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PC Res 3707 RESOLUTION NO. 3707 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL DENYING AN APPEAL AND UPHOLDING THE ADMINISTRATIVE PLANNED DEVELOPMENT PERMIT DENIAL (PLN2005-177) OF A REQUEST TO ALLOW THE ESTABLISHMENT OF A LAUNDROMAT WITHIN AN EXISTING COMMERCIAL BUILDING ON PROPERTY OWNED BY MR. L1NO MARTIER LOCATED AT 76 E. CAMPBELL AVENUE IN A P-D (PLANNED DEVELOPMENT/CENTRAL COMMERCIAL) ZONING DISTRICT. 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 PLN2005-177: 1. The proposed Laundromat use is not consistent with the General Plan for the Downtown Area and the goals of the Downtown Redevelopment Plan. 2. The Downtown Development Plan Policies identify the goal to develop a mix of economically viable commercial uses downtown creating a balance of daytime and evening activities. Land use regulations shall encourage retail and restaurant uses. 3. The Central Commercial designation is intended to provide shopping, services and entertainment. A Laundromat use is not considered a desirable service in the Downtown Area. 4. The Downtown Development Plan and the Redevelopment Agency's Implementation Plan cites the goal of maximizing the ground floor commercial space along E. Campbell Avenue for retail and restaurant uses. 5. The propose use is incompatible with the adjacent residential use to the south and the desired retail, restaurant and services uses in the downtown area as a whole (21.12.030.FA.c(3) Campbell Municipal Code (C.M.C.), and 6. Laundromat uses are specifically listed as a permitted use in the Neighborhood Commercial and General Commercial Zoning Districts in the community. 7. The project qualifies as a Categorically Exempt project per Section 15301, Class 1 (Minor Alteration to Existing Facilities) of the California Environmental Quality Act (CEQA). Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: Planning Commission Resolution No. 3707 PLN2005-177 -- 76 E. Campbell Avenue Denying an Appeal and Upholding the Administrative PO Permit Denial Page 2 1. The proposed development will not result in a more desirable environment and use of the land than would be possible under any other zoning classification. 2. The development will not be compatible with the General Plan of the City and will not aid in the harmonious development of the immediate area. 3. The proposed development will be detrimental to the safety or welfare of the neighborhood or the City as a whole. 4. 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. THEREFORE, BE IT RESOLVED that the Planning Commission denies an appeal and upholds the Administrative Planned Development Permit denial (PLN2005-177) of a request to allow the establishment of a Laundromat within an existing commercial building on property owned by Mr. Lino Martier located at 76 E. Campbell Avenue in a P-D (Planned Development/Central Commercial) Zoning District. PASSED AND ADOPTED this 14th day of February, 2006, by the following roll call vote: AYES: Commissioners: Alderete, Doorley, Ebner, Francois, Gibbons, Rocha and Roseberry None None None NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: ATTEST: ~L '7i -'Sharon Fierro, Secretary ~~/c APPROVED: ~ Bob Alderete, Chair -,