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CC Resolution 12360RESOLUTION NO. 12360 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING 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 City Council 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. Further Evidentiary Findings 2. 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. 3. The project site consists of a single parcel located on the southern side of Shelley Avenue between White Oaks Road and Bascom Avenue. 4. The lot is currently developed with one single-family residence that will be demolished as part of the proposed subdivision. 5. Abutting land uses include single-family homes to the west, and multi-family residential properties to the north, east, and south. 6. 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). 7. The project site is designated Low-Medium Density Residential (6-13 Units / Gr. Acre) as shown on the Campbell General Plan Map. City Council Resolution No. 12360 Page 2 of 3 PLN2018-137 - 50 Shelley Avenue - Approving a Parking Modification Permit 8. 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. 9. The proposed Parking Modification Permit, may be approved concurrently, and subject to, a Tentative Subdivision Map, Planned Development Permit and Zoning Map Amendment. 10. 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. 11. The distribution of parking spaces by type (guest vs. assigned) results in a more functional shared use of space for the four units. 12. 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 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 (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 City Council approves a Parking Modification Permit (PLN2018-137) to allow guest parking to be permitted in lieu of required assigned parking, subject to the attached Conditions of Approval (attached Exhibit A). City Council Resolution No. 12360 3 Page 3 of PLN2018-137 - 50 Shelley Avenue - Approving a Parking Modification Permit PASSED AND ADOPTED this 18th day of September, 2018, by the following roll call vote: AYES: COUNCILMEMBERS: Gibbons, Landry, Cristina, Waterman, Resnikoff NOES: COUNCILMEMBERS: None ABSTAINED: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ~,~ ~~ APPROVED: Paul Resnikoff, Mayor ATTEST: ~~/ Wendy o ,City Clerk EXHIBIT A 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 August 27, 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.