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Extension of Approval - Expired - 2009CITY of CAMPBELL City Clerk's Office November 5, Anthony Ho LPMD Architects 1288 Kifer Road 206 Sunnyvale, CA 9 08E Dear Mr. Ho: At the regular me ting of November 3, 2009, the Campbell City Council gave second reading to Ordinance 212 approving a two year extension of approval of the previously approved Planned Develo ment Permit to allow the construction of a mixed-use development consisting of 12 condominium units, 14,045 square feet of retail space and related parking/landscapi g facilities on property owned by Bascom Financial, LLC located at 1677 S. Bascom Ave ue in a C-PD (Condominium-Planned) Development zoning district, incorporating Findings, and subject to Conditions of Approval. A certified copy of Ordinance 2125 is enclose for your record and becomes effective thirty (30) days from date of adoption. Please note that i~he time within which judicial review of this action must be sought is governed by Secti ~n 1094.6 of the California Code of Civil Procedure, unless another statute (such as Californi Government Code Section 65009 or some other applicable provision of law) sets forth a ore specific time period. Please do not h ~;itate to contact this office (866-2117) or the Community Development Department (866- 140) should you have any questions regarding the City Council's action. Sincerely, Anne Bybee City Clerk cc: Kirk Heinrichs, Phil Boyce mmunity Development Director ORDINANCE NO. 2125 BEING CAMPE (PLN2C DEVEL MAP (F TO ALL CONSI; OF RE FACLIl' LOCAT (COND~ APPLIC ARCHI- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ELL GRANTING ATWO-YEAR EXTENSION OF APPROVAL ~9-78) FOR THE PREVIOUSLY APPROVED PLANNED :>PMENT PERMIT (PLN2006-128); TENTATIVE SUBDIVISION I_N2006-127); AND TREE REMOVAL PERMIT (PLN2006-129) ;)W THE CONSTRUCTION OF A MIXED-USE DEVELOPMENT STING OF 123 CONDOMINIUM UNITS, 14.045 SQUARE FEET TAIL SPACE AND RELATED PARKING/ LANDSCAPING ES ON PROPERTY OWNED BY BASCOM FINANCIAL, LLC, .D AT 1677 S. BASCOM AVENUE IN A C-PD }MINIUM-PLANNED DEVELOPMENT) ZONING DISTRICT. GTION OF MR. ANTHONY HO, ON BEHALF OF LPMD E=CTS. FILE NO.: PLN2009-78. After notification and public hearing, as specified by law and after presentation by the Community D velopment Director, proponents and opponents, the hearing was closed. After due con ideration of all evidence presented, the City Council did find as follows with respect to application PLN2009-78: 1. The unfore E'en collapse of the housing and lending markets has limited the ability of the applica 1: to successfully secure the finances necessary to begin construction of the appro ed project by the original Planned Development Permit/Tentative Subdivision Map/Tree Removal Permit expiration dates. 2. The propo ed mixed-use will result in a use that is consistent with the Commercia /Professional Office/Residential (up to 27 units per gross acres) General Plan land u e designation. 3. The propos~d mixed-use project is consistent with the C-PD (Condominium Planned Developme t) Zoning District. 4. The site pl n proposes the construction of one new four-story mixed-use building consisting o 14,045 square feet of retail space, 123 condominium units, 402 parking spaces, an .associated landscaping. 5. The project site consists of a 4.59 gross acre site, developed with 72,063 square feet of tots building coverage, 43,052 square feet of landscaping, and 59,547 square feet f paving (includes the courtyard, patios, and walkways). 6. The project rovides one parking space per each 200 square feet of retail floor area, for a total o '72 retail parking spaces, and 2.6 parking spaces per residential unit, or 330 residen ial parking spaces, for a total of 402 off-street parkinCC~~ s a eegg~~ THE FOREGOIN~INS~F~UMENT IS A TAUS AND CORRECT COPY OF THE OAIOM~IAL ON FlLE IN THIS OFFICE. ATTEST: ANNE BYBEE, CITY CLEAK R5-pF CAMrB CA v / ' ., ~` d11 `~ City Council rdinance PLN2009-78 -Extension of Approval -Planned Development Permit, Tentative Subdivision M p and Tree Removal Permit Paae 2 7. Land use surrounding the project site includes mixed commercial to the north, multi-famil residential to the south, mixed commercial to the east, and office buildings t the west. 8. The desig~ of the building utilizes varied, high quality building materials as architectur I treatments. 9. The projec~ is located within '/4 mile of the Vasona Light Rail Hamilton Station. 10. The projec~ site will generate approximately 1,398 daily trips. 11. Comparing the proposed land use with the existing land use, a net difference of an addition of 0 A.M. peak hour trips and an addition of 40 P.M. peak hour trips would occur. Bas d on the net difference of vehicle trips generated between the existing and propo ~d use, the addition of traffic generated by the proposed project will not result in sig ificant changes to the intersection Levels of Service (LOS). 12. The projec will not exceed, either individually or cumulatively, a LOS standard established by the Congestion Management Program for designated roads or highways. 13. A Mitigated P~egative Declaration was prepared for this project concluding that there are no sign'f'icant unmitigated impacts associated with this project, pursuant to the California E vironmental Quality Act (CEQA). Based upon th~ foregoing findings of fact, the City Council further finds and concludes that: 1. The applic nt has provided through a letter of request evidence that the applicant has made a clood faith effort to fulfill all the requirements of the permit approval. 2. The propos d development will result in a more desirable environment and use of the land tha would be possible under any other zoning classification. 3. The develo rnent will be compatible with the General Plan of the City and will aid in the harmoni us development of the immediate area. 4. The develo rnent will be compatible with the Zoning Code of the City. 5. The propos d development will not be detrimental to the health, safety or welfare of the neighbo hood or the City as a whole. 6. There is a reasonable relationship and a rough proportionality between the conditions o approval and the impacts of the project. City Council rdinance PLN2009-78 - E=xtension of Approval -Planned Development Permit, Tentative Subdivision M p and Tree Removal Permit Page 3 7. There is a reasonable relationship between the use of the fees imposed upon the project an the type of development project. SECTION ON :: That this Ordinance be adopted to approve atwo-year Extension of Approval (PL 2009-78) for the previously approved Planned Development Permit (PLN2006-12 ); Tentative Subdivision Map (PLN2006-127) and Tree Removal Permit (PLN2006-12 ) to allow the construction of a mixed-use development consisting of 123 condominium nits, 14,045 square feet of retail space and related parking/landscaping facilities on p aperty owned by Bascom Financial, LLC, located at 1677 S. Bascom Avenue in a C-PD (Condominium-Planned Development) Zoning District with the attached condi ions of approval (attached Exhibit A). SECTION TW >: This Ordinance shall become effective thirty (30) days following its passage and doption and shall be published, one time within fifteen (15) days upon passage and doption in the Campbell Express, a newspaper of general circulation in the City of Ca pbell, County of Santa Clara. PASSED AND ADOPTED this 3rd day of November 2009, by the following roll call vote: AYES: OUNCILMEMBERS: NOES: OUNCILMEMBERS: ABSENT: UUNCILMEMBERS: ABSTAIN: OUNCILMEMBERS: Kotowski, Furtado, Baker, Kennedy None None Low AP e P. Kennedy, Mayor ATTEST: he Bybee, City Clerk