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CC Ordinance 2095 ORDINANCE NO. 2095 BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A MODIFICATION (PLN2007-38) TO A PREVIOUSLY APPROVED PLANNED DEVELOPMENT PERMIT (PLN2005-126) FOR FOUR INDUSTRIAL CONDOMINIUM BUILDINGS TO ALLOW A TWO-YEAR EXTENSION OF APPROVAL AND THE CREATION OF TWO COMMON OWNERS' ASSOCIATIONS FOR PROPERTIES LOCATED AT 680-750 E. MCGLlNCY LANE OM A C-P-D (CONDOMINIUM-PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. JAMES CHALMERS. 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 PLN2007 -38: SECTION ONE: That this Ordinance be adopted to approve a Modification (PLN2007- 38) to a previously-approved Planned Development Permit (PLN2005-126) for four industrial condominium buildings to allow for a two-year extension of approval and the creation of two common owners' associations with the attached conditions of approval (attached Exhibit A). SECTION TWO: This Ordinance shall become effective thirty (30) days following its passage and adoption and shall be published, one time within fifteen (15) days upon passage and adoption in the Campbell Express, a newspaper of general circulation in the City of Campbell, County of Santa Clara. PASSED AND ADOPTED this 20th day of November ,2007, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Kennedy, Hernandez, Low, Burr, Furtado None None None APPROVED: Daniel E. Furtado, ATTEST: /'j (~ Anne Bybee, City Clerk Exhibit A - City Council Ordinance PLN2007-38 - 680-750 E. McGlincy Lane Modification to PD Permit (PLN2005-126) -Extension of Approval Page 1 THEREFORE, BE IT RESOLVED that the City Council approves a Modification (PLN2007-38) to a previously approved Planned Development Permit (PLN2005-126) for four industrial condominium buildings to allow a two-year extension of approval and the creation of two common owners' associations for properties located at 680-750 E. McGlincy Lane in a C-PD (Condominium/Planned Development) Zoning District. 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 Planning Division: 1. Approved Proiect: Approval is granted for a Modification (PLN 2007-38) to a Planned Development Permit (PLN2005-126) to allow four approved commercial/industrial buildings located at 680-750 E. McGlincy Lane. The project shall substantially conform to the approved project exhibits, except as may be modified by the conditions of approval herein. 2. Approval Expiration: The Planned Development Permit approval shall be extended to February 7,2010. Within this period either: (1) a building permit must be obtained; or (2) the use must be established on the property (if no building permit is required). Failure to complete (1) or (2) above will result in the Planned Development Permit being void. 3. Covenants. Codes. and Restrictions (CC&R's): Prior to recordation of the Parcel Map, the applicant shall submit for review and approval by the City a copy of the draft CC&R's, which shall include the following: a. Formation of two common Owners' Associations, if needed to accommodate project phasing. 4. All previous conditions of approval of Ordinance 2068 shall be effective excepted as modified by the above conditions.