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CC Ordinance 2110 ORDINANCE NO. 2110 BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL GRANTING AN EXTENSION OF APPROVAL (PLN2008- 74) FROM DECEMBER 11, 2008, TO JUNE 11, 2011, OF A PREVIOUSLY APPROVED EXTENSION FOR A PLANNED DEVELOPMENT PERMIT (PLN2005-155) FOR A 162 ROOM HOTEL, 170,000 SQUARE FOOT OFFICE BUILDING AND TWO PARKING STRUCTURES ON PROPERTY OWNED BY CREEKSIDE OFFICE CENTER, LLC, LOCATED AT 649 CREEKSIDE WAY IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT. 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 City Council did find as follows with respect to application PLN2008-74. 1. The proposed project is located on property designated as a Commercial and Public- Semi Public Land Use on the Land Use Element of the General Plan and is zoned P-D (Planned Development). 2. The proposed office and hotel use is consistent with the Land Use Element of the General Plan. 3. The Planned Development Permit to allow a 170,000 square foot office building and two multi-level parking structures square foot is consistent with the Land Use Element of the General Plan. 4. The proposed office, as conditioned, is well designed and architecturally compatible with other developments in the surrounding area and is consistent with the development standards for commercial uses. 5. The proposed project is compatible with the commercial uses in this neighborhood. 6. The proposed project is conditioned to prepare a landscaping plan that will require the installation of landscaping on the project site to mitigate removal of existing trees and provide an attractive landscaping concept that incorporates a variety of landscaping materials and pavement treatments to enhance the project. The landscape plan will incorporate landscaping plantings that will buffer the building mass toward public right- of-ways. 7. The proposed project illustrates the provision of 964 parking stalls thus providing adequate parking for the existing and proposed office/hotel uses based upon the parking analysis and concepts of share parking and varied parking demands. City Council Ordinance PLN2008-74 - 649 Creekside Way - Extension of Approval to June 11,2011 Page 2 8. The project, as conditioned, addresses the pedestrian and vehicular needs of the proposed project and addresses the anticipated traffic impacts of the development. The required improvements are proportional to and related to the additional traffic generated by the proposed project. 9. The removal of the existing trees on-site is necessary as it restricts the economic enjoyment of the property and creates an unusual hardship for the property owner to develop the project as proposed without their removal. 10. An initial study was prepared for this project and no significant environmental impacts were found and a Mitigated Negative Declaration was adopted. Based upon the foregoing findings of fact, the City Council further finds and concludes that: 1. The proposed development and uses clearly will result in a more desirable environment and use of the land than would be possible under any other zoning classification. 2. The development and uses will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. 3. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. 4. 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. 5. No evidence has been presented which shows that the project will have a substantial impact on plant or animal life. After due consideration of all evidence presented, the City Council of the City of Campbell does ordain as follows: SECTION ONE: That this Ordinance be adopted to approve an Extension of Approval (PLN2008-74) from December 11, 2008, to June 11, 2011, of a previously approved extension for Planned Development Permit (PLN2005-155) for a 162 room hotel, 170,000 square foot office building and two parking structures on property owned by Creekside Office Center, LLC, located at 659 Creekside Way in a P-D (Planned Development) Zoning District subject to the conditions of approval (per attached Exhibit A). City Council Ordinance PLN2008-74 - 649 Creekside Way - Extension of Approval to June 11,2011 Page 3 SECTION TWO: This Ordinance shall become effective thirty (30) days following its passage and adoption and shall be published, one time within fifteen (15) days upon passage and adoption in the Campbell Express, a newspaper of general circulation in the City of Campbell, County of Santa Clara. PASSED AND ADOPTED this 5th day of August ,2008, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: APPROVF.g~:-~ Donald R. Burr, Mayor Furtado, Kennedy, Low, Hernandez, Burr None None None ATTEST: Exhibit A PLN2008-74 - 649 Creekside Way - Extension of Approval to June 11,2011 Page 1 Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations and accepted engineering practices for the item under review. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified. COMMUNITY DEVELOPMENT DEPARTMENT 1. Declaration of Acceptance of All Conditions: Within thirty (30) days of Council approval the applicant shall file with the City Clerk a Declaration of Acceptance of all conditions. Until said Declaration is filed, the proposed Planned Development Permit shall not be valid for any permits sought from the City. 2. Approved Proiect: Approval is granted to construct an office development including a 162 room hotel, 170,000 square foot office building and two related parking structures on properties located at 649 Creekside Way. The building and site design shall substantially conform to the site plan and elevations prepared by Gensler, Architect, dated July 25, 2000 and September 25, 1998, consisting of 17 sheets, except as may be modified by the Conditions of Approval herein. 3. Performance: The applicant or his successor shall meet the following performance standards to vest construction rights under the Planned Development Permit: A. The applicant or his successor shall comply with the following milestones to demonstrate progress in obtaining entitlements and building permits: 1) Commence informal meetings with Planning and Redevelopment in evaluating new site plans and architectural elevations to be completed by December 31, 2008. 2) An application for modifying the architectural and project design and modification to the Planned Development Permit shall be submitted by June 30, 2009. 3) The applicant or his successor shall proceed to secure entitlements by December 30,2009. 4) Building and Encroachment Permit applications shall be filed for construction plans and off-site improvement plans by January 1, 2011. 5) Building and Encroachment Permit applications shall be secured by April 1, 2011. B. The applicant or his successor shall have paid building permit fees and shall have the first standard inspections for the foundation forms and footings passed by the Building Division for the office development prior to June 11,2011. Exhibit A PLN2008-74 - 649 Creekside Way - Extension of Approval to June 11,2011 Page 2 4. Ordinance No. 2078: All conditions of approval provided in City Council Ordinance No. 2078 shall remain in effect except for Conditions 2, 3 and 47 as amended by this approval. 5. Fee Payment: The applicant has offered to pay $208,000.00 for the Campisi Way Extension and $50,000.00 for traffic mitigation measures as good faith commitment to proceed with the development of an office use on this site. Such payment shall be made within 30 days after approval of this extension.