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Use Permit - Auto Sales - 2017Community Development Department April 13, 2017 Abdelrah~man (Alex) AI-Helew 1434 Essex Way, Unit 4 San Jose, CA' 95117 Re: PLN2017-98 - 125 E. Sunnyoaks Ave -Use- Permit -Wholesale/Retail Auto Sales _ , - Dear Applicant: Please be advised that at its meeting of April 11, 2017, the Planning Commission adopted Resolution No. 4375 approving a Conditional Use Permit (PLN2017-98) .to allovv-a motor vehicle sales (retail/wholesale) establishment on the above-referenced property. This action is effective in ten calendar days, unless appealed in writing to the City Clerk by close of business on Friday, April 21, 2017. The time within which. judicial review of this action must be sought is governed by Section 1094.6 of th.e California Code of- Civil ~~ Procedure, unless another statute (such as California Government Code Section 65009 or some other applicable provision) sets forth a more specific time period.. If you have any questions, do not hesitate to contact.me at (408) 866-2140. Sincerely, Daniel Fama - Senior Planner - cc James Ball (Property Owner) _ 125 E. Sunnyoaks Ave, Ste. 19 Campbell, CA' 95008 - Cindy Campbell, Campbell Police Department ~ - .~ ~ ~. ' ' ~ . RESOLUTION NO. 4375 - BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2017-98) TO ALLOW A MOTOR VEHICLE "SALES . (RETAIL/WHOLESALE) ESTABLISHMENT.- qN PROPERTY LOCATED AT 125 E: SUNNYOAKS AVENUE, STE. 215 IN TH.E M-1 (LIGHT INDUSTRIAL) ZONING DISTRICT. FILE NO: - PLN2017-98 ' 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 Planning Commission did firid as follows with respect to file numbers PLN2017-98: 1. The project site is located within an existing professional office center (Sunnyoaks Executive Offices) at the northwest, intersection of E. Sunnyoaks Avenue and. San Tomas Expressway. 2. The projecf site is zoned M-1 (Light Industrial) as shown on the Campbell Zoning .Map. v 3. The project site ,is designated Light Industrial ,as_ shown on the Campbell General Plan Map. 4: The project site is bordered by industrial uses to the. south, east, and west, ahd~San, Tomas Expressway to the -north. 5. The projecf site is located is developed with' a-two-story multi-tenant commercial building built in the early 1970's. - 6. The proposed .business is considered a "motor vehicle -sales (new and/or used)", - `~ subject to .approval of a Conditional Use Permit consistent with CMC 21.46. 7. The subject tenant space; Suite 215, is 170 square feet in gross floor area. 8. The hours of operation shall be restricted to 11:00 AM to 9:00 PM, daily. J 9. The proposed wholesale and vehicle sales business results, in a parking demand of three parking spaces; two of which shall be reserved for sales.display purposes. 10. The. center has a total of 56 spaces .(53 standard; 3 accessible) shared. by all tenants: 11. When calculating the parking demand of the entire center, there is a net surplus of .eight (8) parking spaces on the project site. As such, pursuant to the City's Parking and Loading Ordinance, adequate parking exists on site:. Planning Commission Resolution No.~4375 ~ Page 2 PLN2017-98 - 1.25 E. Sunnyoaks Avenue -Conditional Use Permit Based upon the .foregoing findings of fact,. _the Planning Commission further finds and concludes that: 1: The project will aid in the harmonious development of the immediate area. 2. The proposed project is consistent with the General Plan. _ 3. -The proposed use is allowed within the applicable Zoning District with Conditional Use Permit approval, and complies with all other applicable provisions of this Zoning Code and the Municipal Code... _ 4. The project is consistent with applicable adopted design guidelines. 5. The proposed use will not create a nuisance due to litter, noise, traffic, vandalism, or other factors. 6.. The proposed site is adequate in terms of size and shape to accommodate .the ~_ fences and walls; landscaping, parking and loading facilities:,:.yards, and other development- features required in order to integrate- the use `with uses; in the surrountling area. 7. The proposed site is adequately served by streets of sufficient capacity to carry the -- kind.. and quantity of-traffic the use would be expected to. generate. 8. .The design, location, size, and operating characteristics of the proposed use are _ compatible with the existing and future land uses on-site and _in the vicinity of. the. _ subject property. ~ - 9. The establishment, maintenance, or operation of the proposed use at the location _ _ proposed will not be detrimental to the ,comfort; health, morals., peace,.. safety,' or general welfare of persons residing or working in the neighborhood of the proposed use, or be detrimental or injurious to property and improvements in the, neighborhood or to the general welfare of the city. 10: -The proposed use will not significantly increase the demand on City services.. _ 11. The .project qualifies as a Categorically Exempt project under Section 15301 Class 1 of the California Environmental Quality Act (CEQA) pertaining to minor alterations to ari existing private structure, involving negligible or no expansion of use beyond.. that existing at the. time of the. lead agency's:determination. THEREFORE, BE IT RESOLVED that the Planning Commission. approves a..Conditional Use Permit' (PLN2017-98) to allow a motor vehicle sales (retail/wholesale) establishment on property Located at 125 E. Sunreyoaks Avenue, Ste. 215, subject _to the attached Conditions of Approval (attached Exhibit A). - _ -. . Planning Commission Resolution No. 4375. ~ ~ ~ Page 2 PLN2017-98 - 125 E. Sunnyoaks Avenue -Conditional Use Permit PASSED AND ADOPTED this 11th day of April, 2017, by the following rgll call vote: _ AYES: Commissioners: .Kendall, Rich, Rivlin, Hernandez, and Young . NOES: Commissioners: . ABSENT: Commissioners: Dodd and Reynolds ABSTAIN:- Commissioners:. - APPROVED: - Yvonne Kendall, Chair ATTEST: - - Paul Kermoyan, Secretary