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Reinstatement - 2002October 23, 2002 Kirk Heinrichs Redevelopment Manager City of Campbell 70 N. First Street Campbell, CA 95008 Re: PLN2002-108 - 175-201 E. Campbell Avenue ReinstatementlExtension of Approval for PLN2001-82 Dear Applicant: Please be advised that the Planning Commission, at its meeting of October 22, 2002, adopted Resolution No. 3465 granting a ReinstatementlExtension of Approval (PLN2002-108) to a previously approved Site and Architectural Review Permit (PLN2001-82) to allow the construction of a two-story retail/office building of 30,050 square feet on the above referenced property. This action is effective in ten calendar days, unless appealed in writing to the City Clerk by 5 p.m. on Friday, November 1, 2002. California Code of Civil Procedure, Section 1094.6, governs the time within which judicial review of this decision must be sought. If you have any questions, please do not hesitate to contact me at (408) 866-2140. Sincerely, ~~ Tim J. Haley Associate Planner 70 North First Street . Campbell,California95008-1436. TEL 408.866.2140 . FAX408.871.5140. TDD408.866.2790 RESOLUTION NO. 3465 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL GRANTING A REINST A TEMENTIEXTENSION OF APPROVAL (pLN2002-108) OF A PREVIOUSLY APPROVED SITE AND ARCHITECTURAL REVIEW PERMIT (PLN2001-82) TO ALLOW THE CONSTRUCTION OF A TWO-STORY RETAIIJOFFICE BUILDING OF 30,050 SQUARE FEET ON PROPERTY OWNED BY THE CAMPBELL REDEVELOPMENT AGENCY LOCATED AT 175- 201 E. CAMPBELL A VENUE IN THE C-3-S (CENTRAL BUSINESS DISTRICT) ZONING DISTRICT. APPLICATION OF THE CAMPBELL REDEVELOPMENT AGENCY. FILE NO. PLN2002-108. 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 PLN2002-108: 1. There have been no changes in the General Plan and the zoning of the property since the previous approval of the project. 2. There have been no changes in the development standards or regulations that would warrant change to the conditions of approval, other than the request for an extension of time. 3. The applicant is requesting the extension of time to facilitate the completion of the project. 4. There have been no changes in the proposed project other than the request for an Extension of Time and a the project applicant. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed project is consistent with the General Plan and the local zoning ordinance. 2. The proposed project as conditioned will aid in the harmonious development of the immediate area. 3. The establishment, maintenance or operation of the use applied for will not be detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. 4. The Extension of time to the Site and Architectural Review Permit (PLN 2002-108) for this project is for a period of two-years from the date of the Planning Commission approval. Planning Commission Resolution No. 3465 PLN2002-108 - ReinstatementlExtension of Approval for PLN2001-82 175-201 E. Campbell Avenue Page 2 5. The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic the proposed use would generate. 6. The proposed site is adequate in size and shape to accommodate the proposed project and will integrate well with the existing uses in the surrounding area. 7. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. 8. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission grants a ReinstatementlExtension of Approval (pLN2002-108) of a previously approved Site and Architectural Review Permit (PLN2001-82) to allow the construction of a two-story retail/office building of 30,050 square feet on property owned by the Campbell Redevelopment Agency located at 175-201 E. Campbell A venue, subject to the following conditions: 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. Development Approval Expiration: Approval is granted for a two year Extension (PLN2002- 108) for a previously approved Site and Architectural Review Permit (PLN 2001-82) to allow the development of a two-story, 30,050 square foot mixed use retail/office building on property located at 175-201 East Campbell A venue. The Extension of Time for the Site and Architectural Review Permit is valid for a period of two years from the Planning Commission's effective approval date and will expire on November 1,2004. 2. Previous Conditions: All conditions of approval of the previously approved Site and Architectural Review Permit (PLN 2001-82) as approved by Planning Commission Resolution No. 3372 and City Council Resolution No. 9928 shall remain in effect, except for the modification to the project approval's expiration and the name of the project applicant. Planning Commission Resolution No. 3465 PLN2002-108 - ReinstatementlExtension of Approval for PLN2001-82 175-201 E. Campbell Avenue Page 3 PASSED AND ADOPTED this 22nd day of October, 2002, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Alderete, Doorley, Francois, Gibbons, Jones and Rocha None ~~:andez ~ APPROVED: ~ ~ a;d CanCOiS. Chair ATTEST: Ab i~ Sharon Fierro, Secretary ITEM NO.1 CAMPBELL 0P STAFF REPORT - PLANNING COMMISSION MEETING OF October 22, 2002 PLN2002-108 Campbell Redevelopment Agency Public Hearing to consider the application of the Campbell Redevelopment Agency, for approval of a ReinstatementlExtension of Approval (PLN2002-108) of a previously approved Site and Architectural Approval (PLN 2001-82) to allow the construction of a two-story retail/office building of 30,050 square feet on property located at 175-201 East Campbell Avenue in the C-3-S (Central Business District) Zoning District. STAFF RECOMMENDATION That the Planning Commission take the following action: 1. Adopt a Resolution, incorporating the attached findings, approving a reinstatement and two year extension of approval (PLN2002-108) to a previously approved Site and Architectural Approval (PLN 2001-82) to allow the construction of a two-story retail/office building of 30,050 square feet on property located at 175-201 East Campbell Avenue, subject to the previous conditions of approval. ENVIRONMENTAL DETERMINATION In accordance with CEQA, the City conducted an Initial Study for this project. The results of the study determined that no significant impacts would be created as a result of this project. Based upon the