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PC Res 3849 RESOLUTION NO. 3849 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF 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 Planning Commission 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. 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 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 Planning Commission 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 Planning Commission recommends approval of 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 Project: 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. 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 4 3. Conditional Use Permit Aooroval Exoiration: 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. Ooerational 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 Aooroval: 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 23rd day of October, 2007, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Alderete, Doorley, Ebner and Roseberry Rocha Gibbons None APPROVED: ATTEST: Jackie C.