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PC Res 4219RESOLUTION NO. 4219 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A MODIFICATION (PLN2015-49) TO A PREVIOUSLY APPROVED TENTATIVE VESTING SUBDIVISION MAP (PLN2013-339) 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: PLN2015-49 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 PLN2015-49: 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 October 21, 2014, the City Council adopted Resolution No. 11736 approving a Tentative Vesting Subdivision Map allow a residential subdivision consisting 81 in-fee townhome parcels, three apartment parcels (for rental purposes), and associated common parcels. The Tentative Vesting Subdivision Map as approved subject to a Planned Development Permit approved by Ordinance No. 2185 adopted on November 3, 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. 4219 280 Dillon Ave., et. al. -Recommending Approval of a Modification to a Tentative Vesting Subdivision Map Page 2 of 3 9. An application for a Modification of the approved Tentative Vesting Subdivision Map is required to allow recordation of two tract maps (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. Prior to recordation of a Tract Map for Phase 1, the applicant shall enter into an Inclusionary Housing Agreement to provide below market rate units in compliance with the City of Campbell Inclusionary Housing Ordinance. The Approved Project will include a proportional share of below market rate units for each phase. 13. 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 Modified Vesting Tentative Subdivision Map is consistent with the General Plan and Zoning Ordinance of the City. 2. The proposed Modified Vesting Tentative Subdivision Map does not impair the balance between the housing needs of the region and the public service needs of its residents and available fiscal and environmental resources. 3. The design of the Modified Vesting Tentative Subdivision Map provides, to the extent feasible, for future passive or natural heating and cooling opportunities. 4. The Modified development and uses will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. 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. Planning Commission Resolution No. 4219 280 Dillon Ave., et. al. -Recommending Approval of a Modification to a Tentative Vesting Subdivision Map Page 3 of 3 8. The proposed Modified Vesting Tentative Subdivision Map does not change the nature or scope of the project (i.e., number of units, building square-footage, or land area) as 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 (PLN2015-49) to a previously approved Tentative Vesting Subdivision Map (PLN2013-339) 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 ], ~ . APPROVED: Pamela Finch, a' ATTEST: n, Secretary EXHIBIT A RECOMMENDED CONDITIONS OF APPROVAL Modification to a Tentative Vesting Subdivision Map (PLN2015-49) 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 Modification (PLN2015-49) to a previously approved Tentative Vesting Subdivision Map (PLN2013-339) to allow recordation of two Tract Maps for an approved residential subdivision 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 Tract Maps shall substantially conform to the Modified Vesting Tentative Map (Sheet T-1 ), 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 (PLN2015-49) approving recordation of two tract maps (phasing plan) shall be valid for the same period of approval as granted for the Tentative Vesting Subdivision Map (PLN2013-339), 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 Resolution No. 11736, with the exception of Condition of Approval No. 4 (Below Market Rate Housing), below, which shall supersede the previous Below Market Rate Housing Condition of Approval (No. 10). 4. Below Market Rate Housing: In compliance with CMC 21.24 (Inclusionary Housing Ordinance), the developer shall enter into an inclusionary housing agreement ("Agreement") with the City to provide twelve (12) townhome units at below market rate (BMR) prices to moderate-income households. Six (6) of the units shall be three-bedroom units and six shall be four-bedroom units. However, the four-bedroom units shall be priced as three-bedroom units (assumed 4-person household size). Seven (7) units shall be provided in Phase 1 and five (5) units shall be provided in Phase 2 and distributed as shown on the Phasing Plan. The BMR units shall be comparable to the design of the market-rate units in terms of appearance, materials and finished quality, as determined by the Community Development Director. The applicant shall pay a fee of $1,229 to cover the staff cost for preparation of the Agreement. The Agreement shall be executed and recorded prior to recordation of the Tract Map for Phase 1. Recommended Conditions of Approval ~ 280 Dillon Ave., et. al. Modification to a Tentative Vesting Subdivision Map - PLN2015-49 Pape 2 PUBLIC WORKS DEPARTMENT 5. All previous Conditions of Approval identified in City Council Ordinance No. 2185 and City Resolution No. 11736, shall be satisfied with Phase 1 of the project, with the following exceptions: a. The right-of-way dedications and corresponding frontage improvements adjacent to Phase 2 can be deferred to the implementation of Phase 2. b. On-site grading and site improvements associated with Phase 2 can be deferred to the implementation of Phase 2. c. The subdivision of property, and granting of associated easements, within Phase 2 can be deferred to the implementation of Phase 2.