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CC Resolution 9994 . RESOLUTION NO. 9994 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A PARKING ADJUSTMENT TO ALLOW REDUCED PARKING SPACE REQUIREMENTS FOR ON- AND OFF-SITE PARKING SPACES IN CONJUNCTION WITH A CONDITIONAL USE PERMIT (PLN 2002-6) PERMITTING THE EST ABLISHMENT OF A BANK WITHIN AN EXISTING COMMERCIAL BUILDING ON PROPERTY OWNED BY MR. ROBERT RAFF ANTI AT 238 E. CAMPBELL AVENUE 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. PLN2002-6. 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 PLN2002-6: 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 42 parking spaces provided on the three subject properties falls short of the parking requirement of 46 spaces for the bank, retail and offices uses. 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. The provision of shared parking will compensate for the lack of parking designated for the businesses. 4. The parking in both lots will be required to be made available by the public on weekday evenings after 6:00 p.m. and all day on the weekends. The parking areas shall be posted with signage indicating that the parking is available to the public during these times. 5. The proposed project is consistent with other developments in the surrounding area and is consistent with the development standards for commercial uses. 6. 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. 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. City Council Resolution PLN2002-6- 238 E. Campbell Avenue - Parking Adjustment Page 2 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- and off-site parking spaces in conjunction with a Conditional Use Permit (PLN 2002-6) 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 1. Proiect Approval: Approval is granted for a Conditional Use Permit (PLN 2002-6) allowing the establishment of a bank in an existing commercial building on property located at 238 E. Campbell Avenue, consisting of tenant improvements, storefront remodel, and on- and off- site parking lot improvements. The building and site design shall substantially conform to the project exhibits listed below, except as may be modified by the Conditions of Approval herein: a. Set of plans received by Bruno Marcelic, Architect, on February 15, 2002, including building elevations and site plan. b. Color elevation submitted by Bruno Marcelic, Architect, on February 15,2002. 2. Parking and Driveways: All parking and driveway areas shall be developed in compliance with the approved plans and Chapter 21.50 (Parking and Loading) of the Campbell Municipal Code. Additionally, the following requirements shall be met: a. As required by the C-3-S Zoning District and in the interests of providing shared parking facilities in the downtown, the property owners are required to allow the ~ City Council Resolution PLN2002-6- 238 E. Campbell A venue - Parking Adjustment Page 3 public usage of both parking lots in the weekday evenings after 6:00 p.m. and all day on the weekends. Before the issuance of building permits, the applicant shall execute a deed restriction to this effect. The parking areas shall be posted with sign age indicating that the parking is available to the public during these times before issuance of a certificate of building occupancy. b. Before the issuance of building permits, the applicant shall execute a deed restriction on the off-site parking lot at 262 Pine A venue stipulating that all the parking on the parcel is required for the commercial buildings at 238 E. Campbell A venue and 260-66 E. Campbell A venue. c. All compact spaces shall be marked as compact. PASSED AND ADOPTED this ~day of March, 2002, by the following roll call vote: AYES: COUNCILMEMBERS: Dean, Burr, Kennedy, Furtado, Watson NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None APPROVED: ~~~ Jea~tte Watson, Mayor ATTEST: ) , () ~~,~ L~7~,-P+). Anne Bybee, City Clerk