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PC Res 4706 RESOLUTION NO. 4706 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL GRANTING AN EXTENSION OF TIME EXTENDING THE APPROVAL PERIOD OF A PREVIOUSLY APPROVED SITE AND ARCHITECTURAL REVIEW PERMIT WITH A DENSITY BONUS AND TREE REMOVAL PERMIT THAT ALLOWS FOR THE CONSTRUCTION OF A THREE-STORY, 60-UNIT APARTMENT BUILDING WITHIN AN EXISTING 180-UNIT APARTMENT COMMUNITY (THE FRANCISCAN) LOCATED AT 601 ALMARIDA DRIVE, FOR AN ADDITIONAL TWO (2) YEARS. FILE NO.: PLN-2024-44 After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. The Planning Commission finds as follows with regard to the approval of an Extension of Time for the above-described project ("Approved Project"): Environmental Finding 1. The Approved Project was found to be categorically exempt from formal environmental review pursuant to Section 15332, Class 32, of the California Environmental Quality Act (CEQA), pertaining to infill development. Since the Extension of Time request does not include any substantial changes to the project, the Approved Project remains Categorically Exempt under CEQA. Evidentiary Findings 1. At its meeting of May 24, 2022, the Planning Commission adopted Resolution No. 4643, approving a Site and Architectural Review Permit with a Density Bonus request and Tree Removal Permit to allow the construction of a three-story, 60-unit apartment building within the existing 180-unit apartment community. 2. Pursuant to Campbell Municipal Code (CMC) Sec. 21.56.030.D.1, the Community Development Director granted a one-time Extension of Time extending the approval period of the Approved Project for one (1) year. 3. On December 19, 2022, an application for a building permit (BLD-2022-184) to construct to the Approved Project was received by the City. 4. Construction of high-density housing projects in California is currently limited due to unusual economic factors outside of the applicant's control, including high material cost, high labor cost, high interest rates, and tighter lending requirements. 5. The applicant cites "market conditions" as the basis for the extension requests. 6. Pursuant to CMC Sec. 21.56.030.C.3, subsequent requests for an Extension of Time shall be for a period of time that is deemed commensurate with the justification for the extension presented by the applicant. Planning Commission Resolution No. 4706 Page 2 PLN-2024-44 ~ Extension of Time 7. With the requested Extension of Time, the total approval period for the Approved Project would be four (4) years. 8. The Approved Project is a key "pipeline" project in the City's Housing Element necessary to satisfy the City's RHNA allocation, and if constructed would result in the creation of twenty (20) Very-Low-Income (VLI) below-market-rate units. 9. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. 10. No substantial evidence has been presented which shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. 11. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The applicant has established, with substantial evidence, that a good faith effort to fulfill all the requirements of the permit approval has been made. 2. The applicant has, furthermore, with substantial evidence, provided justification for extension of the permit. THEREFORE, BE IT RESOLVED that the Planning Commission grants an Extension of Time, extending the approval period of a previously approved Site and Architectural Review Permit with a Density Bonus and Tree Removal Permit that allows for the construction of a three- story, 60-unit apartment building within an existing 180-unit apartment community (The Franciscan) located at 601 Almarida Drive, for an additional two (2) years, expiring May 23, 2026, by which time a building permit must be must be issued pursuant to CMC Sec. 21.56.030.B.1 (Issuance of building permit), subject to the Conditions of Approval provided in Planning Commission Resolution No. 4643. PASSED AND ADOPTED this 14th day of May, 2024, by the following roll call vote: AYES: Commissioners: Zisser, Kamkar, Krey, Buchbinder, Majewski NOES: Commissioners: ABSENT: Commissioners: Ostrowski, Fields ABSTAIN: Commissioners: APPROVED: Alan Zisser, Chair ATTEST: Rob Eastwood, Secretary Alan Zisser (May 17, 2024 15:54 PDT)