CC Resolution 12012RESOLUTION NO. 12012
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL CLARIFYING A CONDITION OF APPROVAL FOR A
MODIFICATION OF AN EXISTING PLANNED DEVELOPMENT
PERMIT AND A NEW SITE AND ARCHITECTURAL REVIEW PERMIT
(PLN2015-107) FOR PROPERTIES LOCATED AT 3175 S.
WINCHESTER BOULEVARD, 471 CHAPMAN DRIVE, AND 485
CHAPMAN DRIVE.
After notification and public hearing, as specified by law and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
The City Council finds as follows with regard to File No. PLN2015-107:
Environmental Finding
1. The Project is Categorically Exempt under Section 15321 (Class 21) of the California
Environmental Quality Act (CEQA). The clarification and enforcement of the condition
of approval is exempt under Class 21 pertaining to regulatory agency actions to enforce
an adopted standard or objective of an administrative decision fora permit or
entitlement.
Evidentiary Findings
1. The Project consists of merging 3 lots and adding 41 new parking spaces (295 total
spaces) on properties located at 3175 S. Winchester Boulevard, 471 Chapman Drive,
and 485 Chapman Drive.
2. On September 15, .2016 the City Council held a Public Hearing, discussing various
elements of the Project including public concern over employees parking in the
residential neighborhood and creating a public nuisance when accessing the
commercial property through a pedestrian access gate on Walnut Drive in the
residential neighborhood. As part of the discussion, Council Member Gibbons made the
following statement prior to making the motion to approve the project: "I'm saying
completely remove the gate and replace the wall". .
3. The City Council adopted Resolution #11811 approving the application for a new Site
and Architectural Review Permit and to modify the existing Planned Development
Permit (PLN2015-107) for properties located at 3175 S. Winchester Boulevard, 471
Chapman Drive, and 485 Chapman Drive, subject to Conditions of Approval per the
Director of Community Development, City Engineer, Public Works Director, City
Attorney and/or Fire Department as required.
4. Community Development Department Condition of Approval #2 (Entry Gate) required
that "the pedestrian entry gate located on the subject property adjacent to Walnut Drive
shall be removed subject to the trimming and or removal of the landscaping within the
right-of-way on the North/West corner of the intersection of Chapman Drive and
Winchester Boulevard".
5. While not explicit in the motion for approval, the maker of the motion made the
statement prior to making the motion "I'm saying completely remove the gate and
replace the wall". Thus, staff determined that the intent of the Condition of Approval
was to remove the gate and restore the wall to its original approved configuration.
6. The masonry wall was part of the approved fencing plan for the original Planned
Development application (ZC-84-02) whereby the wall is described as a 7' tall precast
masonry wall.
7. The applicant disagreed with staff's interpretation of the condition of approval and a
Public Hearing was scheduled with the City Council to clarify the Council's intent.
Based upon the foregoing findings of fact and pursuant to Campbell Municipal Code
Section 21.12.030(H6), the City Council further finds and concludes that:
1. The intent of the Condition of Approval was to permanently remove the gate and
permanently restore the wall with the same materials, design, height, and color of the
existing wall. As a result, the improvement will restore the wall back to its previous
configuration, as if the wall was never altered
2. There is a reasonable relationship and a rough proportionality between the Condition of
Approval and the impacts of the project.
3. No substantial evidence has been presented from which a reasonable argument could
be made that shows that the clarified condition of approval will have a significant
adverse impact on the environment.
THEREFORE, BE IT RESOLVED that the City Council clarifies the intent of the condition
of approval for Modification of an approved Planned Development Permit (PLN2015-107).
PASSED AND ADOPTED this 21st day of June 2016, by the following roll call vote:
AYES: Councilmembers: Kotowski, Resnikoff, Cristina, Gibbons, Baker
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
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A~~R~VE~: ~+
Jason T. Baker, Mayor
ATTEST:-
Wendy -od, City Clerk