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PC Res 3957RESOLUTION NO. 3957 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING THAT COUNCIL ADOPT A TEXT AMENDMENT (PLN2009-89) TO AMEND CAMPBELL ZONING ORDINANCE SECTIONS 21.10.070 (CONTROLLED MANUFACTURING ZONING DISTRICT) AND 21.72.020 (DEFINITIONS) TO ALLOW A SPECIALTY HOSPITAL USE AS A CONDITIONAL USE. FILE NO.: PLN2009-89. 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 PLN2009-89: 1. The legislature of the State of California has, in Government Code Sections 65302, 65560 and 65800, conferred upon local government units authority to adopt regulations designed to promote the public health, safety and general welfare of its citizenry; and 2. The City of Campbell recognizes the importance of promoting the public health, safety and general welfare, and providing adequate locations for the establishment of health service uses that serve the community. 3. The proposed Text Amendment modifications of Zoning Code Sections 21.10.070 (Controlled Manufacturing Zoning District) and Section 21.72.020 (Definitions) are exempt under Section 15061(b)(3) of the California Environmental Quality Act (CEQA). The activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed text amendment is consistent with the intent and purposes of the Zoning Code, which is to encourage the most appropriate use of land throughout the city; to stabilize and conserve the value of property; to provide adequate light, air and reasonable access; to secure safety from fire and other dangers; to prevent overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision for transportation, water, sewerage, schools, parks and other public health, safety, peace, morals, comfort, and welfare, all in accordance with a comprehensive Zoning Code and General Plan; and Planning Commission Resolution No. 3957 PLN2009-89 - Recommending a Text Amendment to Sections 21.10.070 & 21.72.020 Page 2 2. The proposed Zoning Code Text Amendment is internally consistent with other applicable provisions of the Zoning Code; and, 3. The proposed Zoning Code Text Amendment would not be detrimental to the public interest, health, safety, convenience, or general welfare of the city. THEREFORE, BE IT RESOLVED that the Planning Commission recommends that Council adopt a Text Amendment to amend Campbell Zoning Ordinance Sections 21.10.070 (Controlled Manufacturing Zoning District) and 21.72.020 (Definitions) to allow a specialty hospital use as a conditional use. PASSED AND ADOPTED this 11th day of August, 2009, by the following roll call vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: Alderete, Ebner, Gairaud, Gibbons and Roseberry None Alster and Rocha None APPROVED: ATTEST: ~ Paul Ker o n, Secretary