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PC Res 4366 RESOLUTION NO. 4366 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMEPJDING THAT TFiE .CITY ~ . COUNCIL APPROVE A PARKING MODIFICATION PERMIT (PLN2017-009) TO ALLOW A :REDUCTION IN THE NUMBER OF REQUIRED PARKING SPACES ON PROPERTY AT 276-280 E. CAMPBELL AVENUE & A PORTION OF A .CITY PARKING LOT _ (46 $. FIRST STREET): FILE NO.: PLN2017-009 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 PLN2017-009: 1. The project site is zoned C-3 (Central Business District) and designated Central - Commercial by the General Plan Land Use Map. . 2. The project site is located at the southeast corner of E.`Campbell Avenue and S. First Street,. and consists of .a single rectangular shaped parcel 15,924 square feet in area, _ as well as a small portion of the City parking lot located at 46 S, First Street. 3. The proposed project ("project") would, allow the construction of an approximately - 10,819 square-foot two and three-story expansion of an existing commercial building, 'J "the removal of one driveway and tree on public property, the expansion of a trash enclosureand restriping of parking stalls on the adjacent City parking lot. 4. The total building .area after the expansion/addition' would be approximately 2.1,190 square feet (10,371 sq. ft. existing + 10,819 sq. ft. addition). 5. The applicant's proposal would result in a,.Floor Area Ratio (FAR) of 1.33, where a maximum FAR of 1.5 is permitted when satisfying specific findings specified in in the C- 3 (Central Commercial) Zoning District. ~ - . 6. The applicant's proposal would result in a 45-foot tall building, where a maximum height of 45-feet is allowed. 7. The project site is generally bordered by a one-story building to the east, a public - parking lot to the south, atwo=story building at~the far northwest. corner (Starbucks), and a`one-story book store {Recycle Bookstore) to the north. - 8. The Parking Modification Permit may be. approved contingent on, and subject to, .adoption of a Mitigated Negative Declaration (PLN2016-309) by the Planning Commission. 9. The Parking Modification Permit may be approved contingent on, and subject to, approval on a request for a Site and Architectural Review Permit (PLN2016-187) for the proposed project. 10. The applicant has proposed the payment of at least $6,000 per parking space that the project is deficient. Planning Commission Resolution No. 4366 Exhibit A -Recommending Approval ~ 276 E. Campbell Ave. (PLN2017-009) Page 2,of 4 11. The number of `deficient' parking spaces is based on the number of stalls the project is required to provide, by the City , of Campbell Municipal.- Code prior to approval of 'a Parking Modification Permit. " 12. The number of parking spaces the project would be deficient under a retail parking . standard and office land use scenario would be approximately 31 stalls. 13. The number of parking spaces the project would be deficient under the restaurant and office land "use scenario would be approximately 32 stalls. 14. Conditions of-Approval have been incorporated to account for inflation. As such, the realized payment would be higher than $6,000 per stall, and based on the relative increase in the Consumer Price Index (CPI) as published by the United States Bureau of Labor Statistics and the time paid. In 2017, a base amount of $6,000 per stall, with a base year.. of 2007, would yield a` payment due of $7,027.00 per parking space the project is deficient. This vvould translate to a total amount due of $210,816.00 for 31. stall parking deficiency, or 217,843.20 based on a 32 stall parking deficiency. ~~ 15..Conditions of Approval have been incorporated 'to reflect the, .restrictions on the land use scenarios to ensure that a greater per-code parking deficiency would not occur. 16. The project would result in the removal of five parking spaces in the privately owned parking lot behind Opa's. 17. The project would result in the removal of one parking space in the public parking lot on S. First Street (46 S. First Street). 18. The project would result in the net gain of one public parking space on S. First Street. 19. Parking for a retail use is based on a per-code parking requirement of one space for every 345 square feet of gross floor area. 20. Parking for a bank use is based on a per-code parking requirement of one space per 350 square feet of gross floor area. 21. Parking for a service commercial use' is based on a per-code parking requirement of :one space per 345 square feet of gross floor area. 22. Parking for office use is based on a per-code parking requirement of one space for every 425 square feet of gross floor area. 23. Parking for a restaurant use was based on a parking standard of one space for every four seats. 