PC Res 3613
RESOLUTION NO. 3613
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CAMPBELL RECOMMMENDING APPROVAL OF THE
REORGANIZATION OF TERRITORY DESIGNATED "CAMPBELL
ANNEXATION 2004-01" (CLASSICS AT EAST MOZART AVENUE) BEING
APROXIMATELY 16.902 ACRES (APN's 424-06-076, 424-06-106, 424-06-108
AND 424-04-083). CITY INITIATED APPLICATION. FILE NO.: PLN2004-
169.
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 PLN2004-169:
1. The City Council of the City of Campbell has received a request for annexation of territory
designated "Campbell Annexation 2004-01" (Classics at East Mozart Avenue) from the
County of Santa Clara.
2. The property, 16.902:i: acres on the north side of East Mozart Avenue between South Bascom
Avenue and Highway 17 (APN's 424-06-076, 424-06-106, 424-06-108, and 424-04-083) is
contiguous to the City of Campbell and is within its urban service area.
3. The following special districts would be affected by the proposed annexation: Central Fire
District and the County Lighting District.
4. Annexation would provide for use of the City of Campbell services.
5. This territory was pre-zoned on December 2, 2004, to City of Campbell Pre-Zone P-D
(Planned Development).
6. The City of Campbell, as Lead Agency for environmental review for the reorganization,
prepared an Initial Study and Mitigated Negative Declaration for the project in compliance
with CEQA laws and guidelines.
7. The County Surveyor of Santa Clara County has found the map and description (Exhibits "A"
and "B") to be in accordance with Government Code Section 56757, the boundaries to be
definite and certain, and the proposal to be in compliance with LAFCO's road annexation
policies.
8. As provided in Government Code Section 56757, the City Council ofthe City of Campbell shall
be conducting authority for a reorganization including an annexation to the City.
9. Said territory is uninhabited and all owners of such land included in the proposal have consented
to this annexation.
Planning Commission Resolution No. 3613
Campbell Annexation 2004-01 Classics at East Mozart Avenue
Page 2
10. Government Code Section 56663 (a) provides that if a petition for annexation is signed by all
owners of land within the affected territory the City Council may approve or disapprove the
annexation without public hearing.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval
of the reorganization of territory designated "Campbell Annexation 2004-01" (Classics at East
Mozart Avenue) being approximately 16.902 acres (APN's 424-06-076, 424-06-106, 424-06-108
and 424-04-083).
PASSED AND ADOPTED this 14h day of December, 2004, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Alderete, Doorley, Francois, Rocha and Roseberry
None
None
Gibbons
APPROVED:
ATTEST: ~~ y~
Sharon Fierro, Secretary