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Extension of PD - 2008MEMORANDUM To: Tim Haley Senior Planner From: Jan Hemsley Deputy City Clerk Date: August 6, 2008 Subject: Approval of Extension of Approval of a previously approved Planned Development Permit fora 170,000 square foot office building and two parking structures on property owned by Creekside Office Center, LLC located at 649 Creekside Way At the regular meeting of August 5, 2008, the City Council gave second reading to, and thus adopted Ordinance No. 2110 granting an Extension of Approval (PLN 2008-74) from December 11, 2008 to June 11, 2011 of a previously approved Extension for a Planned Development Permit (PLN 2005-155) fora 162 room hotel, 170,000 square foot office building and two parking structures on property located at 649 Creekside Way and owned by Creekside Office Center, LLC, including Findings and subject to the Conditions of Approval. A certified copy of this Ordinance is attached for your records together with a copy of the letter written to the applicant as follow up to the City Council's action. The Ordinance will be published in the Campbell Express dated August 13, 2008. Attachment: CITY of CAMPBELL City Clerk's Office August 6, 2008 Mr. Scott Trobbe South Bay Development Company 1690 Dell Avenue Campbell, CA 95008 Dear Mr. Trobbe: At the regular meeting of August 5, 2008, the City Council gave second reading and final adoption to Ordinance No. 2110 granting an Extension of Approval from December 11, 2008 to June 11, 2011, of a previously approved extension for a Planned Development Permit (PLN 2005-115) fora 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 PD (Planned Development) Zoning District. Please be advised that this Ordinance will become effective 30 days from the date of adoption. A certified copy of Ordinance 2110 is enclosed for your records. The time within which judicial review of this action must be sought is governed by Section 1094.6 of the California Code of Civil Procedure, unless another statute (such as California Government Code Section 65009 or some other applicable provision of law) sets forth a more specific time period. Should you have any questions in regard to the City Council's action, please do not hesitate to contact this office (866-2117) or Tim Haley, Senior Planner, Community Development Department. Sincerely Anne Bybee City Clerk Enc. cc. Tim Haley, Senior Planner 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) FORA 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) fora 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: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Furtado, Kennedy, Low, Hernandez, Burr None None None APPROVF~ ~` Donald R. Burr, Mayor ATTEST: Anne Bybee, C' Clerk ~~,~ :~~ ~ ~, ~ cam;:-::~ ~ rr~ a+~ma~ orgy ~ ~:r~ c:~.. AT~3'i: ANAt~ ~ CdTY ~ aRY ~/ ~ ~~~