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CC Resolution 10088 RESOLUTION NO. 10088 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A PARKING ADJUSTMENT TO ALLOW REDUCED PARKING SPACE REQUIREMENTS FOR ON- SITE P ARKING SPACES IN CONJUNCTION WITH A CONDITIONAL USE PERMIT (PLN 2002-89) PERMITTING THE ESTABLISHMENT OF A BANK WITHIN AN EXISTING COMMERCIAL BUILDING ON PROPERTY OWNED BY MR. ABBAS HAGHSHENAS AT 125 E. CAMPBELL A VENUE IN THE C-3-S (CENTRAL BUSINESS DISTRICT) ZONING DISTRICT. APPLICATION OF MR. RENE KAKEBEEN, ON BEHALF OF LEGACY BANK, N.A. (PROPOSED). FILE NO. PLN2002-89. After notification and public hearing, as specified by law, and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented. the City Council did find as follows with respect to application PLN2002-89: 1. The development of the proposed project will result in a use that is consistent with the General Plan land use of commercial uses for this area. 2. The proposed project is consistent with policies and the design guidelines of the Campbell Downtown Development Plan. 3. The property was approved with a shared parking arrangement for the office, retail, and residential uses. A total of 53 parking spaces are provided. At the time that the Parking Adjustment was approved by the City Council for the development of the mixed-use project in 1997, a mixed-use parking analysis was completed that projected a maximum demand of 32 to 59 spaces depending on the time of day. 4. As part of the previous approval of the Parking Adjustment for the alternative bank location in March 2002, the City Council found that the proposed bank use is more similar to retail uses and that the current parking requirement for banks is outdated. 5. The existing parking will adequately meet the demands generated by the change in use and will not be detrimental to the overall parking and circulation in the area. 6. The proposed project is consistent with other developments in the surrounding area and is consistent with the development standards for commercial uses. 7. The project is not located in a particularly sensitive environment; and no substantial evidence has been presented to suggest that there is a reasonable possibility that significant environmental impacts would result from the project due to unusual circumstances or from the cumulative impacts of successive projects of the same type in the same place. City Council Resolution PLN2002-89- 125 E. Campbell Avenue - Parking Adjustment Page 2 Based upon the foregoing findings of fact, the City Council further finds and concludes that: 1. The proposed development and uses clearly will result in a more desirable environment and use of the land than would be possible under any other zoning classification. 2. The development and uses will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. 3. The proposed parking area will not be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city. 4. The proposed parking area is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such use would generate. 5. The proposed parking area is compatible with the uses in the area. 6. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project NOW, THEREFORE, BE IT RESOLVED that the City Council approves a Parking Adjustment to allow reduced parking space requirements for on-site parking spaces in conjunction with a Conditional Use Permit (PLN 2002-89) to allow the establishment of a bank within an existing commercial building, subject to the following conditions: 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. Proiect Approval: Approval is granted for a Parking Adjustment (PLN2002-89) allowing the establishment of a bank in an existing commercial building on property located at 125 E. Campbell A venue with an on-site parking deficiency. The building and site design shall substantially conform to the set of plans submitted by Bruno Marcelic, Architect, on July 15, 2002, including building elevations and site plan, except as may be modified by the Conditions of Approval herein. City Council Resolution PLN2002-89- 125 E. Campbell Avenue - Parking Adjustment Page 3 PASSED AND ADOPTED this 17th day ofSepternber , 2002, by the following roll call vote: A YES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCll..MEMBERS: COUNCll..MEMBERS: COUNCll..MEMBERS: Dean, Burr, Kennedy, Furtado, Watson None None None APPROVED: /...drP~ Je~Ue Watson, Mayor ATTEST: "I " ~ b;A! L _ciA!Z-l,<-c Anne Bybee, City Clerk