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.