PC Res 3413RESOLUTION NO. 3413
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL DENYING A CONDITIONAL USE
PERMIT (PLN2001-97) FOR AN ON-SITE LIVING FACILITY ON
PROPERTY OWNED BY MR. RICHARD PASEK AT 925 S.
McGLINCY LANE IN AN M-1-S (LIGHT INDUSTRIAL) ZONING
DISTRICT. APPLICATION OF MR. RICHARD PASEK. FILE NO.
PLN2001-97.
After notification and public hearing, as specified by law, and after presentation by the
Community Development Director, proponents and opponents, the heating was closed.
After due consideration of all evidence presented, the Planning Commission did find as follows
with respect to application PLN2000-97:
1. The proposal for a 960 square foot on-site living facility to provide on-site security and/or
24-hour service requires approval of a Conditional Use Permit.
2. On-site security for a 3,648 square foot warehouse/office building is typically provided
through the provision of an alarm system, not an on-site living facility.
3. The proposal for an on-site living facility has not been substantiated by the record of criminal
incidents and reports as maintained by the Campbell Police Department.
The proposal for an on-site living facility contributes to a shortage of parking on-site. Nine
spaces are proposed, where 12 are required, two of which are required by the proposed on-
site living facility.
o
The proposal for an on-site living facility has related appurtenances including an exterior
balcony, exterior stair and associated wing wall that contribute to an unattractive building
design.
o
°
The proposal for an on-site living facility creates an overall Floor Area Ratio of 51 percent,
whereby elimination of the on-site living facility would decrease the FAR to 41 percent,
whereby the General Plan policy for Industrial land uses is a maximum of 40 percent.
The proposal for an on-site living facility creates an opportunity for future land use conflicts
whereby future occupants of the on-site living facility would be subject to noise, dust, fumes
and vibrations from the surrounding industrial area.
8. The hours of operation of the proposed warehouse and office building do not necessitate
someone on the property during non-business hours, between 6:00 PM and 7:00 AM.
Based on the foregoing findings of fact, the Planning Commission further finds and concludes
that:
Planning Commission Resomdon No. 3413
PLN2001-97 - 925 S. McGlincy Lane
Denial of Conditional Use Permit for On-Site Living Facility
Page 2
The establishment, maintenance, or operation of the use applied for will 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 detrimental or injurious to property
and improvements in the neighborhood or to the general welfare of the City.
The proposed site is inadequate in size and shape to accommodate the yards, walls, fences,
parking and loading facilities, landscaping and other development features required in order
to integrate the on-site living facility with the proposed warehouse and office uses on-site and
uses in the surrounding area.
The proposed on-site living facility is neither essential nor desirable to the public
convenience or welfare, and is not in harmony with the various elements or objectives of the
City's General Plan.
4. The proposed use is incompatible with the uses in the area. The proposed use would
likely create a nuisance due to problems involving parking, traffic, noise or other factors. The
proposed on-site living facility would create a conflict with the surrounding industrial uses in
that the residential use is incompatible with the industrial nature of the area.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission DENIES a
Conditional Use Permit (PLN2001-97) for an on-site living facility on property owned by Mr.
Richard Pasek at 925 S. McGlincy Lane.
PASSED AND ADOPTED this 26th day of February, 2002, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Alderete, Doorley, Gibbons and Hernandez
Francois
Jones and Leonard
None
Sharon Fierro, Secretary