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PC Res 3601 RESOLUTION NO. 3601 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMMENDING APPROV AL OF A ZONING CLASSIFICATION CHANGE (PLN2004-114) FROM PD (PLANNED DEVELOPMENT) TO C-PD (CONDOMINIUM PLANNED DEVELOPMENT) ZONING DISTRICT ON PROPERTY OWNED BY PANG BROTHERS INVESTMENT COMPANY LOCATED AT 1815 S. BASCOM AVENUE IN A PD (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. ANTHONY HO, ON BEHALF OF PANG BROTHERS INVESTMENT COMPANY. FILE NO.: PLN2004-114. 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 PLN2004-114: 1. The proposed C-PD zoning designation is consistent with the current CommerciallProfessional Office/Residential (Up to 27 units per gross acre) General Plan land use designation for the property. 2. The proposed density of 26.78 units per gross acre is less than the maximum allowed density of up to 27 units per gross acre permitted in the Commercial/Professional Office/Residential General Plan land use designation. 3. Under the C-PD zoning designation, a 45 unit condominium dwelling could be constructed on the project site, if all other development standards could be met (i.e. setbacks, parking, etc.). 4. The zoning designation change from P-D to C-PD does not affect the maximum density range allowed for the property. 5. The zoning designation change from P-D to C-PD allows for the separate ownership of multi-story attached housing opposed to the development of a multi-unit apartment building. 6. The location of the property near the future Vasona Light Rail Hamilton Station offers a unique opportunity to provide attached housing in close proximity to mass transit services. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed development and uses will clearly result in a more desirable environment and use of the land than would be possible under any other zoning classification. 2. The development and uses will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. Planning Commission Resolution No. 3601 PLN2004-114- 1815 S. Bascom Avenue-Zoning Classification Change from PD to C-PD Page 2 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 recommended General Plan land use designation of the property. 4. The proposed zoning classification change 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. 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. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval of a Zoning Classification Change (PLN2004-114) from PD (Planned Development) to C-PD (CondominiumIPlanned Development) Zoning District on property owned by Pang Brothers Investment Company located at 1815 S. Bascom Avenue in a PD (Planned Development) Zoning District. PASSED AND ADOPTED this 26th day of October, 2004, by the following roll call vote: AYES: Commissioners: Doorley, Francois, Gibbons, Hernandez, Rocha and Roseberry NOES: Commissioners: None ABSENT: Commissioners: Alderete ABSTAIN: Commissioners: None '--- fl APPROVED:C k~ Ge ATTEST: Sharon Fierro, Secretary