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PC Res 3484RESOLUTION NO. 3484 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2003-12) TO ALLOW A THRIFT STORE IN AN EXISTING RETAIL BUILDING ON PROPERTY OWNED BY DE LA ROCHE/MARTIN PROPERTIES LOCATED AT 2127B S. WINCHESTER BOULEVARD IN A PD (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF SOUTH BAY TEEN CHALLENGE. FILE NO. PLN2003-12. 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 find as follows with respect to application PLN2003-12: 1. The proposed project consists of the establishment of a 5,060 square foot thrift store in an existing 10,212 square foot retail building. 2. The development of the proposed project will result in a use that is consistent with the General Plan land use designation of Central Commercial for this area. 3. The proposed project is consistent with other developments in the surrounding area and is consistent with the development standards for retail uses. 4. The existing parking will adequately meet the demands generated by the change in use, and will not be detrimental to the overall parking and circulation in the area. 5. The proposed use does not emit dust, fumes, glare, heat, liquids, noise, odor, smoke, steam, vibration or other such items which create nuisances for the surrounding uses.. The project qualifies as Categorically Exempt under Section 15303, Class 1 of the California Environmental Quality Act (CEQA) pertaining to interior and exterior alterations to existing structures. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed project is consistent with the General Plan and Zoning Ordinance. 2. The proposed project, as conditioned, will aid in the harmonious development of the immediate area. o No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required Conditions of Approval, will have a significant adverse impact on the environment. Planning Commission Resolution No. 3484 PLN2003-12 - 2127B S. Winchester Boulevard - Conditional Use Permit - Thrift Store Page 2 4. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. o The subject site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping, and other development features required in order to integrate said use with uses in the surrounding area. 6. The subject site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such use would generate. 7. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. 8. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission grants a Conditional Use Permit (PLN2003-12) to allow a thrift store in an existing retail building on property owned by De La Roch/Martin Properties located at 2127B S. Winchester Boulevard, subject to the following conditions: 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. COMMUNITY DEVELOPMENT DEPARTMENT Plannine Division: Approved Project: Approval is granted for a Conditional Use Permit (PLN 2003-12) allowing the establishment of a thrift store in approximately 5,060 square feet of an existing 10,212 square foot retail building located at 2127B South Winchester Boulevard. The site design shall substantially comply with project plans received by the Community Development Department dated February 11, 2003 and prepared by Philip Elgin, except as may be modified by the Conditions of Approval herein. ° Conditional Use Permit Approval Expiration: The Conditional Use Permit approval shall be valid for one year from the date of final approval. Within this one-year period a building permit must be obtained and construction completed one year thereafter or the use must be Planning Commission Resolution No. 3484 PLN2003-12 - 2127B S. Winchester Boulevard- Conditional Use Permit -Thrift Store Page 3 o ° ° ° ° o ° established on the property (if no building permit is required). Failure to meet these deadlines will result in the Conditional Use Permit being void. Operational Hours: The operational hours shall be limited to Monday - Friday 9 a.m. to 7 p.m., Wednesday 9 a.m. to 5 p.m. and Saturday 9 a.m. to 6 p.m. Parking, Driveways and Maintenance: All parking and driveway areas shall be maintained in compliance with the approved plans and Chapter 21.50 (Parking and Loading) of the Campbell Municipal Code. All parking areas shall be regularly swept and cleaned to remove litter and debris from the parking areas and driveways. The applicant shall provide one disabled parking space. The disabled parking space shall be developed in conformance with the requirements of the California Building Code. Signage Program: No signage is approved as part of the development applications approved herein. The applicant shall submit a sign application for all signs for the site. No sign shall be installed until such application is approved and a permit issued by the Community Development Director as specified in the Sign Ordinance. Trash and Recycling Enclosure: The applicant shall submit details regarding the design and location of a trash and recycling enclosure(s) to the Planning Division for review and approval by the Community Development Director prior to the issuance of building permits for the project. Unless otherwise noted, enclosures shall consist of a concrete floor surrounded by a six-foot high solid wall and have solid metal doors. The enclosure shall be constructed at grade level and have a level area adjacent to the trash enclosure area to service the containers. Donations: The donation hours shall be limited to the operational hours of the store. No vehicular donations shall be accepted or stored on the property. The applicant shall install a sign not to exceed six square feet, indicating the donation hours and prohibiting the dumping or delivery of donations after said hours. Outdoor Storage: Except as otherwise provided herein, no overnight storage of any vehicles, materials or equipment is permitted on the property outside the building except for the storage of one box truck (not to exceed the current size of 32 feet) and two standard vehicles, which must be in an area approved by the Community Development Director as not highly visible from the public street. At the expiration date 10 years from the date of this approval, no overnight storage of vehicles will be allowed unless otherwise approved by the Planning Commission. Revocation of Permit: Operation of the use in violation of the Conditional Use Permit or any standards, codes, or ordinances of the City of Campbell shall be grounds for consideration of revocation of the Conditional Use Permit by the Planning Commission. Planning Commission Resolution No. 3484 PLN2003-12 - 2127B S. Winchester Boulevard - Conditional Use Permit - Thrift Store Page 4 Building Division: 10. Permits Required: A building permit application shall be required for the proposed structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 11. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 12. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. by 36 in. 13. Plan Preparation: This project requires plans prepared under the direction and oversight of a California licensed Engineer or Architect. Plans submitted for building permits shall be "wet stamped" and signed by the qualifying professional person. 14. Site Plan: Application for building permit shall include a competent site plan that identifies property and proposed structures with dimensions and elevations as appropriate. Site plan shall also include site drainage details. Site address and parcel numbers shall also be clearly called out. Site parking and path of travel to public sidewalks shall be detailed. PASSED AND ADOPTED this 25th day of March, 2003, by the following roll call vote: AYES: Commissioners: NOES: Commissioners: Alderete ABSENT: Commissioners: None ABSTAIN: Commissioners: None ATTEST: Doorley, Francois, Gibbons, Hernandez, Jones and Rocha APPROVED: Sharon Fierro, Secretary