PC Res 4455RESOLUTION NO. 4455
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A
PARKING MODIFICATION PERMIT (PLN2018-137) TO ALLOW
TWO ASSIGNED PARKING SPACES TO BE PROVIDED AS
GUEST PARKING ON PROPERTY LOCATED AT 50 SHELLEY
AVENUE.
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 No. PLN2018-137:
Environmental Finding
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.
Evidentiary Findings
The proposed project ("project") includes a Planned Development Permit (PLN2017-
395) for the approval of site configuration, architectural design, increased fence height
and to create lots which do not have frontage on a public street, Tentative Subdivision
Map (PLN2017-394) to create four single family lots and one commonly owned lot,
Zoning Map Amendment (PLN2017-393) to change the zoning from R-M (Multiple-
Family Residential) to P-D (Planned Development), Tree Removal Permit (PLN2017-
397) to allow for the removal of three trees on the site, and a Parking Modification
Permit (PLN2018-137) to allow two assigned parking spaces to be provided as guest
parking.
2. The project site consists of a single parcel located on the southern side of Shelley
Avenue between White Oaks Road and Bascom Avenue
3. The lot is currently developed with one single-family residence that will be demolished
as part of the proposed subdivision.
4. Abutting land uses include single-family homes to the west, and multi-family
residential properties to the north, east, and south.
5. The project site is zoned R-M (Residential Multifamily) as shown on the Campbell
Zoning Map and will be rezoned to P-D (Planned Development).
Planning Commission Resolution No. 4455 Page 2 of 3
PLN2018-137 - 50 Shelley Avenue - Recommending a Parking Modification Permit
6. The project site is designated Low-Medium Density Residential (6-13 Units / Gr. Acre)
as shown on the Campbell General Plan Map.
7. The proposed residential land use, at a density of 7.8 units/gr. acre, is consistent with
the allowable land use and maximum density permitted by the Low-Medium Density
Residential General Plan land use designation.
8. The proposed Parking Modification Permit, may be approved concurrently, and subject
to, a Tentative Subdivision Map, Planned Development Permit and Zoning Map
Amendment.
9. The project proposes 12 parking spaces (8 covered, 4 guest), where 12 parking spaces
(8 covered, 2 assigned, 2 guest) are required which is allowed with the approval of the
associated Parking ,Modification Permit (PLN2018-137) which allows for guest parking
to be permitted in lieu of required assigned parking.
10. The distribution of parking spaces by type (guest vs. assigned) results in a more
functional shared use of space for the four units.
11. 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.
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 (type) 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 (type) 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. 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 (PLN2018-137) to allow guest parking to be permitted in lieu
Planning Commission Resolution No. 4455 Page 3 of 3
PLN2018-137 - 50 Shelley Avenue - Recommending a Parking Modification Permit
of required assigned parking, subject to the attached recommended Conditions of
Approval (attached Exhibit A).
PASSED AND ADOPTED this 14t" day of August, 2018, by the following roll call vote:
AYES: Commissioners: Hernandez, Krey, Ostrowski and Rivlin
NOES: Commissioners:
ABSENT: Commissioners: Ching, Dodd, and Rich
ABSTAIN: Commissioners:
~~~~~
APPROVED:
Jo Ile Hernandez, Acting C a'
ATTEST:
Paul Kermoyan, Secretary
EXHIBIT A
RECOMMENDED CONDITIONS OF APPROVAL
Parking Modification Permit (PLN2018-137)
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
Approved Project: Approval is granted for a Parking Modification -Permit (PLN2018-
137) to allow guest parking to be provided in lieu of required assigned parking, in
conjunction .with and subject to a Planned Development Permit (PLN2017-395)
approving site configuration, architectural design, increased fence height and to create
lots which do not have frontage on a public street; a Zoning Map Amendment
(PLN2017-393) to allow a P-D zoning designation, Tentative Subdivision Map
(PLN2017-394), and Tree Removal Permit (PLN2017-397) on property located at 50
Shelley Avenue. The project shall substantially conform to the Project Plans dated
July 9, 2018 except as may be modified by the Conditions of Approval herein.
2. Planning Final Required: Planning Division clearance is required prior to Building
Permit final.
3. Approval Expiration: The Parking Modification Permit approval is valid for a period of
two years from the date of final City Council approval unless an extension is granted
prior to the expiration date. A building permit must be obtained within this two-year
period or the Parking Modification Permit shall be void.
4. Parking: Prior to occupancy, twelve parking spaces (8 covered and 4 uncovered guest
parking spaces) shall be provided. Uncovered parking spaces shall be adequately
striped in the locations shown on the Project Plans, and employ signage to indicate
adequate signage to signify the total number and availability to guests of all units at all
times to the satisfaction of the Director of Community Development. Areas not to be
used as parking (i.e. fire lanes,. and fire truck turnaround areas) shall be adequately
signed and painted (red curb) to indicate that no parking is to occur in the specified
areas.