Extension - 2008MEMORANDUM
To: Tim Haley
Associate Planner, Community Development Dept.
From: J Hemsley
e uty City Clerk
Date: ~/Ia~rch 21, 2008
Subject: Reinstatement/Extension of Approval (PLN 2008-31) of a previously
approved Planned Development Permit (PLN 2003-149) - 54 9 W.
Rincon Avenue - Que Nader
At the regular meeting of March 18, 2008, the City Council held a public hearing to
consider the application of Mr. Que Nader, on behalf of Graystone Development, Inc.,
for aReinstatement/Extension of Approval (PLN 2008-31) of a previously approved
Planned Development Permit (PLN 2003-149) to allow the construction of four
townhome units on property owned by Graystone Development, Inc. located at 549 W.
Rincon Avenue in a Planned Development Zoning District.
After hearing public testimony, and following City Council discussion and deliberation,
the City Council took the following joint action:
Adopted Resolution No. 10890 approving aReinstatement/Extension of
Approval (PLN 2008-31) of a previously approved Planned Development Permit
(PLN 2003-149) to allow the construction of four townhome units on property
owned by Graystone Development, Inc., located at 549 W. Rincon Avenue in a
Planned Development Zoning District, incorporating findings and subject to the
Conditions of Approval.
A certified copy of the above mentioned Resolution is attached for your records.
Attachment:
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CITY of CAMPBELL
Citv Clerk`s Office
March 21, 2008
Mr. Que Nader
Graystone Development, Inc.,
P O Box 3209
Saratoga, CA 95070
Dear Mr. Nader:
At the regular meeting of March 18, 2008, the Campbell City Council held a public hearing to
consider your application, on behalf of Graystone Development, Inc., for a
Reinstatement/Extension of Approval (PLN 2008-31) of apreviously-approved Plarmed
Development Permit (PLN 2003-149) to allow the construction of four townhome units on
property located at 549 W . Rincon Avenue, in a Planned Development Zoning District.
After hearing public testimony, and following City Council discussion and deliberation, the
City Council adopted Resolution No. 10890 approving aReinstatement/Extension of Approval
(PLN 2008-31) of apreviously-approved Planned Development Permit (PLN 2003-149) to
allow the construction of four townhome units on property owned by Graystone Development
Inc. , located at 549 W . Rincon Avenue, in a Planned Development Zoning District,
incorporating findings and subject to the Conditions of Approval.
Please note that this Reinstatement/Extension of Approval will expire on June 20, 2008. A
certified copy of Resolution No. 10890 is enclosed for your records.
Please do not hesitate to contact this office (866-2117) or Tim Haley, Associate Planner,
should you have any questions in regard to the City Council's action.
Sincerely,
.~ %` ,!~
r
Anne Bybee
City Clerk
Attachment:
cc. Tim Haley, Associate Planner, Comm. Develop. Dept.
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RESOLUTION NO. 10800
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL APPROVING A REINSTATEMENT/EXTENSION OF
APPROVAL (PLN2008-31) OF APREVIOUSLY-APPROVED PLANNED
DEVELOPMENT PERMIT (PLN2003-149) TO ALLOW THE
CONSTRUCTION OF FOUR TOWNHOME UNITS ON PROPERTY
OWNED BY GRAYSTONE DEVELOPMENT, INC., LOCATED UP 549
W. RINCON AVENUE IN A P-D (PLANNED DEVELOPMENT) ZONING
DISTRICT. APPLICATION OF MR. QUE NADER, ON BEHALF OF
GRAYSTONE DEVELOPMENT, INC. FILE NO.: PLN2008-31.
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 PLN2008-31.
1. There have been no changes in the project plans, site, physical environmental
conditions, or environmental setting since the original approval.
2. There have been no changes in the development standards or regulations that would
warrant changes to the conditions of approval.
3. There have been no changes in the General Plan and the Zoning of the property since
the previous approval of the project.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. The proposed development will result in a more desirable environment and use of the
land than would be possible under any other zoning classification.
2. The development 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 result in allowing more residential units than would
be allowed by other residential zoning districts which are consistent with the general
plan designation of the property.
4. The development will be compatible with the Zoning Code of the City.
5. The proposed development will not be detrimental to the health, safety or welfare of the
neighborhood or the City as a whole.
6. There is a reasonable relationship and a rough proportionality between the conditions
of approval and the impacts of the project.
Cit}~ Council Resolution
Planned Development Permit Reinstatement PLN2008-31 (of PLN2003-149)
Page 2
THEREFORE, BE IT RESOLVED that the City Council approves a
Reinstatement/Extension of Approval (PLN2008-31) of apreviously-approved Planned
Development Permit (PLN2003-149) to allow the construction of four townhome units on
property owned by Graystone Development, Inc., located at 549 W. Rincon Avenue in a
P-D (Planned Development) Zoning District.
