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PC Res 3370RESOLUTION NO. 3370 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL DENYING A CONDITIONAL USE PERMIT (PLN2001-51) TO ALLOW THE ESTABLISHMENT OF A LIMOUSINE SERVICE WITHIN AN EXISTING COMMERCIAL BUILDING ON PROPERTY LOCATED AT 2089 S. BASCOM AVENUE IN A C-2-S (GENERAL COMMERCIAL) ZONING DISTRICT. APPLICATION OF MR. MOHAMMED TAYARANI- BEEGHAM. FILE NO. PLN2001-51. 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 PLN2001-51: It is not desirable to locate the proposed limousine service at this location due the limited on-site parking available to the remaining tenants that share this commercial building. It is not desirable to locate the proposed limousine use at this location in that the project site is a smaller commercial property that has limited accessibility and vehicular circulation due to the narrowness of the site and difficulty in accessing the garage parking. The site is inadequate in size to accommodate the required parking, loading, and storage activities of the proposed use: a. Customer access to the garage is constrained due to the narrowness of the parcel and the need for vehicles to turn 180 degrees to enter the garage. bo The propose tenant space represents 9 percent of the building's square footage but occupies exclusively 30 percent of the on-site parking thus create an excess parking demand for the commercial uses on the site. c. There is no on-street parking to compensate for a lack of off-street parking at this location. The current parking area is in a state of disrepair with numerous fractures in the concrete thus making circulation movements more difficult for patrons using the parking area. o The exclusive use of the garage area for storage purposes establishes a storage use that is creating an additional parking demand of 20 spaces beyond the use of the commercial spaces in the building. 4. The proposed use consists of the operation of a limousine business, including the storage of vehicles and related office use. Planning Commission Resolution No. 3370 PLN2001-51 - 2089 S. Bascom Avenue- Denial of Use Permit for Limousine Service Page 2 5. The project site has a net area of 32,200 square feet with a multi-tenant retail building of approximately 10,348 square feet that includes a 900 square foot office area and a garage area of approximately 7,682 square feet. 6. The approved site plan provides thirty-seven (37) parking spaces at grade and fifteen (15) parking spaces in the garage beneath the retail building. 7. The site is occupied by a florist, nail shop, hairdressers, pizzeria, billiard/amusement establishment and general office. 8. The proposed use would occupy 900 square feet as an office space and the entire garage. 9. The proposed use would employ three (3) full time employees and three (3) part-time employees seven days a week, and would involve the use of approximately eighteen (18) vehicles for hire. 10. The City has received numerous complaints about the lack of parking on-site. Based on the foregoing findings of fact, the Planning Commission further finds and concludes that: o 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 use would probably significantly disturb the peace and enjoyment of nearby residential neighborhoods. The proposed site is not adequate in size to accommodate the parking, loading facilities, storage needs and other development features required in order to integrate said use with uses in the surrounding area or other uses sharing the project site. The proposed site does not have adequate vehicular circulation to carry the kind and quantity of traffic such uses would generate The proposed use is not compatible with the uses in the area and within the commercial complex. The proposed use would likely create a nuisance due to problems involving noise, parking, traffic or other factors; Planning Commission Resolution No. 3370 PLN2001-51 - 2089 S. Bascom Avenue- Denial of Use Permit for Limousine Service Page 3 PASSED AND ADOPTED this 14th day of August, 2001, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Doorley, Francois, Gibbons, Hernandez, Jones, Lindstrom and Lowe None None None ATTEST: APPROVED: Mel L~, C~air Sharon Fierro, Secretary