information provided in the environmental assessment, the Planning Commission previously adopted a Negative Declaration for this project. The Initial Study and the findings in support of the Negative Declaration are included as an attachment to this report. Mitigation measures regarding lighting, noise and construction activities have been incorporated into the conditions of approval. PROJECT DATA Gross Lot Area: Net Lot Area: .84 acres (36,655 square feet) .56 acres (24,742 square feet) SITE UTILIZATION Building Coverage: Paving Coverage: Landscaping Coverage: 15,365 square feet (62 %) 6,357 square feet (26 %) 3,020 square feet (12%) Staff Report- Planning Commission Meeting of October 22, 2002 PLN 2002-108 -175 -201 East Campbell Avenue Page 2 Building square footage: First floor Second floor 15,025 square feet 15,025 square feet Floor Area Ratio (FAR): 1.21 Parking Required: 39 spaces office 1:385@ 15,025 gross square feet 50 spaces retaill:300@ 15,025 gross square feet 89 spaces Provided: This development was proposed subject to the approval of an entitlement provided in the Disposition and Development Agreement between the Redevelopment Agency and Green Valley Corporation (dba Barry Swenson Builder). The Redevelopment Agency will maintain a provision of an in-lieu parking fee for the use of the adjacent public parking structure in subsequent provisions of a Disposition and Development Agreement for this site. Surrounding Uses: North: Parking Structure South: Commercial- Stoddard's Restaurant and Banquet East: Commercial - Funeral Home West: Commercial - Two story office building and mixed use development DISCUSSION Background: The City of Campbell Redevelopment Agency entered into a Disposition and Development Agreement (DDA) with Green Valley Corporation (dba Barry Swenson Builders) in February 2001. This agreement has expired, however, the Redevelopment Agency is continuing negotiations with Barry Swenson Builders regarding the development of this site. The agreement provided for the private development of a two story 30,050 mixed-use commercial building on the project site. Applicant's Proposal: The Redevelopment Agency as both the property owner and applicant is requesting approval of a two year Extension to the previous Site and Architectural Permit application (PLN 2002-108) to maintain this entitlement. This approval expired on September 7, 2002. A copy of the previous Staff Report and Planning Commission Minutes is attached. On January 17, 2002, Building Swenson Builders, submitted plans for to the Building Division for Plan Check, however, they did not secure Building Permits due to economic conditions. The Staff Report- Planning Commission Meeting of October 22, 2002 PLN 2002-108 -175 -201 East Campbell Avenue Page 3 Redevelopment Agency terminated the Disposition and Development Agreement with Green Valley Corporation dba Barry Swenson Builders on August 6,2002. ANAL YSIS Extension of the Site and Architectural Review Permit: The application for the Extension of time to the previously approved Site and Architectural Approval (PLN 2001-82) does not entail any revisions to the previously approved plans. Site and Architectural Review Committee: The Site and Architectural Review Committee did not review this application given that the applications entail only a request for an Extension of time to the previously approved Site and Architectural Review Permit and a change in the project applicant. No other changes are requested of the previous approvals. Attachments: 1. Findings for Approval- ReinstatementlExtension (PLN2002-108) to a Site and Architectural Approval (PLN 2001-82) 2. Conditions of Approval- ReinstatementlExtension (PLN2002-108) to the Site and Architectural Approval (PLN 2001-82) 3. Applicant's Letter of Request dated September 6,2002. 4. Planning Commission Resolution No. 3372 (Site and Architectural Approval) and Minutes 5. City Council Resolution No. 9928 (Parking Adjustment) 6. Planning Commission Staff Report - August 28,2001 7. Exhibits 8. Location Map ~l~Planner Prepared by: Approved b . t ey, Senior Planner ~~.O~ . CAII1/-)(9 !:::: ~ u r- . . -' '" '5- ... ~ c,'" . O~CH ,...\to" CAMPBELL c: o CITY OF CAMPBELL Community Development Department October 11, 2002 NOTICE OF PUBLIC HEARING (Please see corrected location map on reverse) Notice is hereby given that the Planning Commission of the City of Campbell has set the time of 7:30 p.m., or shortly .thereafter, on Tuesday, October 22, 2002, in the City Hall Council Chambers, 70 North First Street, Campbell, California, for a Public Hearing to consider the application of the Redevelopment Agency for the City of Campbell for approval of a ReinstatementlExtension of Approval (PLN2002-108) of a previously-approved Site and Architectural Permit (PLN2001-82) to allow the construction of a two-story retail/office building of 30,050 square feet on property located at 175-201 E. Campbell A venue in the C-3-S (Central Business District) Zoning District. A Negative Declaration was previously prepared for this project. Interested persons may appear and be heard at this hearing. Please be advised that if you challenge the nature of the above project in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this Notice, or in written correspondence delivered to the City of Campbell Planning Commission at, or prior to, the Public Hearing. Questions may be addressed to the Community Development Department at (408) 866-2140. Decisions of the Planning Commission may be appealed to the City Council. Appeals must be submitted to the City Clerk in writing within 10 calendar days of an action by the Commission. In compliance with the Americans with Disabilities Act, listening assistive devices are available for all meetings held in the Council Chambers. If you require accommodation, please contact the Community Development Department at (408) 866-2140, at least one week in advance of the meeting. PLANNING COMMISSION CITY OF CAMPBELL SHARON FIERRO SECRETARY PLEASE NOTE: When calling about this Notice, please refer to File No. PLN2002-108 Address: 175-201 E. Campbell Avenue 70 North First Street. Campbell, California 95008-1436 . TEL 408.866.2140 . FAX 408.871.5140 . TOD 408.866.2790