PC Res 4451RESOLUTION NO. 4451
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL RECOMMENDING THE ADOPTION OF
A MITIGATED NEGATIVE DECLARATION (PLN2017-396) FOR A
ZONING MAP AMENDMENT (PLN2017-393); TENTATIVE
SUBDIVISION MAP (PLN2017-394); PLANNED DEVELOPMENT
PERMIT (PLN2017-395), PARKING MODIFICATION PERMIT
(PLN2018-137); AND TREE REMOVAL PERMIT (PLN2017-397), TO
ALLOW THE DEVELOPMENT OF FOUR UNITS ON PROPERTY
LOCATED AT 50 SHELLEY AVENUE.
After notification and public hearing, as specified by law, and after presentation by the
Community Development Director, proponents and opponents, the Planning Commission
did determine that the adoption of a Mitigated Negative Declaration provides full and
adequate environmental review for approval of a Zoning Map Amendment (PLN2017-393);
Tentative Subdivision Map (PLN2017-394); Planned Development Permit (PLN2017-395);
Parking Modification Permit (PLN2017-137); and Tree Removal Permit (PLN2017-397) to
allow the development of four units on property located at 50 Shelley Avenue.
The Planning Commission finds as follows with regard to~ recommended adoption of a
Mitigated,Negative Declaration (PLN2017-396):
Environmental Findi
An Initial Study has been prepared for the project which provides documentation for
the factual basis for concluding that a Mitigated Negative Declaration 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 Findinas
The proposed project ("project") includes a Planned Development Permit (PLN2017-
395) for the approval of site configuration, architectural design, increased fence height
and to create lots which do not have frontage on a public street, Tentative Subdivision
Map (PLN2017-394) to create four single family lots and one commonly owned lot,
Zoning Map Amendment (PLN2017-393) to change the zoning from R-M (Multiple-
Family Residential) to P-D (Planned Development), Tree Removal Permit (PLN2017-
397) to allow for the removal of three trees on the site, and a Parking Modification
Permit (PLN2018-137) to allow two assigned parking spaces to be provided as guest
parking.
2. The project site consists of a single parcel located on the southern side of Shelley
Avenue between White Oaks Road and Bascom Avenue
3. The lot is currently developed with one single-family residence that.will be demolished
as part of the proposed subdivision.
Planning Commission Resolution No. 4451
PLN2017-396 - 50 Shelley Avenue
Recommending Adoption of a Mitigated Negative Declaration (PLN2017-396)
Page 2 of 4
4. Abutting land uses include single-family homes to the west, and multi-family
residential properties to the north, east, and south.
5. The project site is zoned R-M (Residential Multifamily) as shown on the Campbell
Zoning Map and will be rezoned to P-D (Planned Development).
6. The project site is designated Low-Medium Density Residential (6-13 Units / Gr. Acre)
as shown on the Campbell General Plan Map.
7. The proposed residential land use, at a density of 7.8 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 proposed Tentative Subdivision Map may be approved concurrently, and subject
to a Planned Development Permit, and Zoning Map Amendment.
9. 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.
Strategy LUT-9.3e: Building Materials: Encourage the use of long-lasting, high
quality building. materials on all buildings to ensure the long-
term quality of the built environment.
Strategy LUT-17.1 b: Landscaping: Ensure that new developments provide new tree
plantings, shrubs, greenery and other landscaping materials,
and preserve existing trees and shrubs.
10. The project proposes 12 parking spaces (8 covered, 4 guest), where 12 parking
spaces (8 covered, 2 assigned, 2 guest) are required which is allowed with the
approval of the associated Parking Modification Permit (PLN2018-137) which allows
for assigned parking to be provided as guest parking.
Planning Commission Resolution No. 4451
PLN2017-396 - 50 Shelley Avenue
Recommending Adoption of a Mitigated Negative Declaration (PLN2017-396)
Paae 3 of 4.
11. A draft Mitigation Monitoring and Reporting Program has been provided
demonstrating the responsible party and phase of the project that each Mitigation
Measure shall be carried out.
12. There are no responsible agencies or trustee agencies responsible for resources
affected by the project.
13. 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
mitigation measures agreed to by the project proponent, as specified by the draft
Mitigated Negative Declaration.
14. The City of Campbell provided a Notice of Intent to adopt a Mitigated Negative
Declaration to the public via the Campbell Express, the County Clerk, and on the City
website.
15. The City of Campbell provided a 20-day public review period of the Mitigated
Negative Declaration pursuant to the California Environmental Quality Act Guidelines.
The 20-day public review period was from July 19, 2018 to August 8, 2018.
16. ~ The mitigation measures identified in the Mitigated Negative Declaration are included
as Conditions of Approval of the Planned Development Permit and/or Tentative
Subdivision Map.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. The proposed development will clearly result in a more desirable environment and
use of the land than would be possible under any other zoning district classification.
2. The proposed development will be compatible with the General Plan of the City and
will aid in the harmonious development of the immediate area.
3. The proposed development will not result in allowing more residential units than
would be allowed by other residential zoning districts, which are consistent with the
General Plan designation of the property.
4. The proposed development will not be detrimental to the health, safety or welfare of
the neighborhood or the City as a whole.
5. There is a reasonable relationship and a rough proportionality between the conditions
of approval and the impacts of the project.
6. There is a reasonable relationship between the use of the fees imposed upon the
project and the type of development project.
Planning Commission Resolution No. 4451
PLN2017-396 - 50 Shelley Avenue
Recommending Adoption of a Mitigated Negative Declaration (PLN2017-396)
Page 4 of 4
7. 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.
8. The Mitigated Negative Declaration reflects the independent judgment and analysis of
the'City Council upon recommendation of the Planning Commission.
9. The Custodian of the Record for the Mitigated Negative Declaration and Initial Study
is the Community Development Department of the City of Campbell, located at 70
North First Street, Campbell, California.
THEREFORE, BE IT RESOLVED that the Planning Commission recommends the
adoption of a Mitigated Negative Declaration (PLN2015-308) (attached Exhibit "A"),for a
Zoning Map Amendment (PLN2015-307); Tentative Subdivision Map (PLN2015-306);
Planned Development Permit (PLN2015-305); Parking Modification Permit (PLN2016-
068); and Tree Removal Permit (PLN2015-310) to allow the development of four units on
property located at 50 Shelley Avenue.
PASSED AND ADOPTED this 14th day of August, 2018, by the following roll call vote:
AYES: Commissioners: Hernandez, Krey, Ostrowski and Rivlin
NOES: Commissioners:
ABSENT: Commissioners: Ching, Dodd, and Rich
ABSTAIN: Commissioners:
APPROVED
ATTEST.
Paul Ke moyan, Secretary
Jo Ile Hernandez, Acting I air