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PC Res 3931RESOLUTION NO. 3931 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A ZONE CHANGE (PLN2007-172) FROM P-D (PLANNED DEVELOPMENT) TO C-PD (CONDOMINIUM PLANNED DEVELOPMENT) ON PROPERTY OWNED BY ALVIN B. CHAN, INC., LOCATED AT 651, 655 & 671 W. HAMILTON AVENUE. 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 PLN2007-172: 1. The proposed C-PD zoning designation is consistent with the current Commercial/Professional Office/Residential (Up to 27 units per gross acre) General Plan land use designation for the property: 2. The proposed density of 22.83 units per gross acre is less the maximum allowed density of 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 108 unit condominium dwelling could be constructed on the project site, if all other development standards of the Condominium Planned Development (C-PD) are satisfied. 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. 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. 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. Planning Commission Resolution No. 3931 PLN2007-172 -651, 655 & 671 W. Hamilton Avenue Recommending Approval of a Zone Change from P-D to C-PD Page 2 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. THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval of a Zone Change (PLN2007-172) from P-D (Planned Development) to C-PD (Condominium Planned Development) on property owned by Alvin B. Chan, Inc., located at 651, 655 & 671 W. Hamilton Avenue. PASSED AND ADOPTED this 10th day of February, 2009, by the following roll call vote: AYES: Commissioners: Alderete, Alster, Ebner, Gairaud, Gibbons, and Rocha NOES: Commissioners: None ABSENT: Commissioners: Roseberry ABSTAIN: Commissioners: None APPROVED: Mark Eb r, Chai ATTEST: Ciddy Worde ,Acting Secretary Exhibit A Zoning Change Map VALLEY FORGE WY N~L ~ ~ ~ r_ S MERRIMAC DR Project Site [~ 0 0 D 2 O z ~ > ~ a Z J J W LLI J J GALE DR Project Location: 651/655/671 W. Hamilton Ave. ~,~` c""'A°~~r Planning File No.: PLN2007-172 ~: Action Type: ~°R°~~°`°~ P-D (Planned Development) to C-PD (Condo. Planned Development) A