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PC Res 2910RESOLUTION NO. 2910 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A MODIFICATION TO A PREVIOUSLY-APPROVED USE PERMIT (UP 84-19) TO ALLOW A THREE-YEAR EXTENSION, FOR A BUSINESS LOCATED AT 246 RAILWAY AVENUE IN A PD (PLANNED DEVELOPMENT) ZONING DISTRICT. FILE NO. M 94-02. After notification and Hearing on the application of Mr. Joe Salvador, on behalf of Railway Distributing, for a Modification to a previously-approved Use Permit, allowing a three-year extension, on property located at 246 Railway Avenue in a PD (Planned Development) Zoning District, as per the application filed in the Planning Deparm~ent on February 9, 1994; and, after presentation by City Staff, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to File No. M 94-02: The applicant has installed street improvement and landscaping and is operating the use in compliance with City Codes. o No immediate development activity is approved for this section of Railway Avenue. Should redevelopment activity be undertaken in the area, the applicant has signed an agreement to vacate the property upon six months notice from the City. Based upon the foregoing findings of fact, the Planning Commission concludes that: The proposed development and uses clearly result in a more desirable environment and use of land than would be possible under any other zoning classification. 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. o The proposed development would not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. Further, the applicant is notified as part of this application that he is required to comply with all applicable Codes and Ordinances of the City of Campbell Resolution No. 2910 M 94-02 -- 246 Railway Avenue Adopted on April 12, 1994 Page 2 and the State of California that pertain to this development and are not herein specified. Approved Project: This approval is for the extension of an existing Use Permit allowing a 8,075 square foot parking lot and storage yard at 238 & 246 Railway Avenue identified as Assessor's Parcel Number 403-08-032 & 403-08-033. Development shall be substantially as shown on the drawings listed below, except as modified by conditions contained herein. A. Project drawings for Railway Distributing prepared by Do Amaral Associates consisting of one sheet dated January 7, 1986. o Previous Conditions: All previous Conditions of Approval shall remain in effect except that Condition #22 shall be modified to read: go Use Permit shall expire on June 3, 1997. Property shall be vacated at such time, unless approval to continue is granted by the City Council. ge Agreement to Vacate: By June 3, 1994, the applicant is required to have signed an agreement acceptable to the City Attorney, indicating that the applicant will vacate the site on six months notice by the City should redevelopment activity be undertaken in the area. PASSED AND ADOPTED this 12th day of April, 1994, by the following roll call vote: AYES: NOES: ABSENT: Commissioners: Commissioners: Commissioners: Steve Piasecki, Secretary Alne, Kearns, Lindstrom, Lowe, Perrine None Meyer-Kennedy Jay Per~i'ne, Chairperson