PC Res 3589
RESOLUTION NO. 3589
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CAMPBELL RECOMMMENDING APPROVAL OF A PRE-ZONING
CLASSIFICATION CHANGE (PLN2004-69) FROM R-1-6 (SINGLE FAMILY
RESIDENTIAL) TO P-D (PLANNED DEVELOPMENT) FOR
UNINCORPORATED PROPERTIES LOCATED AT 16201 & 16239 E.
MOZART AVENUE IN AN R-1-6 (SINGLE FAMILY RESIDENTIAL)
ZONING DISTRICT. CITY INITIATED APPLICATION. FILE NO.:
PLN2004-69.
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 PLN2004-69:
1. The proposed P-D pre-zoning designation is consistent with the current General Plan land
use designation of Low Density Residential (less than 6 units per gross acre) for the property.
2. The proposed pre-zoning classification change from R-1-6 to P-D would not affect the
maximum density range allowed under the existing General Plan designation for the
property.
3. The proposed pre-zoning classification change is consistent with the existing pre-zoning
designations and allowed uses of the surrounding properties.
4. The proposed pre-zoning classification change from R-1-6 to P-D would allow for the
development of residential lots served by a private street and common open space, which is
not allowed in the R-1-6 Zoning District.
5. The procedures for accomplishing a change to a pre-zoning designation are the same as
provided by the Municipal Code for a Zone Change for property within the City.
6. The proposed pre-zoning classification change to P-D would allow a superior development
and optimum quantity and use of open space than would be accomplished under other zoning
districts due to the characteristics of the site.
7. The subject property is located on the north side of E. Mozart Avenue where the street
terminates into SR-17 and is surrounded by single-family residential uses to the north, south,
and east and SR-17 to the west.
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The proposed pre-zoning classification will clearly result in a more desirable environment
and use of the land than would be possible under any other zoning classification.
2. The proposed pre-zoning classification will serve the best interests of the City.
Planning Commission Resolution No. 3589
PLN2004-69- 16201 & 16239 E. Mozart Avenue- Pre-Zoning Classification Change
Page 2
3. The proposed pre-zoning classification change will not be detrimental to the public interest,
health, safety, convenience, or general welfare of the City.
4. The proposed amendment is internally consistent with the goals, policies, and actions of the
general plan.
5. 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.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval
of a Pre-Zoning Classification Change (PLN2004-69) from R-1-6 (Single Family Residential) to
P-D (Planned Development) on property located at 16201 & 16239 E. Mozart Avenue in an R-
1-6 (Single Family Residential) Zoning District.
PASSED AND ADOPTED this 28th day of September, 2004, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Doorley, Francois, Hernandez, Rocha and Roseberry
None
Alderete
Gibbons
ATTEST:
APPROVED:
~~ G
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Sharon FIerro, Secretary