24. Whereas a payment of $6,000 per parking space may not adequately offset all parking impacts of the project, the Mitigation Measure incorporates flexibility for the City . Council to impose additional fees. or requirements on the project as deemed necessary to approve a Parking Modification Permit. ~, Planning Commission Resolution No. 436.6 Exhibit A -Recommending Approval ~ 276.E. Campbell Ave. (PLN2017-009) Page 3 of 4 25: The adoption of a Mitigated Negative Declaration (MND) does not require that `all impacts' of a project to be offset. Instead the option of a MND only requires parking impacts to be mitigated to a less than significant level. 26. Parking impacts would be mitigated to 'a `less than significant level' with the imposition of the proposed mitigation measure. 27. The payment of $6,000 per parking. space shall be used toward improvement parking - facilities in the Campbell Downtown and may be used toward the preparation of a Parking Demand Study, Parking Management Plan, the installation of LED signs indicating number of available parking spaces in the public parking garages (or green/red lights indicating availability of parking spaces overhead stalls), the soft or hard costs of developing;-new public parking spaces, or the development of a plan to realign Orchard City Drive to accommodate more parking spaces in the Water Tower Plaza parking lot. 28. An Initial Study has, been prepared for. the .project which provides documentation for the factual basis for concluding that a Mitigated Negative Declaration may be adopted' since no substantial evidence exists, in light of the whole record, that the project may have a significant effect on the environment as conditioned. 29. A Draft Mitigation Monitoring and Reporting Program has been provided demonstrating the responsible party and phase of the project that each Mitigation Measure shall be .carried out. - - " J 30. There are no responsible agencies or trustee agencies responsible for. resources affected by the project. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. Due to the. unique nature and circumstances of the. project, or special development features, the anticipated number of -parking spaces necessary to serve the use or structure is less than that required by the applicable off-street parking standards, and would be satisfied by the proposed number of parking spaces. - 2. Conditions of approval have been incorporated into the project to ensure the long-term adequacy of the provided off-street parking. 3. Approval of the -parking .modification permit will further the purpose of Campbell Municipal Code Chapter 21.28 (Parking and Loading). 4. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the. project. 5. There is a reasonable relationship between the fee's use and the type of development project on which the fee is imposed. Planning Commission Resolution No. 4366 Exhibit A -Recommending Approval ~ 276 E. Campbell Ave. (PLN2017-009) Page 4 of 4 6. The proposed parking arrangement would better serve the public safety or vvelfare and would not be detrimental to the overall parking and circulation in the area. 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. THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval of a Parking Modification Permit (PLN2017-009) to allow a reduction in the number of required parking spaces on property 276-280 E. Campbell Avenue 8~ a portion of a city parking lot (46 S. First Street), subject to the attached Recommended Conditions of Approval (attached Exhibit "A"). PASSED AND ADOPTED this 28th day of February, 2017, by the following roll call vote: AYES: -_ Commissioners: Dodd, Kendall, Reynolds, Rich, and Rivlin .NOES: ~ -Commissioners: ~ Hernandez - ABSENT: Commissioners - - ABSTALN: Commissioners: Young ATTEST: P APPROVED: e~w/ ~~ ~/ ~~~ vonne Kendall, Chair Paul Kermdy~fi; Secretary J EXHIBIT A RECOMMENDED CONDITIONS OF APPROVAL Parking Modification Permit (PLN2017-009) 27E E. Campbell Avenue 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 aril are not herein specified. COMMUNITY DEVELOPMENT DEPARTMENT Planning Division 1. Approved Project: Approval is granted for a Parking Modification Permit (PLN2017-009) to allow a reduction in the number of required .parking spaces on property located at 276-280 E. Campbell Avenue 8~ a portion of a city parking lot (46 S. First Street). The project shall substantially conform to the approved project plans, and `original color option' and color and. material board, stamped as received by the City of Campbell Planning Division February 15, 2017, except as may be modified by the Conditions of Approval herein. This permit shall be valid only in conjunction with the approval of a Site _ and Architectural Review Permit (PLN2016-187), the adoption of a Mitigated Negative Declaration .