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CC Resolution 10214 J> RESOLUTION NO. 10214 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL GRANTING A REINST A TEMENT/EXTENSION OF APPROV AL (PLN2003-51) OF A PREVIOUSLY APPROVED PLANNED DEVELOPMENT PERMIT TO ALLOW THE CONSTRUCTION OF SIX TOWNHOMES ON PROPERTY OWNED BY ROBERT DUBCICH AND VIVIAN BRACHER LOCATED AT 206 SHELLEY A VENUE IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. MICHAEL ROCKHOLD, ON BEHALF OF ROBERT DUBCICH AND VIVIAN BRACHER. FILE NO. PLN2003-51. 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 PLN2003-51. 1. There have been no changes in the General Plan and the Zoning of the property since the previous approval of the project. 2. There have been no changes in the development standards or regulations that would warrant changes to the conditions of approval, other than the request for an extension of time. 3. The applicant is requesting the extension of time to facilitate the completion of the project. 4. There have been no changes In the proposed project other than the request for an Extension of Time. Based upon the foregoing findings of fact, the City Council further finds and concludes that: 1. The proposed project is consistent with the General Plan and the local zoning ordinance. 2. The proposed project as conditioned will aid in the harmonious development of the immediate area. 3. The establishment, maintenance or operation of the use applied for will not be detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. # City Council Resolution 10214 PLN2003-51 - 206 Shelley A venue - ReinstatementJExtension of Approval Page 2 4. The Extension of time to the Planned Development Permit (PLN 2003-51) for this project is for a period of 10 months from the date of the City Council approval. 5. The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic the proposed use would generate. 6. The proposed site is adequate in size and shape to accommodate the proposed project and will integrate well with the existing uses in the surrounding area. 7. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. 8. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. NOW, THEREFORE, BE IT RESOLVED that the City Council grants a lO-month ReinstatementJExtension of Approval (PLN2003-51) of a previously approved Planned Development Permit to allow the construction of six townhomes on property owned by Robert Dubcich and Vivian Bracher located at 206 Shelley A venue, subject to the following conditions: 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 DEPARTMENT 1. Development Approval Expiration: Approval is granted for a ten month Extension (PLN2003-51) for a previously approved Planned Development Permit (PLN 2001-29) to allow the development of six townhomes on property located at 206 Shelley A venue. The Extension of Time for the Planned Development Permit is valid for a period of ten months from the City Council's effective approval date. 2. Previous Conditions: All conditions of approval of the previously approved Planned Development Permit (PLN 2001-29) as approved by City Council Resolution No. 9928 shall remain in effect, except for the modification to the project approval's expiration. ~City Council Resolution 10214 PLN2003-51 - 206 Shelley A venue - ReinstatementlExtension of Approval Page 3 PASSED AND ADOPTED this 15th day of July ,2003, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Watson, Kennedy, Dean, Burr, Furtado None None None APPROVED:~~~ Daniel E. Furtado, Mayor ATTEST: ~ Anne Bybee, City Clerk