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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