PC Res 3979RESOLUTION NO. 3979
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL RECOMMENDING THAT THE CITY COUNCIL
ADOPT AN ORDINANCE APPROVING AFOUR-YEAR EXTENSION OF
APPROVAL (PLN2009-159) FOR A PLANNED DEVELOPMENT PERMIT
(PLN2005-126) FOR FOUR COMMERCIAL/INDUSTRIAL
CONDOMINIUM BUILDINGS ON PROPERTY OWNED BY INSTANT
STORAGE SERVICE, INC., LOCATED AT 680 - 750 E. McGLINCY
LANE. APPLICATION OF MR. JAMES CHALMERS, ON BEHALF OF BR
DEVELOPMENT, INC. FILE NO.: PLN2009-159.
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 PLN2009-159.
Environmental Finding
1. In accordance with the California Environmental Quality Act (CEQA), the City
conducted two Initial Studies for this project, resulting in the adoption of a Mitigated
Negative Declaration in 2005 and a Negative Declaration in 2006.
Evidentiary Findings
2. The project site is located at 680 - 750 E. McGlincy Lane, west of Union Avenue.
3. The project consists of the development of four one-story, commercial/industrial
buildings with a total square footage of 71,740 square feet on a 4'/z acre site.
4. The project consists of two development phases, each constituting the construction of
two commercial/industrial buildings.
5. Phase 1 of the (2 of 4 buildings) has been completed along with all required public
right-of-way improvements.
6. The project was originally approved by the Planning Commission as a Site &
Architectural Review Permit (PLN2005-23) on June 14, 2005 by Planning
Commission Resolution No. 3658.
7. The approved commercial/industrial buildings were allowed to be developed as
condominium units by the City Council with approval of a Planned Development
Permit (PLN2005-126), a Zoning Map Amendment (PLN2005-126), and Tentative
Parcel Map (PLN2005-127) on February 7, 2006 and January 17, 2006 by City
Council Ordinance Nos. 2068 and 2069, and City Council Resolution No. 10606.
Planning Commission Resolution No. 3979
PLN2009-159 - 680 - 750 E. McGlincy Lane -Recommending an Extension of Approval
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8. The Planned Development Permit (PLN2005-126) was modified and extended by an
application for a Modification of Approval (PLN2007-38) approved by the City Council on
November 20, 2007 by City Council Ordinance No. 2095.
9. The Conditions of Approval of this Extension of Approval will incorporate and supersede
the Conditions of Approval of past City development permits.
10. The unforeseen collapse of the commercial real-estate market has depressed demand
for commercial space throughout the Silicon Valley.
11. The applicant is seeking a 5 year extension of the project approval. The applicant's
statement of justification describes the great difficulty BR Development, Inc. has had in
selling existing units of completed Phase 1 of the Project.
12. Campbell Municipal Code Section 21.56.030 allows the decision-making body to
approve an extension of approval for any period of time deemed commensurate with the
justification for the extension as allowed by conditions approval. However, this section
also sets a standard of 24-months increments for extensions of approval.
13. Incremental extensions of approval permit the City to ensure continued compliance with
the Municipal Code.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
The applicant has established, with substantial evidence, that a good faith effort to fulfill
all the requirements of the permit approval has been made in that the applicant has
completed Phase 1 (two buildings) of the project, as well as all public right-of-way
improvements (sidewalk, curb, gutters, etc.).
2. The applicant has, furthermore, with substantial evidence, provided justification for
extension of the permit in that given the unforeseen collapse of the commercial real-
estate market, the applicant has been unable to sell the completed condominium units of
Phase 1 and therefore cannot pursue construction of Phase 2 of the project for the
foreseeable future.
THEREFORE, BE IT RESOLVED that the Planning Commission recommends that the City
Council adopt an Ordinance approving afour-year Extension of Approval (PLN2009-159) for
a Planned Development Permit (PLN2005-126) for four commercial/industrial condominium
buildings on property owned by Instant Storage Service, Inc., located at 680 - 750 E.
McGlincy Lane.
Planning Commission Resolution No. 3979
PLN2009-159 - 680 - 750 E. McGlincy Lane -Recommending an Extension of Approval
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PASSED AND ADOPTED this 23~d day of March, 2010, by the following roll call vote:
AYES: Commissioners: Alster, Cristina, Ebner, Gibbons, Reynolds, Rocha and
Roseberry
NOES: Commissioners: None
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None ~
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APPROVED: ~ ~ ~~
~~e. Gibbons, Chair
ATTEST:
Kir einric s, Secretary