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CC Resolution 9753 RESOLUTION NO. 9753 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL OVERTURNING THE PLANNING COMMISSION DENIAL OF A MODIFICATION (PLN2000-66) TO A PREVIOUSLY- APPROVED SITE AND ARCHITECTURAL APPROVAL (S 98-24) TO ALTER A CONDITION OF APPROVAL LIMITING THE NUMBER OF DOCTORS/DENTISTS USING THE SITE TO TWO ON PROPERTY LOCATED AT 14419 S. BASCOM AVENUE IN A PO (PROFESSIONAL OFFICE) ZONING DISTRICT. APPLICATION OF MR. MATTHEW FRANCOIS, ON BEHALF OF DR. DENNIS WONG. FILE NO. PLN2000- 66. 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 PLN2000-66: 1. An amended Initial Study was prepared for this project that concludes there are no significant environmental impacts and a Negative Declaration has been prepared. 2. The approved site plan provides 12 on-site parking spaces which is consistent with the parking ratio and schedule provided for two doctors/dentists under the Parking Schedule provided in the Campbell Municipal Code. 3. The conditions of approval for this project limit its use to assure the occupancy does not exceed provided parking. 4. The project will not create a nuisance due to insufficient parking. 5. The project will not have a detrimental affect on the adjacent property by the placement of a parking burden on adjacent office uses. 6. Public testimony indicates that the current use of the site is not generating off site parking in excess of the parking available on site. Based on the foregoing findings of fact, the City Council further finds and concludes that the evidence does not establish that: 1. The proposed project does aid in the enhancement and the harmonious development of the immediate area. The establishment, maintenance, or operation of the uses 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. .. City Council Commission Resolution PLN2000-66 - 14419 S. Bascom Avenue - Overturning Planning Commission Denial Page 2 2. The proposed site layout does provide parking at a ratio of 6 spaces per doctor/dentist. PASSED AND ADOPTED this 3rd day of October , 2000, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: Dougherty, Furtado, Watson, Dean, Kennedy COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMEMBERS: None ATTEST: a. -4t~A ~ Anne Bybee, City Clerk