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CC Resolution 9771 ........ , RESOLUTION NO. 9771 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION DENIAL OF A CONDITIONAL USE PERMIT (PLN2000-114) TO ALLOW FOR THE EXPANSION OF AN EXISTING AUTO REPAIR ESTABLISHMENT TO ALLOW FOR THE TEMPORARY STORAGE OF VEHICLES ON PROPERTIES LOCATED AT 24 & 34 DILLON AVENUE AND 566 E. CAMPBELL AVENUE IN A PD (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. PAUL DEL GRANDE. FILE NO. PLN2000-114 (UP). 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 City Council did find as follows with respect to application PLN2000-114 (UP): 1. The proposed project is located in a Commercial General Plan Land Use Designation and a Planned Development (PD) Zoning District and the machine shop and automobile repair shop are legal-non-conforming uses. 2. The property is located in the Redevelopment Project Area and the establishment of a vehicle storage yard is not consistent with the Goals of the Redevelopment Agency to improve the area and remove blight. 3. The Property is located in the Downtown Development Plan and the establishment of a vehicle storage yard is not consistent with the Plan's goal to "enhance the perception of the downtown beyond the loop streets through and use patterns, traffic circulation and urban design." 4. The site has been maintained in a condition of blight for more than I 0 years and the City has received complaints from adjacent property owners who state that the condition of this property has a detrimental impact on their property value. Based upon the foregoing findings of fact, the City Council further finds and concludes that: 1. The proposed project is not consistent and compatible with the General Plan and the City's Zoning Ordinance. 2. The proposed project is not consistent with the goals and policies of the Campbell Redevelopment Plan and the Downtown Development Plan. 3. The proposed project, if conditioned, will not be compatible and harmonious with adjacent commercial office and retail uses in the surrounding area. 4. The proposed project will not result in a more desirable environment and use of land. .. -, City Council Resolution Denying Appeal & Upholding Planning Commission Denial of a Use Permit PLN2000-114 - 24 & 34 Dillon A venue/566 E. Campbell Avenue - Paul Del Grande Page 2 5. The establishment, maintenance or operation of the use applied for will 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. PASSED AND ADOPTED this 21st day of November , 2000, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Dougherty, Furtado, Watson, Dean, Kennedy None None None ATTEST: t2~ -~ Anne Bybee, City Clerk