PC Res 4261RESOLUTION NO. 4261
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING A MINOR MODIFICATION
(PLN2015-256) TO A PREVIOUSLY APPROVED PLANNED
DEVELOPMENT PERMIT (PLN2011-45) ADOPTING A PARKING
MANAGEMENT PLAN FOR THE MERRILL GARDENS
DEVELOPMENT, FOR PROPERTY LOCATED AT 2075 S.
WINCHESTER BOULEVARD. FILE NO.: PLN2015-256
After notification and public hearing, as specified by law and after presentation by the
Community DevE~lopment Director, proponents and opponents, the hearing was closed.
The Planning Commission finds as follows with regard to file number PLN2015-256:
1. The project site is the Merrill Gardens Residences at Campbell, amixed-use assisted
living senior housing community located along Winchester Boulevard, which is
composed of 126 age-restricted apartment units, a dementia care facility, and
approximately 17,000 square-feet of ground floor retail space. The project was
approved pursuant to Modified Planed Development Permit PLN2011-45 as approved
by City Council Ordinance No. 2148, adopted on May 3, 2011.
2. As approved, the project site is to have 142 spaces, including 89 retail spaces, 42
senior housing residential spaces, and 11 convalescent facility staff spaces.
3. The project site is within the P-D (Planned Development) Zoning District and is
designated with a Central Commercial land use designation by the General Plan.
4. Since opening, the City has recognized that that Merrill Gardens' residential operation
has affected the retail parking supply through resident and employee use of the retail
parking spacE~s. This situation was the result of a variety of factors including, higher than
anticipated resident vehicle ownership and facility staffing, which were not fully captured
by the City's :>enior housing parking standard in effect at the time, as well an ambiguous
allocation of parking for residents and staff who were initially allowed to parking in the
retail spaces.
5. The property owner has submitted an application for a Parking Management Plan,
incorporating a combination of valet and stacked parking, transportation incentives, a
residential parking monthly charge, in order to increase the supply of parking, reduce
the demand, and to better manage its use.
6. As proposed, the project site would have 172 effective spaces (stalls and stacked),
including 89 retail spaces, 68 residential spaces (resident/guest), and 15 employee
spaces.
7. Allocation of parking stalls which vary from that specified by the Modified Planned
Development Permit (City Council Ordinance No. 2148) requires approval of "Minor
Modification" pursuant to CMC Sec. 21.12.030.H.3a. Additionally, the use of the valet
parking and charging of a monthly fee must be specifically approved by the City
pursuant to C;MC Sec. 21.28.030, as it would "restrict" residents from using parking
stalls otherwise afforded to them.
Planning Commission Resolution No. 4261
PLN2015-256 -1075 S. Winchester Blvd. ~ Minor Modification to P-D Permit
Page 2 of 3
8. Conditions off approval will require various improvements to the property, including
correcting parking lot striping errors and replacing and/or installing new informational
and directional signs. These improvements are necessary to encourage proper usage
of the parking areas and to ensure safe access and movement by pedestrians and
motorists.
9. Provision of transportation incentives and the required parking improvements will carry
out the Conditions of Approvals No. 17 (Residential/Commercial Parking Garage
Entrance and Exit) and No. 18 (Alternative Transportation Methods) of Modified Planed
Development Permit PLN2011-45 (City Council Ordinance No. 2148).
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. The proposed Parking Management Plan will result in a more desirable environment
and use of land than would be possible under any other zoning district classification.
2. The proposed Parking Management Plan is compatible with the general plan and will
aid in the harmonious development of the immediate area.
3. The proposed Parking Management Plan 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 proposed Parking Management Plan would not be detrimental to the health, safety
or welfare of the neighborhood or of the city as a whole.
5. The proposed Parking Management Plan will not add additional building square
footage or substantially alter the design or specifications approved by the site plan.
6. The proposed Parking Management Plan is exempt from review under the California
Environmental Quality Act (CEQA) pursuant to Section 15301 Class 1 of the pertaining
to the operation, permitting, and minor alterations of an existing private structure,
involving negligible or no expansion of use beyond that existing at the time of the lead
agency's determination
THEREFORE, BE IT RESOLVED that the Planning Commission approves a Minor
Modification (PLN2015-256) to a previously approved Planned Development Permit
(PLN2011-45) adopting a Parking Management Plan for the Merrill Gardens development,
located at 2075 S. Winchester Boulevard, subject to the attached Conditions of Approval
(attached Exhibit "A").
EXHIBIT A
MODIFIED CONDITIONS OF APPROVAL
Minor Modification to a Planned Development Permit
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
1. Approved Project: Approval is granted for a Minor Modification to a previously approved
Modified Planned Development Permit (PLN2011-245) to allow implementation of a
Parking Management Plan for the Merrill Gardens at Campbell community located at
2041 S. Winchester Boulevard. The Parking Management Plan shall substantially
conform to the "Proposed Parking Program," stamped as received by the Planning
Division on August 28, 2015, as implemented and modified by the Conditions of
Approval contained herein.
2. Modified Conditions of Approval: All previous conditions of approval contained within
City Council Ordinance No. 2148 shall remain in effect except for Conditions No. 16, 17,
and 18, which shall be considered augmented by the conditions contained herein.
3. Approval Expiration: Approval of the Parking Management Plan shall be final upon the
effective date of the Planning Commission approval.
4. Parking Management Plan: Consistent with the submitted "Proposed Parking Program,"
allocation and management of parking shall be subject to the following:
a. Retail Parking: The retail parking supply of eighty-nine (89) spaces shall be
reserved exclusively for retail commercial uses on the property.
