CC Resolution 11717RESOLUTION NO. ii~i~
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL DENYING AN APPEAL AND UPHOLDING
ASSESSMENT OF THE PARK IMPACT FEE ASSOCIATED WITH
CONSTRUCTION OF A NEW SINGLE-FAMILY RESIDENCE ON
PROPERTY LOCATED AT 226 SUNNYSIDE AVENUE IN THE P-D
(PLANNED DEVELOPMENT) ZONING DISTRICT.
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 City Council finds as follows: ~
1. The project site is a 4,200 square-foot parcel developed with a new single-family
residence, located along the south of side of Sunnyside Avenue at the intersection with
South First Street.
2. The project site is adjacent to the VTA light-rail alignment to the west and south, and
small apartment buildings to the east and north (across the street).
3. The new single-family residence was entitled pursuant to an Administrative Planned
Development Permit (PLN2012-46) approved by the Community Development Director
on July 30, 2012.
4. An application fora building permit (BLD2012-00944) for the new single-family
residence was submitted in October 23, 2012 and issued on April 30, 2013.
5. A previous residence on the property was demolished pursuant to a demolition permit
issued March 7, 2007, as corroborated by dated imagery and County records.
6. The Park Impact Fee is intended to assist the city to implement the adopted general
plan as it pertains to providing parks and open space. This fee is assessed upon
construction of new dwelling units (CMC Sec. 13.08) and creation of new parcels
through a subdivision (CMC Sec. 20.24).
7. Replacement of an existing "legally constructed unit" does not necessitate assessment
of~a Park Impact Fee pursuant to Campbell Municipal Code Section 13.08.030.
8. As defined by Campbell Municipal Code Sections 13.08.020 and 20.24.020, a "Legally
constructed unit" means any building or portion thereof which contains living facilities,
including provisions for sleeping, eating, cooking and sanitation as required by the
Uniform Building Code and for which building permits were issued, inspections
conducted and approved and a final certificate of occupancy issued, in accordance with
the building codes then in effect, and the ordinances of the city. Legally constructed
units shall include those demolished units that met the above definition when
constructed, provided they existed within two years of dedication of park land or
payment of the park fee required under this chapter.
9. Since the previous residence was demolished more than two years after issuance of a
building permit, a "legally constructed unit" no longer existed on the property.
City Council Resolution -Park Impact Fee Appeal Page 2
226 Sunnyside Ave.
Based upon the foregoing findings of fact, the City Council further finds and concludes
that:
1. Construction of the new single-family residence occurred on a vacant lot without a
previous legally constructed unit and is therefore subject to a Park Impact Fee pursuant
to Campbell Municipal Code Chapter 13.08.
2. There is reasonable relationship between the need for the park facilities and the
impacts of the development.
3. There is reasonable relationship between the fees use and the impacts of the
development.
4. The determination of the fair market value of commercial or residential property or
recreational facilities in the city by the city manager or his/her designee is reasonable.
5. The credits provided in Campbell Municipal Code Section 13.08.110 have been
properly applied.
6. Assessment of a Park Impact Fee is exempt from the provisions of the California
Environmental Quality Act (CEQA) in that an impact fee is not a "project" as defined by
Public Resources Code §21065 and CEQA specifically excludes administrative
activities that will not result in direct or indirect physical change in the environment
pursuant to CEQA Guidelines §15378.
THEREFORE, BE IT RESOLVED that the City Council denies an appeal and upholds
assessment of the Park Impact Fee associated with construction. of a new single-family
residence on property located at 226 Sunnyside Avenue in the P-D (Planned
Development) Zoning District.
PASSED AND ADOPTED this stn day of August , 2014, by the following
roll call vote:
AYES: COUNCILMEMBERS: Baker, Low, xotowski, Waterman
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Cristina
ABSTAIN: COUNCILMEMBERS:
APPROVED: ~`~
Ric and M. Waterman, Mayor
ATTEST:
nne Bybee, ity Clerk