTAIN: Commissioners:
APPROVED:
is Dodd, Chair
ATTEST:
Paul K~rm~yan, Secretary
EXHIBIT A
RECOMMENDED CONDITIONS OF APPROVAL
Zoning Map Amendment (PLN2016-275)
Where approval by the Director of Community Development, City Engineer, Public
Works Director, City Attorney or Fire Department is required, that review shall be for
compliance with all applicable conditions of approval, adopted policies and guidelines,
ordinances, laws and regulations and accepted engineering practices for the item under
review. Additionally, the applicant is hereby notified that he/she is required to comply
with all applicable Codes or Ordinances of the City of Campbell and the State of
California that pertain to this development and are not herein specified.
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division
Approved Permit: Approval is granted for a Zoning Map Amendment (PLN2016-
275) to allow the property located at 1223 Walnut Drive to be rezoned from R-M
(Multi-Family Residential) to P-D (Planned Development). This permit shall be valid
only in conjunction with approval of Planned Development Permit (PLN2016-276)
and Tentative Parcel Map (PLN2016-019).
2. Approval Expiration: The Zoning Map Amendment approval is valid for a period of
two years from the date of final City Council approval unless an extension is granted
prior to the expiration date.
3. Indemnity: If determined necessary by the Community Development Director, the
applicant shall enter into an agreement satisfactory to the City Attorney to indemnify
and defend the City of Campbell, its officers, officials, employees, and agents from
any and all actions, liabilities, losses, and torts, including attorney's fees arising out
of or connected unto any challenge to the decision of the City Council on this
application. Such agreement shall be executed within the 30 days of the Community
Development Director's decision to require it.