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MEMORANDUM ~~
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To: Daniel Fama, Associate Planner
From• Wendy Wood, Deputy City Clerk
CITY OF CAMPBELL
City Clerk's Office
Date: October 24, 2014
Subject: Approval of payment terms for Park Impact Fee on Property located
at 226 Sunnyside Avenue
At its regular meeting of October 21, 2014, City Council adopted Resolution 11739
authorizing the City Manager to enter into a payment agreement with Andrew and
Ashley Bothman for payment of a Park Impact Fee associated with construction of a
new single-family residence on property located at 226 Sunnyside Avenue.
A certified copy of Resolutions 11739 is attached for your records.
RESOLUTION NO. 11739
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL AUTHORIZING THE CITY MANAGER TO ENTER INTO
A PAYMENT AGREEMENT WITH ANDREW AND ASHLEY
BOTHMAN FOR PAYMENT OF A PARK IMPACT FEE ASSOCIATED
WITH CONSTRUCTION OF A NEW SINGLE-FAMILY RESIDENCE
ON PROPERTY LOCATED AT 226 SUNNYSIDE AVENUE.
WHEREAS, Andrew and Ashley Bothman are sole owners ("owners") in fee of certain
real property commonly known as 226 Sunnyside Avenue, Campbell, California
("subjec:t property");
WHEREAS, owners constructed a new single-family residence on the subject property
pursuant to Building Permit BLD2012-00944, which was granted a Certificate of
Occupancy on June 17, 2014 on the basis of a Cash Deposit for a Faithful Performance
Agreement entered into by the owners on April 10, 2014;
WHEREAS, the Community Development Director determined that the construction of
the single-family residence occurred on a vacant lot without the presence of a "legally
constructed unit" as defined by the Campbell Municipal Code and therefore
necessitated payment of a Park Impact Fee; and
WHEREAS, at its August 5, 2014 meeting, the City Council denied an appeal of the
Community Development Director's determination and directed the City Manager to
enter into an agreement for a payment plan with the owners for remittance of the Park
Impact Fee.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby
authorize the City Manager to enter into a payment agreement with Andrew and Ashley
Bothman for payment of a Park Impact Fee subject to the following terms:
DEPOSIT: The $5,000 cash deposit provided as security to the April 10, 2014 Cash
Deposit for a Faithful Performance Agreement shall be applied to the $9,986 Park
Impact Fee, reducing the balance due to $4,986.
PERIOD: Payment of the remaining Park Impact Fee ($4,986) shall be paid over a
period of twenty-four (24) months.
INTEP.EST: Three and one half percent (3.5%) compounding interest shall be applied.
TIMING: Owners shall sign the payment agreement within fourteen (14) days of it being
provided by the City. Failure to do so shall constitute breach of the Cash Deposit for
Faithful) Performance Agreement subject to the remedies provided therein.
INITIATION: The First Payment shall be due the first day of the next month following
execution of the payment agreement. THE „~~ r ~ TnuE
AND ComECr DOPY aR THE ORIC;1INAL
ON FILE IN THlS OFRCE.
ATTEST: ANNE BYBEE, CITY CLE!*
CITY OF G AIPBELL, G
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City Council Resolution
226 Sunnyvale Payment Plan
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PASSED AND ADOPTED this 21st
CaII VOtE::
AYES:
NOES:
ABSENT:
ABSTAI N
ATTEST
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
day of
October
2014, by the following roll
Baker, Low, Kotowski, Waterman
None
None
Cristina ,
APPROVED:-
Ri
Anne Bybee, City Clerk
rman, Mayor
CITY of CAMPBELL
Ciry Clerk's Office
October 22, 2014
Andrew and Ashley Bothman
226 Sunnyside Avenue
Campbell, CA 95008
RE: Approval of Payment Terms -Park Impact Fee - 226 Sunnyside Avenue
Dear Mr. and Mrs. Bothman:
At its regular meeting of October 21, 2014, the Campbell City Council considered a
proposed agreement for the payment terms for park impact fees associated with
construction of a new single-family residence on property located at 226 Sunnyside
Avenue. After due consideration, the City Council adopted Resolution 11739 approving
payment terms for the park impact fees as follows:
Deposit: Apply the $5,000 deposit to the $9,986 Park Impact Fee to reduce the
balance owed to $4,986.
Period: Require payment of the remaining balance over two (2) years.
Interest,: Three and one-half percent (3.5%) compounding interest shall be applied.
Timing: Owners shall sign the payment agreement within fourteen (14) days of it being
provided by the City. Failure to do so shall constitute breach of the Cash Deposit for
Faithful Performance Agreement.
Initiation: The first payment shall be due the first day of the next month following
execution of the payment agreement.
Enclosed is a certified copy of Resolution 11739. Please feel free to contact
Community Development and/or Daniel Fama, Assistant Planner, (866-2140), should
you have any questions regarding the City Council's action.
Sincerely,
nne Bybee
City Clerk