(PLN2016-309), and written approval by the Director of Public Works for all actions pertaining to public property and the public right of way. 2. Operational Standards: In order to manage the parking demand generated by the proposed building, the following operational standards are set to establish operating parameters -for potential land uses of the space. Significant deviations from these .standards (as determined by the Community Development Director) shall require review and approval of a new Parking Modification Permit by the City Council: a. Ground Floor Tenant Space: The ground floor tenant space may be used for any permitted use, or Conditional use with the approval of a Conditional Use Permit, provided that the- land use is parked at an equivalent or less intensive parking standard to that of .a retail use in the downtown. As an exception, a restaurant may be permitted to occupy the ground floor tenant space provided that the use is restricted to 12-seats (inclusive of all indoor and outdoor seating). Further, the ground floor tenant space shall be limited to 795 square feet as indicated on the approved project plans. This floor area restriction is intended to limit to potential expansion of the tenant space into areas designated as a `back of house/storage/trash area' (which.is to ensure adequate space for other tenants) or into areas designated ,for other uses. b. Second & Third Floor Tenant Space: The second and third floors of the project shall be limited to professional office use. 3. Buildirig Permit Submittal: The construction .plans submitted for. building permit review and/or .any encroachment permit (or similar permit issued bjr the Public Works Department) shall incorporate the following revisions/notes: Exhibit A -Recommended Conditions ~ 276 E. Campbell Ave. (PLN2017-009) Page 2 of 3 a) Si na e: Prior to building permit issuance, the project plans h,as incorporate details on the location, number and text proposed for signs.to be installed at the expanded trash.. enclosure,. restricting parking activity to those hours outside of trash servicing. The exact location, number and text proposed on the signs shall be .subject to the review and approval of the Director of Public Works. - 4. Occupancy: Prior to building occupancy all improvements in the public right-of-way and on public property shall be completed to the satisfaction of the Director of Public Works. 5. Parking Impact Fee: (Mitigation Measure TT-1) The. project- shall .pay the City of Campbell at least $6,000 per parking space the project is~ deficient. The number of `deficient' parking spaces shall be based on the number of stalls the project is required to provide by the City of Campbell Municipal Code prior to approval of a Parking Modification Permit. These fees shall be used toward improving parking facilities in the Campbell Downtown and niay be used toward the preparation of a Parking Demand Study, Parking Management Plan, the installation of LED signs indicating number of available parking spaces in public parking garages (or green/red lights. indicating the _ availability of parking spaces overhead stalls), the soft or hard costs of developing new public parking spaces, or the development of a plan to realign Orchard City Drive to accommodate .more parking spaces in the Water Tower Plaza parking lot. As a minimum, any additional fees or requirements imposed by the City .Council and agreed to by the project proponent as conditions of approval on the Parking ,Modification Permit, shall thereafter be considered as Mitigation Measures of the project. , 6. - Inflation:.The parking impact fee (noted by Mitigation Measure TT-1 & COA #5 above) shall account. for inflation. The fee paid shall reflect for the relative increase in the Consumer Price Index (CPI) as published by the United States Bureau of Labor Statistics at the time of payment. The amount owed shall be calculated with a base year of 2007 (when the Downtown Parking Impact Fee was originally established) and base value of $6,000.00. As an example, if the fee were paid in 2017 the amount due would be the base value of $6,000.00 plus $1,027.20 (accounting for-the increase in inflation between 2007 and 2017), for a total payment of $7,027.20 per parking space the project is `deficient'. The parking impact fee may be calculated by the United States Bureau of Labor Statistics CPI Inflation Calculator available online as follows: https://www.bls.govldata/inflation ~calculator.htm In 2017 terms, this would translate to a total. amount. due of $210,816.00 for 31 stall parking deficiency, or $217,843.20 based on a 32 stall parking deficiency. In 2018, 2019, and years beyond, the amount due is expected to be even higher. This condition of approval is intended to account for potential permit extensions or delays in construction, to ensure that such delays do not depreciate the relative value of the impact fee and its effectiveness in mitigating potential impacts. 7. Payment: Prior to occupancy, all parking impact fees shall be paid to the City of Campbell into a fund designated for improving parking facilities in the Campbell Downtown. 8. Prioritization -Use of Parking Impact Fees: In spending the parking impact fees, the first priority shall be given to installing new directional and parking availability signs (i.e. Exhibit A -Recommended Conditions ~ 276 E. Campbell Ave. (PLIV2017-009) Page 3 of 3 LED signs indicating the number of parking spaces available in th.e second=street parking garage). As a secondary priority, the fees shall be used toward adding new parking stalls in the dOVJntGwii.