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:
Development Approval Expiration: Approval is granted for an Extension/Reinstatement
of Approval (PLN2008-31) of a previously approved Planned Development Permit
(PLN2003-149) to allow the construction of four townhome units on property owned by
Graystone Development, Inc., located at 549 W. Rincon Avenue in a P-D (Planned
Development) Zoning District. The Extension of Time for the Planned Development
Permit is effective upon approval of Council and expires on June 20, 2008.
2. Previous Conditions: All conditions of approval of the previously approved Planned
Development Permit (PLN2003-149) as approved by City Council Resolution No.
10314 shall remain in effect, except for the modification to the project approval`s
expiration.
PASSED AND ADOPTED this 18th day of March , 2008, by the following
roll call vote:
AYES: COUNCILMEMBERS: Furtado, xennedy, Low, Burr
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: xernandez
ABSTAIN: COUNCILMEMBERS: None
APPRO ,,
Donald R. Burr, Mayor
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ATTEST: ^-'r~- _. ~_ a~~ ~-~~-~ ~ ~~." ar-
Anne Bybee, City Clerk ~ ~4~ ~~~ asY
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160) that allows the construction of a new two-story, single-family
residence on property owned by Pham Dinh Nguyen located at 1215 Audrey
Avenue in an R-1-10 (Single Family Residential) Zoning District. Motion
adopted by the following roll call vote:
AYES :Councilmembers: Furtado, Kennedy, Low, Burr
NOES :Councilmembers: None
ABSENT: Councilmembers: Hernandez
9. *Housing and Community Development Block Grant and Redevelopment
Housing Fund Proposals for Fiscal Year 2008-09 (Resolution/Roll Call Vote)
This is the time and place for a public hearing to consider the Housing and
Community Development Block Grant and Redevelopment Housing Fund
Proposals for Fiscal Year 2008-09.
HCD Coordinator Teeter -Staff Report dated March 18, 2008.
Mayor Burr declared the public hearing open and asked if anyone in the
audience wished to be heard.
There being no one wishing to speak, Mayor Burr closed the public hearing.
MIS: Furtado/Kennedy -that the City Council adopt Resolution 10889 and
the Redevelopment Agency Board adopt Resolution 2008-3 authorizing the
submittal and funding of ten non-competitive CDBG Proposals totaling
$134,214 to Santa Clara County and three Redevelopment Housing Fund
proposals totaling $34,000. Motion adopted by the following roll call vote:
AYES :Council/Agency Members: Furtado, Kennedy, Low, Burr
NOES :Council/Agency Members: None
ABSENT: Council/Agency Members: Hernandez
10. Application of Que Nader, on behalf of Graystone Development, for
Reinstatement/Extension of Approval (PLN2008-31) of a previously-
approved Planned Development Permit Approval (PLN2003-149) to allow
the construction of four townhome units on property located at 549 W.
Rincon Avenue in a PD (Planned Development) Zoning District
(Resolution/Roll Call Vote)
This is the time and place for a public hearing to consider the application of Que
Nader, on behalf of Graystone Development, for Reinstatement/Extension of
Approval (PLN2008-31) of apreviously-approved Planned Development Permit
Minutes of 3!1812008 City Council/Redevelopment Agency Meeting 6
Approval (PLN2003-149) to allow the construction of four townhome units on
property located at 549 W. Rincon Avenue in a PD (Planned Development)
Zoning District.
Associate Planner Haley -Staff Report dated March 18, 2008.
Mayor Burr declared the public hearing open and asked if anyone in the
audience wished to be heard.
There being no one wishing to speak, Mayor Burr closed the public hearing.
M/S: Kennedy/Low -that the City Council adopt Resolution 10890
approving a Reinstatement/Extension of Approval (PLN2008-31) of a
previously-approved Planned Development Permit (PLN2003-149) to allow
the construction of four townhome units on property owned by Graystone
Development, Inc., located at 549 W. Rincon Avenue in a PD (Planned
Development) Zoning District, subject to Conditions of approval. Motion
adopted by the following roll call vote:
AYES Councilmembers: Furtado, Kennedy, Low, Burr
NOES :Councilmembers: None
ABSENT: Councilmembers: Hernandez
UNFINISHED BUSINESS
There were no agendized items.
NEW BUSINESS
11. Downtown Campbell Business Association's Proposal for a Big Bands and
Barbeque Special Event to be held in Downtown on Saturday, July 12, 2008
Recreation and Community Services Director Cauthorn -Staff Report dated
March 18, 2008.
Neil Collins appeared before the City Council on behalf of the Downtown
Campbell Business Association and spoke in support of their application for a
special event to be held in downtown on Saturday, July 12t"
Patricia Appelquist, Campbell resident, appeared before the City Council and
spoke in support of the special event request.
M/S: Furtado/Kennedy -that the City Council approve the proposed new
Big Bands and Barbeque special event and authorize staff to work with the
Downtown Campbell Business Association to provide for a safe and
Minutes of 3/18/2008 City Council/Redevelopment Agency Meeting 7