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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.