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PC Res 4218RESOLUTION NO. 4218 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A MODIFICATION (PLN2015-48) TO A PREVIOUSLY APPROVED PLANNED DEVELOPMENT PERMIT (PLN2013-337) TO ALLOW PHASING OF AN APPROVED RESIDENTIAL DEVELOPMENT ON PROPERTY LOCATED AT 230, 280, 282, AND 290 (PORTION) DILLON AVENUE; 466, 472, 482, AND 488 SAM CAVA LANE; AND 186 GILMAN AVENUE. FILE NO: PLN2015-48 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 number PLN2015-48: 1. The project site is a 4'/z acre assemblage of ten properties, including a small portion of the City's corporation yard that was purchased by the developer. 2. The project site is generally located near the southeast intersection of Sam Cava Lane and Dillon Avenue, abutting the Campbell Public Works Maintenance Corporation Yard to the south and the Los Gatos Creek Trail to the west. 3. The project site is zoned P-D (Planned Development) as shown on the Campbell Zoning Map. 4. The project site is designated Commercial/Med.-High Density Residential (14-27 units/gr. acre) and High Density Residential (21-27 units/gr. acre) as shown on the Campbell General Plan Map. A portion of the project site is within the boundaries of the South of Campbell Avenue (SOCA) Plan, as incorporated within the Campbell General Plan Appendix Al-3. 5. At its meeting of November 3, 2014, the City Council adopted Ordinance No. 2185 approving a Planned Development Permit (PLN2013-337) to allow construction of residential development including 81 townhome units on individual lots and 19 rental units within three apartment buildings (the Approved Project). The Planned Development Permit was approved subject to a Vesting Tentative Subdivision Map approved by City Council Resolution No. 11736 on October 21, 2014. 6. The Proposed Modification would allow development (i.e., recordation of a tract map and issuance of building and grading permits) of the Approved Project in two phases without any addition of residential units, building square-footage, or land area. 7. CMC Sec. 21.12.030.H.4.d states: "If development is to be carried out in stages, each stage shall be shown on a master plan of development." CMC Sec. 21.56.030.A.3 states: "Where the permit or approval provides for development in two or more phases or units in sequence, the permit or approval shall not be approved until the decision- making body has approved the final phasing plan for the entire project site". 8. The Approved Project did not include any "master plan of development" or "final phasing plan". Planning Commission Resolution No. 4218 280 Dillon Ave., et. al. -Recommending Approval of a Modification to a P-D Permit Page2of3 9. An application fora Minor Modification of the approved Planned Development, pursuant to CMC Sec. 21.12.030.H.3, is required to allow phasing of the Approved Project, consistent with the CMC Sections 21.12.030.H.4.d and 21.56.030.A.3. 10. The density of the Approved Project, as a whole, and separately as Phase 1 and 2, is consistent with the allowable land use and maximum density permitted by the Commercial/Med.-High Density Residential (14-27 units/gr. acre) and High Density Residential (21-27 units/gr. acre) General Plan land use designations. 11. Proposed Phase 1 of the project could stand-alone in terms of parking, open space, and fire department access, if Phase 2 was not developed. 12. On the basis of the Infill Environmental Checklist, and as supported by substantial evidence, a Mitigated Negative Declaration was adopted for the Approved Project finding that the project will not have a significant effect on the environment due to mitigation measures adopted in a previous Environmental Impact Report (EIR), application of uniformly applicable development policies, and incorporation of project- specific mitigation measures agreed to by the project proponent. Based upon the foregoing findings of fact and pursuant, the Planning Commission further finds and concludes that: 1. The proposed Modification of an Approved Project (development) will clearly result in a more desirable environment and use of the land than would be possible under any other zoning district classification. 2. The proposed Modification of an Approved Project (development) will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. 3. The proposed Modification of an Approved Project (development) will not result in allowing more residential units than would be allowed by other residential zoning districts, which are consistent with the General Plan designation of the property. 4. The proposed Modification of an Approved Project (development) will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. 5. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. 6. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. 7. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. 8. The proposed Modification of an Approved Project does not change the nature or scope of the project (i.e., number of units, building square-footage, or land area) as Planning Commission Resolution No. 4218 280 Dillon Ave., et. al. -Recommending Approval of a Modification to a P-D Permit Page 3 of 3 described by the Mitigated Negative Declaration. As such, no further review environmental review is required under the California Environmental Quality Act is required. THEREFORE, BE IT RESOLVED that the Planning Commission recommends that the City Council approve a Modification (PLN2015-48) to a previously approved Planned Development Permit (PLN2013-337) to allow phasing of an approved residential development on property located at 230, 280, 282, and 290 (portion) Dillon Avenue; 466, 472, 482, and 488 Sam Cava Lane; and 186 Gilman Avenue, subject to the attached Recommended Conditions of Approval (attached Exhibit "A"). PASSED AND ADOPTED this 23rd day of June, 2015, by the following roll call vote: AYES: Commissioners: Finch, Reynolds, Kendall, Young, Bonhagen, Dodd, and Rich NOES: Commissioners: None ABSENT: Commissioners None ABSTAIN: Commissioners: None ~~ r7: Pamela Finch C air ATTEST: Paul Kermoyan, Secretary EXHIBIT A RECOMMENDED CONDITIONS OF APPROVAL Planned Development Permit Modification (PLN2015-48) 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. Approved Project: Approval is granted for a Minor Modification (PLN2015-48) to a previously approved Planned Development Permit (PLN2013-337) to allow phasing (two phases) of an approved residential development on property located at 30, 280, 282, and 290 (portion) Dillon Avenue; 466, 472, 482, and 488 Sam Cava Lane; and 186 Gilman Avenue. The phased construction of the project shall substantially conform to the Revised Phasing Plan and Project Narrative stamped as received by the Planning Division on May 6, 2015, except as may be modified by the Conditions of Approval herein and those provided for in City Council Ordinance No. 2185 and Resolution No. 11736. 2. Permit Expiration: The Modification (PLN2015-48) approving the Phasing Plan shall be valid for the same period of approval as granted for the Planned Development Permit (PLN2013-337), and any Extension that may be subsequently granted. 3. Previous Conditions of Approval: The conditions of approval contained herein shall be considered additional to those provided by City Council Ordinance No. 2185. Building Division 4. Staging/Sales and Occupancy: Prior to grant of occupancy, the applicant shall provide a final occupancy plan demonstrating how the project will be staged for sales and how structures will be visited by prospective buyers. Plan shall also indicate how completed units will be occupied while other units are still being constructed. COUNTY FIRE DISTRICT 5. Fire Department Access: The main through street shall be fully constructed and connected between Sam Cava Lane and Dillon Avenue prior to the completion of Phase 1, and more specifically prior to occupancy of Building 12.