CC Resolution 12139RESOLUTION NO. 12139
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL APPROVING 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 S. 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 City Council 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,
the removal of one driveway and tree on public property, the expansion of a trash
enclosure and restriping of parking stalls on the adjacent City parking lot.
4. The total building area after the expansion/addition would be approximately 21,190
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 vvould 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 aone-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).
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.
City Council Resolution No. Page 2 of 4
PLN2017-009 - 276 E. Campbell Ave. -Parking Modification Permit
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 30 stalls.
13. The number of parking spaces the project would be deficient under the restaurant and
office land use scenario would be approximately 31 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 $7,027.20 per parking space the
project is deficient. This would translate to a total amount due of $210,816.00 fora 30
stall parking deficiency, or 217,843.20 based on a 31 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 the Parking Modification Permit.
City Council Resolution No. Page 3 of 4
PLN2017-009 - 276 E. Campbell Ave. -Parking Modification Permit
25. Parking impacts would be mitigated to a 'less than significant level' with the imposition
of the proposed mitigation measure.
26. 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.
27. A Mitigated Negative Declaration (MND) was previously adopted for this project in
accordance with the California Environmental Quality Act (CEQA). The removal of
existing parking spaces, as well as the parking demand generated by new uses had
been considered as part of the Mitigated Negative Declaration, and Mitigation
Measures were established to reduce project impacts to a less than significant level.
As such, the previously approved MND remains valid, and all CEQA Mitigation
Measures established in the previously-approved MND would be applicable to this
application.
28. There are no responsible agencies or trustee agencies responsible for resources
affected by the project.
Based upon the foregoing findings of fact, the City Council 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.
6. The proposed parking arrangement would better serve the public safety or welfare and
would not be detrimental to the overall parking and circulation in the area.
City Council Resolution No. Page 4 of 4
PLN2017-009 - 276 E. Campbell Ave. -Parking Modification Permit
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 City Council approves a Parking Modification
Permit (PLN2017-009) to allow a reduction in the number of required parking spaces on
property 276-280 E. Campbell Avenue & a portion of a city parking lot (46 S. First
Street), subject to the attached Conditions of Approval (attached Exhibit "A").
PASSED AND ADOPTED this 4th day of April, 2017, by the following roll call vote:
AYES: COUNCILMEMBERS: Waterman, Cristina, Resnikoff
NOES: COUNCILMEMBERS: Landry, Gibbons
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
APPROVED: ~ ~~
"Liz" Gibbons, Mayor
ATTEST:
Wend~~4 ood, City Clerk
EXHIBIT A
CONDITIONS OF APPROVAL
Parking Modification Permit (PLN2017-009)
276 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 and 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 8~ Third Floor Tenant Space: The second and third floors of the
project shall be limited to professional office use.
3. Building Permit Submittal: The construction plans submitted for building permit review
and/or any encroachment permit (or similar permit issued by the Public Works
Department) shall incorporate the following revisions/notes:
Exhibit A -Conditions of Approval ~ 276 E. Campbell Ave. (PLN2017-009) Page 2 of 3
a) Signage: Prior to building permit issuance, the project plans has 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 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 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.gov/data/inflation calculator.htm
In 2017 terms, this would translate to a total amount due of $210,816.00 for 30 stall
parking deficiency, or $217,843.20 based on a 31 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 -Conditions of Approval - 276 E. Campbell Ave. (PLN2017-009) Page 3 of 3
LED signs indicating the number of parking spaces available in the second-street
parking garage). As a secondary priority, the fees shall be used toward adding new
parking stalls in the downtown.
9. Restriping of Public Parking Stalls: Staff will work with the applicant to study the
restriping of parking stalls within the City's public parking lot at 46 S. First Street for the
possibility of retaining or gaining parking spaces.