PC Res 3855
RESOLUTION NO. 3855
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL GRANTING A MODIFICATION (PLN2007-156)
TO A PREVIOUSLY APPROVED SITE AND ARCHITECTURAL
REVIEW PERMIT (S 89-11) REMOVING A CONDITION OF
APPROVAL REQUIRING THE RECORDATION OF A COVENANT
OBLIGATION ON PROPERTY OWNED BY DON AND LYNDA
CAMPBELL LOCATED AT 2065 S. WINCHESTER BOULEVARD IN A
P-D (PLANNED DEVELOPMENT) ZONING DISTRICT.
APPLICATION OF MR. DON CAMPBELL. FILE NO.: PLN2007-156.
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 PLN2007-156.
1. A Site and Architectural Permit (S89-11) allowing the development of a two-story office
building on the subject property was approved the Planning Commission on July 25,
1989.
2. The removal of Condition of Approval # 26 of Application S 89-11 is consistent will the
requirements of the Planned Development Zoning District.
3. No exterior modifications to the building are proposed.
4. The project qualifies as a Categorically Exempt project per Section 15301, Class 1 of
the California Environmental Quality Act (CEQA).
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. The proposed modification is consistent with the General Plan.
2. The proposed modification is compatible with the existing and future land uses on-site
and in the vicinity of the subject property.
3. The proposed modification 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.
4. No substantial evidence has been presented which shows that the proposed
modification, as currently presented and subject to the required conditions of approval,
will have a significant adverse impact on the environment.
5. There is a reasonable relationship and a rough proportionality between the conditions
of approval and the impacts of the project.
Planning Commission Resolution No. 3855
PLN2007-156 - 2065 S. Winchester Boulevard
Modification to Previous Site & Architectural Review Permit (S 89-11)
Removal of Condition for Recordation of a Covenant Obligation
Page 2
THEREFORE, BE IT RESOLVED that the Planning Commission grants a Modification
(PLN2007-156) to a previously approved Site and Architectural Review Permit (S 89-11)
removing a condition of approval requiring the recordation of a covenant obligation on
property owned by Don and Lynda Campbell Located at 2065 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 Modification to Site and
Architectural Permit shall not be valid for any permits sought from the City.
2. Approved Proiect: Approval is granted for a Modification (PLN2007-156) to a
previously approved Site and Architectural Permit (S 89-11) allowing the removal of
Condition of Approval #26, which read:
"26. Inaress/Earess Easement Aareements: The applicant shall record a
covenant obligating existing and future property owners to participate in a
reciprocal access of easements with adjoining property owner(s). Said
easements shall be implemented at such time as said adjoining property
owners are obligated to participate in a similar agreement, and upon
determination by the City of Campbell that implementation of said easements
is in the public interest."
3. Previous Conditions: All conditions of approval of the previously approved Conditional
Site and Architectural Permit (S89-11) as approved by Planning Commission shall
remain in effect except for the condition subject to the Modification of the previously
approved Site and Architectural Permit (S89-11), specified above.
Planning Commission Resolution No. 3855
PLN2007-156 - 2065 S. Winchester Boulevard
Modification to Previous Site & Architectural Review Permit (S 89-11)
Removal of Condition for Recordation of a Covenant Obligation
Page 3
PASSED AND ADOPTED this 2ih day of November, 2007, by the following roll call vote:
AYES:
Commissioners:
Alderete, Doorley, Ebner, Gairaud, Gibbons and
Roseberry
None
Rocha
None
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
APPROVED:
Bob Roseberry, Actin Chair
ATTEST:
J