PC Res 4378RESOLUTION NO. 4378
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL RECOMMENDING THAT THE CITY
COUNCIL APPROVE MODIFICATIONS TO A PLANNED
DEVELOPMENT PERMIT ON PROPERTIES LOCATED AT 3175
S. WINCHESTER BOULEVARD AND 471/485 CHAPMAN
DRIVE. FILE NO: PLN2017-057
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 Planning Commission finds as follows with regard to file number PLN2017-057:
Environmental Finding
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
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.
Planning Commission Resolution No. 4378 Page 2 of 3
PLN2017-057 - 3175 S. Winchester Boulevard and 471/485 Chapman Drive
Recommending Approval of a Modified P.D. Permit -Barracuda Networks
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.
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 Planning Commission 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.
Planning Commission Resolution No. 4378 Page 3 of 3
PLN2017-057 - 3175 S. Winchester Boulevard and 471/485 Chapman Drive
Recommending Approval of a Modified P.D. Permit -Barracuda Networks
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.
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 Planning Commission recommends that the
City Council approve Modifications to a Planned Development Permit (PLN2017-057)
on properties located at 3175 S. Winchester Boulevard and 471/485 Chapman Drive
subject to the attached Recommended Conditions of Approval (attached Exhibit "A").
PASSED AND ADOPTED this 25th day of April, 2017, by the following roll call vote
AYES: Commissioners: Kendall, Rivlin, Hernandez, and Young
NOES: Commissioners:
ABSENT: Commissioners: Rich, Dodd, Reynolds
ABSTAIN: Commissi Hers:
APPROVED: ~~ ~~~
vonne Kendall, Chair
.I
ATTEST:
Paul ~Cermoyan, Secretary
EXHIBIT A
RECOMMENDED 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
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.
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.
Fences/Walls: 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.
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.
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.