CC Resolution 10841
RESOLUTION NO. 10841
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL GRANTING A CONDITIONAL USE PERMIT
(PLN2007-13) TO ALLOW THE ESTABLISHMENT OF A
DEMENTIA UNIT ON PROPERTY OWNED BY MERRILL
GARDENS AT CAMPBELL LOCATED AT 2041-2043,2075,2091,
2105 & 2127 S. WINCHESTER BOULEVARD IN A P-D (PLANNED
DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR.
RYAN LEONG, ON BEHALF OF SRM DEVELOPMENT. FILE NO.:
PLN2007-13.
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 -13.
1. The proposed convalescent facility is consistent with the Medium Density
Residential General Plan land use designation with the approval of General Plan
Amendment PLN2007-14.
2. The proposed convalescent facility will be compatible with the P-D (Planned
Development) zoning designation with approval of a Conditional Use Permit.
3. The project site consists of a 0.76 gross acre parcel with two existing residential
units on site.
4. The project provides 11 parking spaces where a minimum of 11 parking spaces are
required at a ratio of one space per every three convalescent facility rooms.
5. The project site is a landlocked developed parcel that is located on the west side of
S. Winchester Boulevard, south of Campbell Avenue and north of Rincon Avenue.
The project is surrounded by single-family residences on the west and commercial
uses to the north, south and east.
6. The proposed project is well designed and is architecturally compatible with the
surrounding neighborhood.
7. The project proposal will greatly enhance the appearance of the site.
8. The proposed project is consistent with other developments and uses in the
surrounding area.
9. The hours of operation shall be restricted to 6:00 a.m. to 11 :00 p.m., daily with
medical staff available 24 hours a day.
City Council Resolution
PLN2007 -13 - 2041-2043, 2075, 2091, 2105 & 2127 S. Winchester Boulevard
Granting a Use Permit - Dementia Unit - Merrill Gardens
Page 2
10. A Mitigated Negative Declaration has been prepared for this project concluding that
there are no significant unmitigated impacts associated with this project, pursuant to
the California Environmental Quality Act (CEQA).
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 as amended.
2. The proposed use is allowed within the applicable zoning district with Conditional
Use Permit approval, and complies with all other applicable provisions of this Zoning
Code and the Municipal Code.
3. The proposed project, as conditioned, will aid in the harmonious development of the
immediate area.
4. The proposed project is well designed and is architecturally compatible with the
surrounding neighborhood.
5. The proposed site is adequate in terms of size and shape to accommodate the
fences and walls, landscaping, parking and loading facilities, yards, and other
development features required in order to integrate the use with uses in the
surrounding area.
6. The proposed site is adequately served by streets of sufficient capacity to carry the
kind and quantity of traffic the use would be expected to generate.
7. The design, location, size, and operating characteristics of the proposed use are
compatible with the existing and future land uses on-site and in the vicinity of the
subject property.
8. The establishment, maintenance, or operation of the proposed use at the location
proposed will not be detrimental to the comfort, health, morals, peace, safety, or
general welfare of persons residing or working in the neighborhood of the proposed
use, or be detrimental or injurious to property and improvements in the
neighborhood or to the general welfare of the City.
9. No substantial evidence has been presented which shows that the project, as
currently presented and subject to the required conditions of approval, will have a
significant adverse impact on the environment.
10. There is a reasonable relationship and a rough proportionality between the
conditions of approval and the impacts of the project.
Planning Commission Resolution No. 3849
PLN2007-13 - 2041-2043, 2075,2091, 2105 & 2127 S. Winchester Boulevard
Recommending Approval of a Use Permit - Dementia Unit - Merrill Gardens
Page 3
11. There is a reasonable relationship between the use of the fees imposed upon the
project and the type of development project.
THEREFORE, BE IT RESOLVED that the City Council grants a Conditional Use Permit
(PLN2007-13) to establish a dementia unit on property owned by Merrill Gardens at
Campbell located at 2041-2043,2075,2091,2105 & 2127 S. Winchester Boulevard in
a P-D (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. Declaration of Acceptance of All Conditions: Within thirty (30) days of Planning
Commission approval, the applicant shall sign the final, approved set of Conditions
of Approval. Until said Conditions are signed, the proposed Use Permit shall not be
valid for any permits sought from the City.
2. Approved Proiect: Approval is granted for a Conditional Use Permit (PLN2007 -13)
to allow a convalescent facility located at 2041 S. Winchester Boulevard. The
project shall substantially conform to the project plans, and modifications listed
below, received by the Planning Division on October 10, 2007, except as may be
modified by the conditions of approval contained herein.*
a. Revised project plans prepared by Runeberg Architecture Group and dated
October 10, 2007, site plan, floor plans, building elevations, and as revised by
the Building B recessed commercial exhibit dated as received by the City on
October 11 , 2007.
b. Revised Conceptual Landscape Plan prepared by Hill Associates dated October
10,2007.
c. Program Description for Merrill Gardens at Campbell, received by the City on
July 5, 2007.
* Planning sign off is required to prior to Building Permit final. Construction not in
substantial compliance with the approved project plans shall not be approved
without prior authorization of the necessary approving body.
City Council Resolution
PLN2007-13 - 2041-2043,2075,2091,2105 & 2127 S. Winchester Boulevard
Granting a Conditional Use Permit - Dementia Unit - Merrill Gardens
Page 4
3. Conditional Use Permit Approval Expiration: The Conditional Use Permit approval
shall be valid for one year from the date of final approval. Within this one-year period,
the use must be established on the property and the conditions of approval satisfied.
Failure to meet this deadline will result in the Conditional Use Permit being void.
4. Revocation of Permit: Operation of the use in violation of the Conditional Use Permit or
any standards, codes, or ordinances of the City of Campbell shall be grounds for
consideration of revocation of the Conditional Use Permit by the Planning Commission.
5. Operational Hours: The business operational hours are restricted to 6:00 a.m. to 11 :00
p.m., daily. Monday through Saturday. 24 hour on-site medical staff will be available for
the convalescent unit residents.
6. Conditions of Approval: All of the Conditions of Approval for the Planned Development
Permit PLN2006-165 are also in effect for approval of the Conditional Use Permit.
7. Maximum Number of Convalescent Facilitv Residents: The maximum number of
residents of the convalescent/dementia unit is 21. Staffing levels shall meet or exceed
the State of California requirements for a licensed convalescent facility. There shall be
24-hour on-site licensed medical personnel (nurse) available for the residents.
PASSED AND ADOPTED this 20th
call vote:
day of November ,2007, by the following roll
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Kennedy, Low, Burr, Furtado
Hernandez
None
None
APPROVED:
Dam
ATTEST:
(lJ~
Anne Bybee, City Clerk