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PC Res 4226RESOLUTION NO. 4226 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL REVOKING (PLN2015-206) A PREVIOUSLY APPROVED MODIFIED CONDITIONAL USE PERMIT WITH SITE AND ARCHITECTURAL REVIEW (PLN2013-205) AND A PARKING MODIFICATION PERMIT (PLN2013-266), FOR PROPERTY LOCATED AT 70 S. SAN TOMAS AQUINO ROAD. FILE NO.: PLN2015-206 After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. The Planning Commission finds as follows with regard to file number PLN2015-206: 1. The project site is located on S. San Tomas Aquino Road, south of Campbell Avenue. 2. The project site is zoned C-1 (Neighborhood Commercial) as shown on the Campbell Zoning Map. 3. The project site is designated Neighborhood Commercial as shown on the Campbell General Plan Map. 4. The project site is bordered by a public assembly use to the north and east, residential uses to the south, and a new residential development across the street to the west. 5. The project site is developed with a commercial daycare center, Alka Montessori, within a 1,562 square-foot building, approved by Planning Commission Resolution No. 4049 (PLN2011-316) on March 13, 2012. 6. An expansion of the daycare was approved by Planning Commission Resolution No. 4116 on October 8, 2013, approving a Modified Conditional Use Permit with Site and Architectural Review (PLN2013-205) and a Parking Modification Permit (PLN2013- 266). 7. The expanded project would have allowed expansion of the commercial daycare center through construction of a 2,633 square-foot daycare building, allowing an increase in capacity from 31 children to 88 children. 8. The expanded project would have generated a parking demand of 29 parking spaces, which the applicant proposed to satisfy through a reciprocal parking arrangement with the adjoining World Mission Baptist Church property that would have allowed use of 19 church parking spaces. 9. World Mission Baptist Church and Alka Montessori are engaged in a legal dispute over the validly of the shared parking agreement. A private settlement between the parties requires that Alka Montessori agree to annul the shared parking agreement and surrender the City's approval of the Parking Modification Permit. 10. Since the reciprocal parking arrangement was the basis for approval of the Parking Modification Permit-and the Modified Conditional Use Permit extension-revocation of Planning Commission Resolution No. 4116, as requested by the applicant, is warranted. Planning Commission Resolution No. 4226 70 S. San Tomas Aquino Rd. -Revocation (PLN2015-206) Paae 2 of 2 Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The circumstances under which the permit was granted have been changed by the applicant to a degree that one or more of the findings contained in the original permit can no longer be made in a positive manner, and the public convenience, health, interest, safety, or welfare require the revocation; 2. The revocation is Statutorily Exempt under Section 15270(a) of the California Environment Quality Act (CEQA), pertaining to projects which a public agency rejects or disapproves. THEREFORE, BE IT RESOLVED that the Planning Commission revokes (PLN2015-206) a previously approved Modified Conditional Use Permit with Site and Architectural Review (PLN2013-205) and a Parking Modification Permit (PLN2013-266), for property located at the 70 S. San Tomas Aquino, subject to the attached Conditions of Approval (attached Exhibit "A"). PASSED AND ADOPTED this 11th day of August, 2015, by the following roll call vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners Reynolds, Kendall, Bonhagen, Dodd, and Rich None Finch and Young None APPROVED: is Dodd, Acting Chair ATTEST: - Paul Kerm yan, Secretary EXHIBIT A CONDITIONS OF APPROVAL Revocation (PLN2015-206) Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations and accepted engineering practices for the item under review. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified. 1. Revoked Project: The Modification of a Conditional Use Permit with Site and Architectural Review (PLN2013-205) and a Parking Modification Permit (PLN2013-266), for expansion of an existing commercial daycare center on property located at 70 S. San Tomas Aquino Road, approved by Planning Commission Resolution No. 4116, is hereby revoked. Operation of the daycare center shall revert to the original Conditional Use Permit (PLN2011-316) as approved by Planning Commission Resolution No. 4049. 2. Performance Requirement: By October 12, 2015, the applicant shall submit a new application for expansion of the daycare facility. If an application is not received by this date, the applicant shall take all necessary steps to restore the site improvements consistent with the original project plans approved by Planning Commission Resolution No. 4049.