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PC Res 3410RESOLUTION NO. 3410 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A MODIFICATION (PLN2001-144) TO A PREVIOUSLY APPROVED SITE AND ARCHITECTURAL REVIEW PERMIT (S 98-17) TO ALLOW AN ADJUSTMENT IN PARKING AND A 535 SQUARE FOOT ADDITION TO A PREVIOUSLY APPROVED COMMERCIAL BUILDING ON PROPERTY LOCATED AT 368 E. CAMPBELL AVENUE IN THE C-3-S (CENTRAL BUSINESS DISTRICT) ZONING DISTRICT. APPLICATION OF MR. JEFF WYATT. FILE NO. PLN2001-144. 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 PLN2001-144: 1. The development of the proposed project will result in a use that is consistent with the General Plan land use of Central Commercial and the C-3-S zoning of this property. 2. The proposed project maintains the building coverage, number of parking spaces and landscaping percentage as previously approved. 3. The architectural design as conditioned is compatible with the building design and complements the architectural style of the building. 4. The proposed conversion of the 535 square foot patio/waiting area into kitchen area does not create a significant increase in parking demand for the proposed restaurant. 5. The provision of 14 parking spaces adequately addresses the parking demand and needs for the proposed 6,058 square foot building. 6. The project, as conditioned, will provide an ingress/egress easement through the parking lot at this time thus improving circulation and access in the general vicinity. The proposed modification to accommodate a restaurant use for kitchen area does not increase the seating for the proposed restaurant, thus not creating an additional parking demand. 8. A negative declaration was previously granted for this project and the proposed building modification does not significantly change the approved project. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: Planning Commission Resolution No. 3410 PLN2001-144 - 368 E. Campbell Avenue -- Modification to S 98-17 Parking Adjustment & 535 Square Foot Addition to Previously-Approved Commercial Building Page 2 o o o The proposed project is consistent with the General Plan and the local zoning ordinance. The proposed project as conditioned will aid in the harmonious development of the immediate area. The establishment, maintenance or operation of the use applied for will not be detrimental to the 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 adequately served by streets of sufficient capacity to carry the kind and quantity of traffic the proposed use would generate. The proposed site is adequate in size and shape to accommodate the proposed project and will integrate well with the existing uses in the surrounding area. The provision of an easement for ingress/egress to the alleyway east of the project site improves the circulation and access to neighboring commercial properties. There is a reasonable relationship and rough proportionality between the Conditions of Approval and the impacts of the project. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval of a Modification (PLN2001-144) to a previously-approved Site and Architectural Review Permit (S 98-17) to allow an adjustment in parking and a 535 square foot addition to a previously approved commercial building on property located at 368 E. Campbell Avenue, 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: 1. Development Approval Expiration: Approval is granted for a Modification (PLN2001-144) for a previously approved Site and Architectural Review Permit (S 98-17) to allow the development of a two-story, 6,058 square foot commercial building on property located at 368 E. Campbell Avenue. The Modification to the previous Site and Architectural Review Permit is valid for a period of one year from the Planning Commission approval and will expire on February 12, 2003, unless the applicant vests the approval prior to that date. Planning Commission Resolution No. 3410 PLN2001-144 - 368 E. Campbell Avenue -- Modification to S 98-17 Parking Adjustment & 535 Square Foot Addition to Previously-Approved Commercial Building Page 3 o Previous Conditions: All conditions of approval of the previously approved Site and Architectural Review Permit (S 98-01) as approved by Resolution No. 3206 shall remain in effect, except as modified by conditions herein. Easement: The applicant shall record a minimum twenty-foot wide ingress/egress easement through the parking area to facilitate public access to the alleyway east of the project site, prior to the issuance of building permits for the proposed modification. The form and content of the easement shall be reviewed and approved by the City Attorney and Community Development Director prior to recordation. Parking Adjustment: Approval of the proposed modification (PLN 2001-144) is not valid until City Council approval of a parking adjustment for this project. Revised Elevations: Prior to the issuance of building permits the applicant shall submit revised elevations for review and approval of the Community Development Director indicating arched insets on the modified southern wall. PASSED AND ADOPTED this 12th day of February, 2002, by the following roll call vote: AYES: Commissioners: Alderete, Doorley, Francois, Gibbons, Hernandez NOES: ABSENT: ABSTAIN: ATTEST: Commissioners: Commissioners: Commissioners: Leonard None Jones None Tom Francois, Chair Sharon Fierro, Secretary and