PC Res 3467RESOLUTION NO 3467
BEING A RESOLUTION OF THE CITY OF CAMPBELL PLANNING
COMMISSION RECOMMENDING AN AMENDMENT OF THE LAND USE
ELEMENT OF THE GENERAL PLAN (PLN2002-40) CHANGING THE LAND
USE DESIGNATION OF PROPERTY OWNED BY U.S. TRUST COMPANY
AS TRUSTEE OF THE VECCHIOLI FAMILY TRUST LOCATED AT 1255-
1461 W. HACIENDA AVENUE FROM NEIGHBORHOOD COMMERCIAL
TO LOW DENSITY RESIDENTIAL (LESS THAN 4.5 UNITS PER GROSS
ACRE). APPLICATION OF MR. JLM SULLIVAN, ON BEHALF OF
BRADDOCK & LOGAN SERVICES, INC. FILE NO. PLN2002-40.
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 finds as follows
with respect to application PLN2002-40:
The project site covers a 6.66 net acre area and is located on the northwest corner of West
Hacienda Avenue and South San Tomas Aquino Road in the San Tomas Area Neighborhood.
The project consists of the development of 30 new single-family residential units on 9,000
square foot or greater lots.
2. The proposed land use designation of Low Density Residential, less than 4.5 units per gross
acre, establishes a desirable land use pattern in this neighborhood.
3. The proposed project would be developed at a density of 3.4 units per gross acre, which is
below the maximum density allowed under the proposed land use designation.
The requested land use designation change would establish a land use designation that is
consistent with land use designation of surrounding properties to the north, west and east of
the project site.
The requested amendment is consistent with the San Tomas Neighborhood Plan Policy No.
L-1 that stipulates that the proposed land use designation should be at least equal to the
predominate general plan land use designation and zoning classification of parcels
contiguous to or direct across a public fight-of-way from the subject site.
The applicant was asked to provide a retail market analysis as part of the General Plan
Amendment application. The findings of the report are that a neighborhood commercial use
would be at a disadvantage in competing with other existing retail centers located within the
area due to the site location on a residential collector, not a commercial/industrial collector
or arterial, and the lack of market demand for commercial space in the immediate area. This
report has been included as an attachment.
Planning Commission Resolution No. 3467
PLN2002-40 - 1255-1461 W. Hacienda Avenue - General Plan Amendment
Page 2
The proposed land use amendment is consistent with other General Plan Elements as follows:
a. The residential designation allows the creation of additional housing stock and furthers
the objectives of the Housing Element by diversifying available housing stock.
b. The intensity of development is supported by the existing circulation system and is
consistent with the Circulation Element.
c. The project site is so situated that it is located within a half-mile of open space, parks,
and recreational facilities furthering the Open Space goals of the community.
d. The proposed land use designation change is consistent with the San Tomas
Neighborhood Plan.
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The proposed development will result in a more desirable environment and use of the land
than would be possible under any other General Plan Land Use Designation.
2. The 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 General Plan Land Use Designation change will not be detrimental to the
health, safety or welfare of the neighborhood or the City as a whole.
4. There is a reasonable relationship and a rough proportionality between the Conditions of
Approval and the impacts of the project.
5. There is a reasonable relationship between the use of the fees imposed upon the project and
the type of development project.
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.
Passed and adopted this 22nd day of October, 2002, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
Alderete, Doorley, Francois, Jones and Rocha
Gibbons
Hernandez
None
APPROVED B Y:e~I~YD~~ Tom Francois, Chair