CC Resolution 8764
RESOLUTION NO.
BEING A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CAMPBELL UPHOLDING THE
CONDITIONAL APPROVAL OF THE PLANNING
COMMISSION (RESOLUTION NO., 2889) WITH THE
EXCEPTION OF AN ADJUSTMENT IN THE PARK
IMPACT FEE FROM $10,990 TO $5,635, FOR PROPERTY
LOCATED AT 1205 LOVELL AVENUE.
8764
After notification and public hearing as specified by law on the application of Mr. Guido
Zvigzne, on behalf of Mr. Randy Bowyer, to eliminate the three Conditions of Approval as
set by the Planning Commission including: waiver of the City's Park Impact and Storm
Area Drainage Fees and a waiver of the requirement to hook up the secondary living unit
located at 1205 Lovell Avenue to the sanitary sewer system; 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 fmd as follows with
respect to the appeal of three conditions for UP 93-15:
1. Approval of a secondary unit of 640 square feet with one bedroom creates a demand
for park facilities typical to that of a studio apartment in a high-density residential
zone and is subject to the Park Impact Fee Ordinance per Section 13.08.030(A)
Campbell Municipal Code.
2. A secondary living unit anticipates an occupancy of 1.61 persons per unit similar to a
dwelling unit in a high density residential area and creates a park demand as defmed
in Sections 13.08.050 and 13.08.060 of the Campbell Municipal Code.
3. A Park Impact Fee of $5,635 represents the anticipated cost of park land necessary to
service 1.61 persons at the City standard of 4 acres per thousand residents pursuant
to Sections 20.24.080 and 13.08.080 of the Campbell Municipal Code.
4. The applicant has not adequately demonstrated grounds for a waiver as provided in
Section 13.08.120 -- Waiver and Appeals of the Park Impact Fee Ordinance.
5. Applicant has not adequately demonstrated that the project is not subject to imposition
of the Storm Area Drainage Fee. Fee is consistent with City Ordinance and required
per City Ordinance #260 and Resolution #8324.
6. Connection to sanitary sewers is required by Sections 14.04.010 and 14.04.160 of
the Campbell Municipal Code and County Health Department Policies. Applicant has
not adequately demonstrated that the project is not subject to the imposition of this
requirement
PASSED AND ADOPTED this ~ day of January 1995, by the following roll call vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
Watson, Dougherty, Conant, Wilkinson, Burr
None
None
None
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ATTEST: /L?l"(\, /"~"""J{(L'__
Anne Bybee, City Oerk
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