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Resolution - Rezoning from PD to PD

City Council and Authorities Concurrent
October 10, 2023

Document
Resolution - Rezoning from PD to PD
Meeting
October 10, 2023
Body
City Council and Authorities Concurrent
Original file
58 KB
Text extracted from the city's file for reading and search. Open the original on santaclara.legistar1.com. That file is the official record.

RESOLUTION NO. __________
A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA APPROVING A REZONING FROM PD – PLANNED DEVELOPMENT TO PD - PLANNED DEVELOPMENT OF THE PROPERTY LOCATED AT 1485 BELLOMY STREET, SANTA CLARA, CALIFORNIA PLN22-00088 (Rezoning)
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

WHEREAS, on February 17, 2022, Giovanni and Priscilla Bui (“Applicant”) applied for a Rezoning from PD-Planned Development to PD-Planned Development for an 3,833 square foot parcel, located on the north side of Bellomy Street, approximately 50 feet east of Jefferson Street (“Project Site”); WHEREAS, the Project Site is currently zoned as PD-Planned Development; WHEREAS, in order to implement the proposed development, the Project Site requires a Rezoning to Planned Development to amend the existing Planned Development to add more than 500 square feet and more than three bedrooms, which is not permitted under the current PD Zoning; WHEREAS, the property owner proposes a 615 square foot first-floor addition and 1,008 square foot second-floor addition that would result in a 2,291 square foot single-family residence with four bedrooms and three and a half bathrooms with the existing one-car garage to remain (“Project”) as shown on the Development Plans, attached by reference herein as Exhibit “Development Plans”; WHEREAS, the actions being considered are categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301(e)(2) (Class 1 -- Existing Facilities), in that the activity consists of the addition to an existing structure that (1) will not result in an increase of more than 10,000 square feet, (2) the project is in an area where all public services and facilities are available, and (3) the area in which the project is located is not environmentally sensitive. Here, the project is adding 1,623 square feet to an existing single-family residence in an established residential neighborhood; WHEREAS, the Project was reviewed and recommended for denial by the Historical and Landmarks Commission at the regular Historical and Landmarks Commission meeting on February 2, 2023; WHEREAS, the Project was reviewed and recommended for approval of the Rezone by the Planning Commission on August 23, 2023; WHEREAS, on September 29, 2023, a notice of the public hearing on this item was posted in three conspicuous locations within 300 feet of the project site and mailed to property owners within 300 feet of the project site; and WHEREAS, on October 10, 2023, the City Council held a duly noticed public hearing to consider the Rezoning and Architectural Approval, at which time all interested persons were given an opportunity to provide testimony and present evidence, both in support of and in opposition to the proposed rezoning.

NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

1. That the City Council hereby finds that the above Recitals are true and correct and by this reference makes them a part hereof.

2. That the City Council hereby rezones the Project Site, as shown on Exhibit “Development Plans” and conditioned in Exhibit “Conditions of Approval”, incorporated herein by this reference, from PD-Planned Development to an amended Planned Development zoning designation, to add a 615 square foot first-floor addition and 1,008 square foot second-floor addition that would result in a 2,291 square foot single-family residence with four bedrooms and three and a half bathrooms with the existing one-car garage to remain.

3. Pursuant to SCCC Section 18.112.010, the City Council determines that the following findings exist in support of the rezoning:

A. The existing zoning is inappropriate or inequitable, in that the existing zoning for the project site would limit the creation of housing development to under 500 square feet and maximum of three bedrooms.

B. The proposed zone change will conserve property values, protect or improve the existing character and stability of the area in question, and will promote the orderly and beneficial development of such area in that the proposed project would increase property values with an addition of over 500 square feet while maintaining similar architectural features and a two-story height, similar to other single-family residences within the immediate neighborhood.

C. The proposed zone change is required by public necessity, public convenience, or the general welfare of the City in that the proposed zone change would facilitate the maintenance and preservation of the existing house on the Project Site in proximity to transit facilities along Lincoln Street and Monroe Street.

D. The proposed zone change would allow imaginative planning and design concepts to be utilized that would otherwise be restricted in other zoning districts, in that the proposed zone change would facilitate the expansion in a manner that complies with the policies and intent of the Single-family Zoning District and the General Plan envisioned for this area. ///
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4. Effective date. This resolution shall become effective immediately.

I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED AND ADOPTED BY THE CITY COUNCIL AT A REGULAR MEETING THEREOF HELD ON THE 10th DAY OF OCTOBER, 2023 BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST:

NORA PIMENTAL, MMC

ASSISTANT CITY CLERK
Attachments Incorporated by Reference:

1. Conditions of Approval – Rezone and Architectural Review

2. Development Plans
Resolution/ 1485 Bellomy Street - Rezone Page PAGE 4 of 4 Rev. Rev: 11/22/17

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