PC Res 4023RESOLUTION NO. 4023
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL RECOMMENDING THAT THE CITY
COUNCIL ADOPT A RESOLUTION APPROVING A NEGATIVE
DECLARATION AND ADOPT AN ORDINANCE APPROVING A
TEXT AMENDMENT TO AMEND THE CAMPBELL ZONING
CODE (CHAPTER 21.02 -INTERPRETATION OF PROVISIONS;
CHAPTER 21.10 -COMMERCIAL AND INDUSTRIAL DISTRICTS;
CHAPTER 21.28 -PARKING AND LOADING; CHAPTER 21.38 -
APPLICATION FILING, PROCESSING AND FEES; CHAPTER
21.62 -APPEALS; CHAPTER 21.71 - ADMINISTATIVE DECISION
PROCESS; CHAPTER 21.72 -DEFINITIONS) TO REVISE CITY
PARKING REQUIREMENTS AND RELATED STANDARDS.
FILE NO: PLN2009-35
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 PLN2009-35.
Environmental Findings
An Initial Study the City conducted for this project which provides documentation for
the factual basis for concluding that a Negative Declaration may be adopted since
no substantial evidence exists, in light of the whole record, that the project may have
a significant effect on the environment.
2. The project consists of a Text Amendment pertaining to City parking requirements
and related standards, amending the Campbell Zoning Code (Chapter 21.02 -
Interpretation of Provisions; Chapter 21.10 -Commercial and Industrial Districts;
Chapter 21.28 -Parking and Loading; Chapter 21.36 - .Provisions Applying to
Special Uses; Chapter 21.38 -Application Filing, Processing, and Fees; Chapter
21.62 -Appeals; Chapter 21.71 -Administrative Decision Process; Chapter 21.72 -
Definitions).
3. The Negative Declaration describes the reasons that the proposed Text Amendment
project will not have a significant effect on the environment and therefore does not
require the preparation of an Environmental Impact Report, pursuant to the
California Environmental Quality Act Guidelines.
4. There are no responsible agencies or trustee agencies responsible for resources
affected by the text amendment project.
5. The City of Campbell provided a Notice of Intent to adopt a Negative Declaration to
the public via the Campbell Express and the County Clerk.
Planning Commission Resolution No. 4023
PLN2009-35 -Recommending Approval of a Text Amendment and Negative Declaration
Page 2
6. The City of Campbell provided a 20-day public review period of the draft Negative
Declaration pursuant to the California Environmental Quality Act Guidelines. The 20-day
public review period was between April 6, 2011, and April 26, 2011.
7. The Negative Declaration reflects the independent judgment and analysis of the Planning
Commission.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. No substantial evidence has been presented from which a reasonable argument could be
made that shows that the project, as currently presented, will have a significant adverse
impact on the environment.
2. The Custodian of the Record for the Negative Declaration and Initial Study is the City
Clerk of the City of Campbell, located at 70 North First Street, Campbell, California
Evidentiary Finding
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. A Negative Declaration has been prepared for this project concluding that there are no
significant environmental impacts associated with this project, pursuant to the California
Environmental Quality Act (CEQA).
Zone Text Amendment Findings (CMC Sec. 21.60.070 B1 and 2)
1. The proposed amendment is consistent with the goals, policies, and actions of the
General Plan;
2. The proposed amendment would not be detrimental to the public interest, health, safety,
convenience, or general welfare of the city; and
3. The proposed amendment is internally consistent with other applicable provisions of this
Zoning Code.
Planning Commission Resolution No. 4023
PLN2009-35 -Recommending Approval of a
Page 3
Text Amendment and Negative Declaration
THEREFORE, BE IT RESOLVED that the Planning Commission recommends that the City
Council adopt an Ordinance approving a Text Amendment (PLN2009-35) to amend the
Campbell Zoning Code as set forth in Exhibit A and adopt a Negative Declaration per
attached Exhibit B.
PASSED AND ADOPTED this 26t" day of April, 2011, by the following roll call vote:
AYES: Commissioners: Alster, Brennan, Resnikoff and Roseberry
NOES: Commissioners: Ebner
ABSENT: Commissioners: Reynolds
ABSTAIN: Commissioners: Gibbons
APPROVED: ~/~ -.~,.~
Bob Roseberry, it
ATTEST: •--
Kir inrich Secretary