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PC Res 2853RESOLUTION NO. 2853 BEING A RESOLUTION OF THE PLANNING COMMISSION APPROVING A MODIFICATION TO A PREVIOUSLY APPROVED USE PERMIT (UP 76-13) TO ALLOW THE CONSTRUCTION OF A PLAYGROUND AREA ON PROPERTY LOCATED AT 49 W. HAMILTON AVENUE IN A C-1-S (NEIGHBORHOOD COMMERCIAL) ZONING DISTRICT; APPLICATION OF RAUSCHENBACH, MARVELLI, BECKER ARCHITECTS, FILE NO. M 93-06 (UP 76-13) After notification and Public Hearing as specified by law on the application of Rauschenbach, Marvelli, Becker Architects, approving a modification to a previously approved Use Permit (UP 76-13) to allow the construction of a playground area on property located at 49 W. Hamilton Avenue in a C-1-S (Neighborhood Commercial) Zoning District, as per the application filed in the Planning Department on March 29, 1993; and, after presentation by the City Staff, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the Planning Commission did find as follows with regard to File No. M 93-06: The project combines architectural elements and design which integrates the proposed play structure with the existing building. 2. Parking is provided in excess of that required under the Parking Ordinance. o Substantial enhancement of the landscaping of the site contributes to the aesthetic quality of the development. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: The establishment, maintenance, or operation of the use applied for will not be detrimental to the public 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. The proposed site is adequate in size and shape to accommodate the yards, wall, fences, parking and loading facilities, landscaping and other development features required in order to integrate said use with uses in the surrounding area. Resolution No. 2853 Page 2 M 93-06 -- 49 W. Hamilton Ave. -- Rauschenbach Marvelli Becker Architects Adopted on May 25, 1993 o The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such use would generate. 4. The proposed use is compatible with the uses in the area. Approval is effective ten days after decision of approval of the Planning Commission, unless an appeal is filed. Further, the applicant is notified as part of this application that he is required to comply with the following Conditions of Approval: SITE AND BUILDING DESIGN Approved Project: This application is for a modification to the previous Use Permit (UP 76-13) allowing a 928 square foot playground addition and 18 outdoor seats within the play area, substantially conforming to the plans prepared by Rauschenbach, Marvelli, Becker Architects, Inc., consisting of five sheets, dated February 17, 1993. (Planning) Hours of Operation: The hours of operation will continue consistently with the existing hours of operation as indicated by the applicant as: Monday through Saturday: 7:00 a.m. - 12:00 midnight Sunday: 8:00 a.m. -12:00 midnight LANDSCAPING 3. Landscaping: Landscaping plan indicating type and size of plant material, with additional tree planting areas along the northern property line and revised tree varieties to be submitted to the Planning Department and approved by the Planning Director prior to issuance of a building permit. (Planning) BUILDING DIVISION 4. Maintain minimum of 44" wide path of travel to exit(s) from area. 3305. UBC 5. Provide exit illumination at new exit and playground exit. UBC 3313. FIRE DEPARTMENT 6. Enclosure exit doors block dining room doors and should be removed. 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 and the State of California that pertain to this development and are not Resolution No. 2853 Page 3 M 93-06 -- 49 W. Hamilton Ave. -- Rauschenbach Marvelli Becker Architects Adopted on May 25, 1993 herein specified. PASSED AND ADOPTED this 25th day of May, 1993, by the following roll call vote: AYES: NOES: ABSENT: Commissioners: Kennedy, Wilkinson, Alne Commissioners: None · Commissioners: None I. Alne, Chair'~on---- Steve l~l~asecki, Secreta y Fox, Perrine, Akridge, Lindstrom, Meyer-