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