PC Res 3984RESOLUTION NO. 3984
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CAMPBELL APPROVING A MINOR MODIFICATION (PLN2009-132)
TO A PLANNED DEVELOPMENT PERMIT (PLN2007-173) TO MODIFY
THE PREVIOUSLY APPROVED DESIGN TO ALLOW FOR
INCORPORATION OF ROOF DECKS ON PROPERTIES LOCATED AT
651, 655 & 671 W. HAMILTON AVENUE. APPLICATION OF MS.
JENNIFER SKILLINGS, ON BEHALF OF SANTA CLARA DEVELOPMENT.
FILE NO.: PLN2009-132.
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 PLN2009-132.
Environmental Finding
In accordance with the California Environmental Quality Act (CEQA), the City conducted an
Initial Study for this project which resulted in the adoption of a Mitigated Negative
Declaration. As the proposed roof decks were not considered in this Initial Study, the City
required a supplementary acoustical assessment to review traffic-related noise exposure
levels of the proposed roof decks to ensure that the proposed modification was consistent
with the City's Residential Noise Standards. The assessment determined that the roof-decks
would avoid significant noise exposure with the introduction of six foot tall parapets.
Therefore, as the project incorporates the recommendation it falls within the scope of the
previously prepared environmental review documents and does not require additional review
under CEQA.
Evidentiary Findings
1. The approved mixed-use project is consistent with the Commercial/Professional
Office/Residential (up to 27 units per gross acres) General Plan land use designation.
2. The approved mixed-use project is consistent with the C-PD (Condominium Planned
Development) Zoning District with approval of aPlanned-Development Permit.
3. The approved site plan shows the construction of two four-story mixed-use buildings
consisting of 11,149 square feet of retail space, 43 condominium units, a 77 space
subterranean parking garage, and a 65 unit townhome-style condominium complex.
4. The approved project site consists of 4 net acres, and would be developed with
approximately 1.7 acres of total building coverage, .93 acres of landscaping, and 1.37
acres of paving (includes the courtyard, patios, and walkways).
Planning Commission Resolution No. 3984
PLN2009-132 - 651, 655 & 671 W. Hamilton Avenue -Minor Modification to PD Permit
Page 2
The approved project provides approximately one parking space per each 200 square
feet of retail floor area, for a total of 55 retail parking spaces, and 2.3 parking spaces per
residential unit, or 253 residential parking spaces, for a total of 308 off-street parking
spaces.
6. The approved project has a Floor Area Ratio (FAR) of 0.62.
7. Land uses surrounding the project site includes religious facility to the north, three story
office building to the south, the San Tomas Aquino Creek and San Tomas Expressway to
the east, and retail and multi-family buildings to the west.
8. The proposed Minor Modification would allow for the incorporation of roof-decks over the
townhome units. The change/modification does not add additional building square
footage or substantially alter the design or specifications approved by the site plan.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
The proposed development will result in a more desirable environment and use of the
land than would be possible under any other zoning classification.
2. The development will be compatible with the General Plan of the City and will aid in the
harmonious development of the immediate area.
3. The development will be compatible with the Zoning Code of the City.
4. The proposed development will not be detrimental to the health, safety or welfare of the
neighborhood or the City as a whole.
THEREFORE, BE IT RESOLVED that the Planning Commission approves a Minor
Modification (PLN2009-132) to a Planned Development Permit (PLN2007-173) to modify the
previously approved design to allow for incorporation of roof decks on properties located at
651, 655 & 671 W. Hamilton Avenue.
The applicant is hereby notified, as part of this application, that he/she is required to meet the
following conditions in accordance with the ordinances of the City of Campbell and the State
of California. Where approval by the Community Development Director, 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:
Planning Commission Resolution No. 3984
PLN2009-132 - 651, 655 & 671 W. Hamilton Avenue -Minor Modification to PD Permit
Paae 3
1. Declaration of Acceptance of Modified Conditions: Within thirty (30) days of Planning
Commission approval, the applicant shall sign the modified set of Conditions of Approval.
Until said Conditions are signed, the proposed Modification to the Planned Development
Permit shall not be valid for any permits sought from the City.
Acknowledged & Accepted:
Sa to I ra D velopment (~( (~5 Date
~~~ ~~`
2. Approved Project: Approval is granted fora Minor Modification (PLN2009-132) to a
previously approved Planned Development Permit (PLN2007-173) to modify the design
of the approved mixed-use project to allow the incorporation of roof-decks on the
townhome units on property located at 651, 655, and 671 W. Hamilton Avenue. The
building design and site layout shall substantially conform to the revised Project Plans,
prepared by ELS Architecture and Urban Design stamped as received by the Planning
Division on January 30, 2009 and the revised Landscaping Plans prepared by SWA
stamped as received by the Planning Division on January 30, 2009, as revised by
Modification Plans submitted by Santa Clara Development stamped as received by the
Planning Division on April 19, 2010, except as modified by the conditions of approval
specified herein.
3. Modified Conditions of Approval: All previous conditions of approval of City Council
Ordinance No. 2119 shall be effective except those modified herein.
4. Use of Roof Decks: The decks may be used to the extent that they maintain compliance
with the project's approved architecture and avoid impacts to adjacent properties. The
height of outdoor furniture, potted plants, and other patio improvements that extend
above the height of the stairway enclosure shall be prohibited in order to preserve the
structure's roof design.
5. Modifications to Pans for Review and Approval by Community Development Director:
The appiicar~t shall submit revised drawings for review a~~d approval by the Community
Development Director that demonstrate that the following requirements desired by the
Planning Commission have been met:
• Rainwater leaders -Hide the rainwater leaders within the structure or make them
unobtrusive or an architectural element consistent with the building design;
• Proposed height of building -Prepare plans that more clearly illustrate the height of
the parapet in relation to the slope condition of the roof and assembly for rooftop
pavers including the preparation of two cross sections, the locations of which would
be selected by the Community Development Director;
• Internal Floor Plan -Review the stairway leading from the roof deck to the interior of
each unit to ensure that there is architectural consistency with the approved
Planning Commission Resolution No. 3984
PLN2009-132 - 651, 655 & 671 W. Hamilton Avenue -Minor Modification to PD Permit
Page 4
elevations and that the size of rooms, closets, circulation, etc., will not be
compromised by this stairway;
Elevation Drawings -Elevation of all faces to be drawn with particular consideration of
Darryl Drive and San Tomas Expressway to accurately reflect all wall heights, roof
finishes, parapet heights. Drawings should detail each incremental piece including at
the junctures of two mid-building units.
6. Covenants. Codes and Restrictions: The applicant shall submit a draft copy of the
Covenants, Conditions and Restrictions (CC&R's) to the Planning Division for approval
by the Community Development Director and City Attorney, prior to the recordation of the
Final Subdivision Map, which provide for:
p. Usage regulations for the roof decks specified by the draft Roof Deck Use
Regulations, except as modified by Planning Commission and/or the Community
Development Director.
7. Landscape Plan:
The applicant shall submit a final landscape and irrigation plan with the building permit
construction drawings prepared by a licensed landscape architect, in compliance with
Chapter 2.7, Division 2, of Title 23 of the California Code of Regulations -Water Efficient
Landscape Requirements.
PASSED AND ADOPTED this 25~h day of May, 2010, by the following roll call vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
ATTEST:
Kirk He ric s, Secretary
Alster, Cristina, Ebner, Reynolds, Rocha and Roseberry
Gibbons
None
None
APPROVE ~~2,v~'" ~ 9 ~ ~~d1'~
' abeth Gibbons, Chair