CC Resolution 9369
RESOLUTION NO. 9369
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL DENYING AN APPEAL FOR A WAIVER OF THE
REQUIREMENT FOR PARK IMP ACT FEES AS A CONDITION OF
APPROVAL FOR A CONDITIONAL USE PERMIT RECENTLY
APPROVED BY THE PLANNING COMMISSION TO ALLOW AN
EXISTING 640 SQUARE FOOT SECONDARY LIVING UNIT ON A
SINGLE FAMILY LOT ON PROPERTY LOCATED AT 1017 LUCOT
WAY IN AN R-I-IO (SINGLE FAMILY RESIDENTIAL) ZONING
DISTRICT. FILE NO. UP 97-13.
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 UP 97-13:
1. The City received notice of an illegal secondary living unit on the subject property as a result
of a code enforcement complaint.
2. The applicant asserts that the secondary living unit has been occupied for approximately 20
years since conversion of the structure from a garage.
3. The City has no records verifying the date when the garage was converted to a secondary
living unit.
4. The applicant has not submitted information to the City that the secondary living unit was
legally created by converting an existing garage to a one-bedroom structure.
5. No verification has been submitted by the applicant which shows that Park Impact Fees in
lieu of dedication have been paid in the past and the City has no records of previously-paid
Park Impact Fees for the unit.
6. The applicant is requesting approval of a waiver of the Park Impact Fee based upon the
reason that the secondary living unit was established prior to adoption of the Park Impact Fee
Ordinance which requires payment for development of a secondary living unit.
7. The current Park Impact Fee for a secondary living unit is $5,635.
8. There is a reasonable relationship between the need for park facilities and the impacts of the
development.
9. There is a reasonable relationship between the fees' use and the impacts of the development.
City Council Resolution 9369
UP 97-13 -- 1017 Lucot Way - Linda Waldon
Page 2
10. The determination of the fair market value of commercial or residential property or
recreational facilities in the City by the City Manager or his/her designee is not unreasonable,
as applied to the applicant's development or property.
11. The secondary living unit does not qualify for credits against the Park Dedication
requirements of the Park Impact Fee Ordinance for developments.
12. The project does not require subdivision of land and therefore, the application does not meet
grounds for a waiver of Park Impact Fees under the Park Impact Fee Ordinance pertaining to
subdivision of land.
Based on the foregoing findings of fact, the City Council further finds and concludes that:
1. The applicant has not demonstrated that the Park Impact Fee for the secondary living unit
should be waived based upon the any of the grounds which are stated in the Park Impact Fee
Ordinance to allow a waiver.
PASSED AND ADOPTED this .2..l.s..L day of
call vote:
April
, 1998, by the following roll
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Conant, Furtado, Watson
Dougherty
Dean
None
ATTEST:
a~~
Jeanette Watson, Mayor
Anne Bybee, City Clerk