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PC Res 3712 RESOLUTION NO. 3712 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL DENYING A CONDITIONAL USE PERMIT (PLN2005-139) TO ALLOW THE ESTABLISHMENT OF A HEALTH/FITNESS CENTER FOR A CHEERLEADING GYM IN AN EXISTING INDUSTRIAL BUILDING ON PROPERTY OWNED BY THE KOVAC FAMILY TRUST LOCATED AT 1077 DELL AVENUE IN AN M-1-S (LIGHT INDUSTRIAL) ZONING DISTRICT. APPLICATION OF MR. BILL ZELINA, ON BEHALF OF SOUTH BAY ELITE, INC. FILE NO: PLN2005-139. 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 PLN2005-139: 1. The proposed project consists of the establishment of a health/fitness center for a cheerleading gym and personal training facility in an existing industrial building. 2. The project site is developed with two, multi-tenant industrial buildings. The front building is currently occupied by South Bay Elite, Extreme Fitness and a window company and the rear building is occupied by an auto repair and detailing company and one vacant tenant space. The buildings on the property were originally constructed as warehouses with ancillary office uses. 3. The project site is located on the west side of Dell Avenue between East Hacienda Avenue and East Sunnyoaks Avenue. The site is surrounded by industrial uses to the north, south and east and the railroad tracks to the west. 4. The adjacent auto repair and detailing company, Car Care, utilizes chemicals and substances for the repair and painting of vehicles that are not compatible directly adjacent to a facility devoted to the instruction of children. 5. Uses that utilize hazardous materials are best suited in the industrial zone but is not well suited within close proximity to residential uses or uses involving sensitive receptors such as children or the elderly. 6. The proposed use requires 65 spaces which represents 67 percent of the existing parking spaces and would occupy 10,800 square feet which represents 28 percent of the total building area on the property. 7. The required number of spaces for the proposed use represents a disproportionate share of the parking spaces allocated to accommodate all the uses on the property. Planning Commission Resolution No. 3712 PLN2005-139 -- 1077 Dell Avenue -- Denial of Use Permit - South Bay Elite, Inc. Page 2 Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed site is not adequate in terms of size and shape to accommodate the parking and loading facilities required in order to integrate the use with uses on the subject property and in the surrounding area. 2. The proposed project would not aid in the harmonious development of the immediate area. 3. The design, location, size, and operating characteristics of the proposed use are not compatible with the existing and future land uses on-site and in the vicinity of the subject property. 4. The establishment, maintenance, or operation of the proposed use at the location proposed will be detrimental to the comfort, health, morals, peace, safety, or general welfare of persons residing or working in the neighborhood of the proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. PASSED AND ADOPTED this 28th day of March, 2006, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Alderete, Doorley, Ebner, Gibbons and Roseberry None Francois and Rocha None n ~ APPROVED:\~~ Bob Alderete, Chair ATTEST:~tz.'\.4n ~ Sharon Fierro, Secretary