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CC Resolution 12245RESOLUTION NO. 12245 ' BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING AN AMENDMENT (PLN2017-290) TO THE CAMPBELL VILLAGE NEIGHBORHOOD PLAN (PLN2017-85) TO REVISE THE- REQUIRED SETBACKS FOR ACCESSORY STRUCTURES AND INCORPORATE MINOR REVISIONS TO THE TEXT TO CORRECT MINOR TYPOGRAPHICAL ERRORS AND CLARIFY EXISTING PROVISIONS. 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 file number PLN2017-85 & 86: Environmental Finding 1. An Amendment to the Campbell Village Neighborhood Plan ("CVNP") is considered a "project" under Section 15378(a)(1) of the California Environmental Quality Act (CEQA) . Guidelines, typically subject to environmental review. However, such an action may be exempted from environmental review if the City finds that there is no possibility that it will have a significant effect on the environment ((Sec. 15061(b)(3)). Since the Amendment to Campbell Village Neighborhood Plan will not result in a physical impact or a significant effect on the environment, and will not change the zoning or density of any property within its area, it may be found that no impact to the environment will occur as a result of the project. Therefore, staff recommends that the proposed Amendment to the Campbell Village Neighborhood is found categorically exempt pursuant to Sections 15060(c)2 (the activity will not result in a direct or reasonably foreseeable indirect physical change in the ~- environment), because they have no potential for resulting in physical change to environment, directly or indirectly. Evidentiary Findings 2. In October of 2012, the City annexed a pocket of residential and commercial properties from San Jose and Santa Clara County which are now collectively referred to as the "Campbell Village Neighborhood". 3. The Campbell Village Neighborhood is generally located -east of Highway 17, north of Camden Avenue, west of S. Bascom Avenue, and south of McGlincy Lane. 4. The Campbell Village Neighborhood Plan provides a map of the limits of the Campbell Village Neighborhood Plan area. . 5. The Campbell Village Neighborhood consists of approximately 485 parcels covering an area of roughly 135 acres. The majority of these parcels are zoned residential with R-1-6 zoning in the Central Park "sliver" and R-1-8 within the Cambrian Village Area. Approximately 23 parcels front Camden, Bascom, and Union Avenues which are zoned Neighborhood Commercial (C-1) and General Commercial (C-2). 6. The legislature of the State of California has, in Government Code Sections 65302, 65560 and 65800, conferred upon local government units authority to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. City Council Ordinance No. Page 2 of 3 Approving an Amendment to the Campbell Village Area Neighborhood Plan 7. On August 7, 2017 the City Council Adopted the Campbell Village Neighborhood Plan (CVNP) by City Council Resolution No. 12214 and took first reading of an associated Text Amendment required to implement the plan. 8. On August 15, 2017 the City Council took second reading on the associated Text Amendment, and reviewed a final draft of the Campbell Village Area Neighborhood Plan reflecting changes to the document directed by the Council at its August 7, 2017 meeting. 9. In rediew of the final draft, members of the community expressed concerns with the required setbacks for accessory structures and accessory dwelling units, prompting the City Council to request staff to return with an Amendment to the Campbell Village Area Neighborhood Plan with clarifications on the setbacks for these structures. 10.The proposed Amendment to the Campbell Village Area Neighborhood Plan will not result in a physical impact or a significant effect on the environment, and will not change the zoning or density of any property within its area. 11.The proposed Amendment to the Campbell Village Area Neighborhood Plan serves to revise the required setbacks for accessory structures and incorporate minor revisions to the text to minor typographical errors and clarify existing provisions. 12. The proposed Amendment to the Campbell Village Area Neighborhood Plan was noticed in the newspaper and in mailing to all affected property owners. Based on the foregoing findings of fact, the City Council further finds and concludes that: 13. The proposed Amendment to the Campbell Village Neighborhood Plan is consistent with the goals, policies, and actions of the General Plan; and 14. The proposed Amendment to the Campbell Village Neighborhood Plan would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City; and 15.The proposed Amendment to the Campbell Village Neighborhood Plan is internally consistent with other applicable provisions of the Code; and 16.The proposed Amendment to the Campbell Village Neighborhood Plan is categorically exempt pursuant to Sections 15060(c)2 (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)3 (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, because it has no potential for resulting in physical change to environment, directly or indirectly; and 17. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented will have a significant adverse impact on the environment. THEREFORE, BE IT RESOLVED that the City Council adopts a Resolution approving an Amendment to the Campbell Village Neighborhood Plan (reference Exhibit A-1). City Council Ordinance No. an Amendment to the PASSED AND ADOPTED this Area Neighborhood Plan Page 3 of 3 day of November, 2017 by the following roll call vote: AYES: Councilmembers: Waterman, Cristina, Resnikoff NOES: Councilmembers: Landry, Gibbons ABSENT: Councilmembers: None ATTEST: Wendy od, City Clerk APPROVED: i~ i abeth "Liz' ibbons, Mayor