Retail/commercial uses shall comply with the parking requirement specified by
atenant-specific land use permit. The previously approved shared parking
arrangement, as formalized by the Merrill Gardens at Campbell, LLC (William
D. Pettit Jr.) letter, stamped as received by the Planning Division on
September 16, 2014, comprising of the following restrictions, is hereby
incorporated by reference:
i. The restaurant use in Building A, Suite 120, will be restricted to a 2:00
p.m. closing time or earlier. If the current tenant is replaced by another
restaurant, the same closing time restriction will continue to apply.
ii. The large studio use in Building A, Suite 110, will be restricted to a 2:00
pm. opening time or later. If the current tenant is replaced by another
use, the same opening time restriction will continue to apply.
iii. The property owner agrees to inform future potential tenants of these
two tenant spaces of the time restrictions and any other conditions
imposed as part of the previous Parking Modification Permit(s) prior to
Exhibit A -Conditions of Approval ~ 2075 S. Winchester Blvd.
PLN2015-256 -Modification to P-D Permit (PLN2011-45)
Page 2
leasing, and to include the restrictions in future lease agreements for
these spaces as applicable.
iv. The property owner understands and agrees that remaining vacant
tenant spaces will need to be leased to retail uses, or uses with the
same or lower parking demand than retail. No additional restaurant
uses will be allowed.
b. Residential Valet Parking: All residential and (senior housing) guest vehicles
shall be valet parked in the garage, within the area depicted by the "Proposed
Parking Program" (i.e., they shall not be parked in the retail parking stalls).
Vehicles shall be parked in a "stacked" configuration when necessary to
provide aresidential/guest parking capacity of sixty-eight (68) spaces. Valet
services shall be provided 24-hours a day, seven days a week.
c. Residential Self-Parking Prohibited: Residents and guests shall not be
allowed to self-park their vehicles.
d. Employee Parking: Merrill Gardens' employee parking and company vehicles
shall be restricted to the northerly parking lot. Vehicles shall be parked in a
"stacked" configuration in order to accommodate parking for fifteen (15)
vehlicles.
e. Residential Parking Charge: Residents shall be charged a minimum monthly
fee of $75 to have a vehicle parked on-site. This requirement shall not apply to
any resident residing in abelow-market-rate (BMR unit).
f. Employee Transit Incentive: Employees shall be provided 100%
reimbursement for a VTA Monthly Pass if they shall agree to utilize public
transportation on a regular basis to commute to work.
g. Residential Parking Control: All resident vehicles shall be registered with
management and be identified with a parking tag adhered to the windshield.
Management is responsible for monitoring and enforcing compliance with the
parking restrictions provided herein including prohibition of parking in retail
spaces or self-parking within the valet parking area. Residential vehicles found
to be in violation shall be initially tagged with a warning sticker. Subsequent
violations shall result in fines and eventually towing. The property owner shall
prepare a monitoring program and schedule of penalties for review and
approval by the Community Development Director.
5. Required Site Improvements: The following site improvements shall be implemented
within three (3) months of Planning Commission approval. Prior to commencement of
any work, the property owner shall provide final design drawings and materials for
review and approval by the Community Development Director.
a. Parking Garage Striping: The parking stall adjacent (to the left) of Stall #73,
which is currently "hatched" shall be striped as a parking stall.
b. Parking Garage Parallel Stalls: Signs and any ground markings identifying
unpermitted parallel parking stalls adjacent to the garage ramp shall be
removed.
Exhibit A -Conditions of Approval ~ 2075 S. Winchester Blvd.
PLN2015-256 -Modification to P-D Permit (PLN2011-45)
Page 3
c. Valet Parking (residential/guest) Parking Area: The residential/guest valet
parking area shall be clearly identified from the retail customer parking area
through use of enhanced ground markings ("hatching", wider line markings
andJor stenciled markings). Additionally, the "Merrill Gardens Assisted Living
Parking Beyond This Point" signs shall be replaced with larger signs indicating
"Merrill Gardens Valet Parking Beyond This Point Only - No Retail Parking".
d. Garage Ramp Directional Signage: The existing "Elevator for Retail
Customer Use During Business Hours" sign at the base of the garage ramp
shall be replaced with a larger two-part sign. The upper half shall indicate
"Public Elevator this Way" with a directional arrow pointing towards the
elevator. The lower half shall indicate "Automobile Exit Only -Pedestrians
Use Elevator".
e. Commercial Parking Time-Limited Duration Signage: The final distribution
of time limited signage (e.g., 30-minute parking, 1-hour parking, etc.) shall be
subject to approval by the Community Development Director. Additionally, the
parking signs located along the rear of Building A shall be replaced with
standard height permanent pole-mounted signs.
f. Parking Garage Wayfinding Signage: The "Additional Retail Parking located
in the Garage" signs shall be replaced with larger format graphical signs that
more clearly direct drivers to the garage.
g. Parking Garage Sign: The entrance to the parking garage shall be identified
with a large non-illuminated projecting sign, installed perpendicular from the
wall, reading "P" or "Parking."
6. Revocation of Approval: The Parking Management Plan approved herein is subject to
Chapter 21.68 of the Campbell Municipal Code authorizing the appropriate decision
making body to modify or revoke such approval if it is determined that the Parking
Management Plan has become a nuisance to the City's public health, safety or welfare
or for violation of the conditions of approval, or any standards, codes, or ordinances of
the City of Campbell. At the discretion of the Community Development Director, if the
Merrill Gardens community (retail uses or residential operation) generates three (3)
verifiable complaints related to violations of conditions of approval within a six (6) month
period, a public hearing may be scheduled to consider modifying conditions of approval
or revoking the Parking Manage