PC Res 3990RESOLUTION NO. 3990
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL RECOMMENDING THAT THE CITY COUNCIL
GRANT A THREE-YEAR EXTENSION OF APPROVAL (PLN2010-99)
FOR A PLANNED DEVELOPMENT PERMIT (PLN2000-88) TO
ALLOW THE DEVELOPMENT OF A FIVE-STORY OFFICE BUILDING
AND TWO SIX-LEVEL PARKING STRUCTURES ON PROPERTY
OWNED BY HAMILTON CAMPBELL, LLC., LOCATED AT 649
CREEKSIDE WAY IN A P-D (PLANNED DEVELOPMENT) ZONING
DISTRICT. APPLICATION OF MR. SCOTT TROBBE. FILE NO:
PLN2010-99.
After notification and public hearing, as specified by law and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
The Planning Commission finds as follows with regard to File No. PLN2010-99:
Environmental Finding
1. An Initial Study was prepared for this project in 2000 when it was originally
considered. In 2005, in conjunction with a reinstatement and extension of approval
application, an updated traffic impact analysis was prepared to reflect current traffic
conditions as well as recently approved projects in the vicinity. The updated traffic
analysis and the prior initial study conclude that, with the existing mitigation
measures for the project and through the recommended conditions of approval,
there would not be a significant environmental impact as a result of this project. A
Mitigated Negative Declaration was accepted in 2006. The request for an Extension
of Approval falls within the scope of the previously prepared environmental review
documents and therefore does not require additional review under CEQA.
Evidentiary Findings
2. The project site is located at 649 Creekside Way on parcels totaling 258,500 square
feet.
3. The project consists of the development of one five-story office building, and two six-
level parking garages.
4. The project was originally approved by the City Council by a Planned Development
(PLN2000-88) on December 11, 2000 by City Council Ordinance No. 1998. This
approval expired on December 11, 2005. On November 21, 2006, the City Council
approved a Reinstatement and Extension of Approval (PLN2005-155) by City
Council Ordinance No. 2078 reinstating and extending the development approval to
December 11, 2008. On August 5, 2008, the City Council approved an Extension of
Approval (PLN2008-74) by City Council Ordinance No. 2110, extending the approval
to June 11, 2011.
Planning Commission Resolution No. 3990
PLN2010-99 - 649 Creekside Way -Extension of Approval - PD Permit
Page 2
5. The Conditions of Approval of this Extension of Approval will incorporate and
supersede the Conditions of Approval of past City approvals.
6. The unforeseen collapse of the commercial real-estate market has depressed
demand for commercial space throughout the Silicon Valley.
7. The applicant indicates that an extension is necessary to secure a new loan to
replace an existing loan set to expire in August 2010.
8. The applicant has previously pre-paid apro-rated share of the fees of the Campisi
Way Extension ($208,000) and the signalization interconnect ($50,000) following the
2008 extension approval.
9. The applicant is seeking a 3 year extension of the project approval. The applicant's
statement of justification indicates that the high commercial office vacancy rate and
declining rental rates, as well as the turbulent commercial loan market, have
precluded earlier construction of this project and therein justify the extension of
approval for this development permit.
10. 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.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. The applicant has established, with substantial evidence, that a good faith effort to
fulfill all the requirements of the permit approval has been made.
2. The applicant has, furthermore, with substantial evidence, provided justification for
extension of the permit.
THEREFORE, BE IT RESOLVED that the Planning Commission recommends that the
City Council grant athree-year Extension of Approval (PLN2010-99) for a Planned
Development Permit (PLN2000-88) to allow the development of a five-story office
building and two six-level parking structures on property owned by Hamilton Campbell,
LLC located at 649 Creekside Way in a P-D (Planned Development) Zoning District.
Planning Commission Resolution No. 3990
PLN2010-99 - 649 Creekside Way -Extension of Approval - PD Permit
Pa4e 3
PASSED AND ADOPTED this 22"d day of June, 2010, by the following roll call vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
Alster, Reynolds, Rocha and Roseberry
None
Cristina and Ebner
Gibbons ~/ '
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APPROVED: fv ~l ~`
Michael Rocha, Acting hair
ATTEST:
Kirk 'nr hs, Secretary