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CC Resolution 12162 RESOLUTION NO. 12162 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVE MODIFICATIONS TO A PLANNED DEVELOPMENT PERMIT (PLN2017-057) 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. PLN2017-057: Environmental Finding 1. The project is Categorically Exempt under Section 15301 (Class 1) and Section 15311 (Class 11) of the California Environmental Quality Act (CEQA). The modification of the parking lot on the Winchester property is exempt under Class 1 pertaining to the minor alteration of existing facilities involving negligible expansion of use beyond that currently existing. The new parking lot on Chapman Drive is exempt under Class 11 which pertains to construction of minor structures (e.g., small parking lots) accessory to existing commercial facilities. Evidentiary Findings 1. The project site is located on the north side of Winchester Boulevard between Hacienda Avenue to the east and Chapman Drive to the west. 2. The 3.64 acre project site encompasses three properties (3175 S. Winchester, 471 Chapman Drive, and 485 Chapman Drive) that have been merged into a single lot. 3. The 3175 S. Winchester property is zoned P-D (Planned Development) and the 471 Chapman Drive and 485 Chapman Drive properties are zoned C2 (General Commercial). 4. The entire project site has a General Plan designation of General Commercial. 5. The project site is located within the San Tomas Area Neighborhood Plan. 6. The project site is bordered by single-family residential properties to the west, a townhouse complex to the northwest, a commercial daycare business to the south, the Santa Clara Valley Water District property (recharge pond) to the north, and Kaiser Permanente to the east. 7. On July 28, 2015, the Planning Commission held a public hearing to review the project. The public hearing was continued in order to obtain additional information related to the proposed circulation and access to the Chapman Drive parking lot. PD Modification & Site and Architectural Review Permit PLN2017-057: 3175 S. Winchester, 471 Chapman Drive, 485 Chapman Drive 8. On August 25, 2015, the Planning Commission recommended approval of the project with two conditions: 1) limit the hours of operation of the Walnut Drive pedestrian gate from 11:00 am to 2:00 pm weekdays and as needed for emergency only; and 2) install signage at the exit driveway onto Chapman Drive, alerting drivers to "watch for pedestrians/children" or using similar language. 9. On September 15, 2015, the project was conditionally approved by the City Council with a modified Condition of Approval specifying the removal of the Walnut Drive pedestrian gate (Resolution #11881). While not part of the motion of approval, but made just prior to the motion, Council member Gibbons (now Mayor) stated "completely remove the gate and replace the wall". 10. Following City Council approval, the applicant submitted plans to the Building Department that did not reflect the condition of approval that the gate be removed. The applicant also disagreed that the gate should be replaced with masonry to match the wall from which it was removed. 11. In April 2016, upon request by the applicant, staff inspected the property and determined that the conditions of approval had not yet been met. The applicant removed a wall that was shown to remain, replaced the gate with wood that was intended to be masonry, widened a walkway path to allow vehicle access between the two parking lots, installed lighting without a dusk to dawn auto-dimmer, and landscaped an area (not owned by Barracuda) that was supposed to remain fallow. 12. On June 21, 2016, the City Council held a public hearing to clarify the intent of the condition of approval to permanently remove the gate and permanently restore the wall with the same materials, design, height, and color of the existing wall. 13. Following the City Council's clarification of the condition of approval, the City of Campbell and Barracuda Networks executed a Settlement Agreement regarding the wall between the two parking lots, the gate/wall along Walnut Drive, the walkway between the two parking lots, the lighting fixtures, and the landscaping. 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 proposed development will clearly result in a more desirable environment and use of the land than would be possible under any other zoning district classification. 2. The proposed development will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. PD Modification & Site and Architectural Review Permit PLN2017-057: 3175 S. Winchester, 471 Chapman Drive, 485 Chapman Drive 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 proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. 5. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. 6. There is a reasonable relationship between the use of the fees imposed upon the project'and the type of development project. 7. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment THEREFORE, BE IT RESOLVED that the City Council approves the Modification of a Planned Development Permit (PLN2017-057). PASSED AND ADOPTED this 16th day of May 2017, by the following roll call vote: AYES: Councilmembers: Cristina, Landry, Waterman, Resnikoff NOES: Councilmembers: None ABSENT: Councilmembers: Gibbons ABSTAIN: Councilmembers: None APPROVED: ~~ Paul Resnikoff, Vice May r ATTEST: Wendy ~ ood, City Clerk PD Modification & Site and Architectural Review Permit PLN2017-057: 3175 S. Winchester, 471 Chapman Drive, 485 Chapman Drive CONDITIONS OF APPROVAL Planned Development Permit Modification (PLN2017-057) 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. PLANNING DEPARTMENT CONDITIONS OF APPROVAL COMMUNITY DEVELOPMENT DEPARTMENT 1. Approved Project: Approval is granted for modification of an existing Planned Development Permit (PLN2017-057) at 3175 S. Winchester, 471 Chapman Drive, and 485 Chapman Drive. The project shall substantially conform to the approved plans; except as may be modified by the Conditions of Approval contained herein. 2. Masonry Wall: The masonry wall located on the subject property adjacent to Walnut Drive shall be maintained in its entirety in accordance with the approved plans. 3. Parking Lot Signage: A sign shall be maintained at the Chapman parking lot exit driveway, alerting drivers to watch for children and pedestrians. The sign shall be maintained in good condition and replaced as necessary to comply with this condition. 4. Approval Expiration: The Planned Development Permit shall be valid for one year from the date of final approval. If within this one-year period, the applicant fails to obtain a building permit and complete construction, the approval will be void. 5. Landscaping Maintenance: All landscaping shall be maintained in good health, per the approved landscape plan. 6. Parking, Driveways, and Maintenance: All parking and driveway areas shall be maintained in compliance with the approved plans and CMC Chapter 21.30 (Parking and Loading), subject to review by the Community Development Director. 7. FencesNValls: Any newly proposed fencing and/or wall shall comply with Section 21.18.060 of the Campbell Municipal Code and shall be submitted for review and approval by the Community Development Department. 8. On-Site Lighting: All on-site lighting shall be shielded away from adjacent properties and directed on site. The design type and lighting intensity of exterior lighting fixtures shall be per the approved plans or as approved by the Community Development Director. PD Modification & Site and Architectural Review Permit PLN2017-057: 3175 S. Winchester, 471 Chapman Drive, 485 Chapman Drive 9. Planning Final: The planning final will not be issued until all Planning, Building, and Public Works Conditions of Approval from PLN2015-107 have been satisfied.