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PC Res 3225RESOLUTION NO. 3225 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A MODIFICATION (M 99-02) TO A PREVIOUSLY-APPROVED CONDITIONAL USE PERMIT (UP 84-11) TO ALLOW RETAIL AUTO SALES AND REPAIR OF VEHICLES IN AN EXISTING BUILDING ON PROPERTY LOCATED AT 2875 S. WINCHESTER BOULEVARD IN A C-2-S (GENERAL COMMERCIAL) ZONING DISTRICT. APPLICATION OF MR. JOHN LANCASTER, ON BEHALF OF EXCLUSIVE BRITISH EUROPEAN. FILE NO. M 99-02 (UP 84-11). 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 M 99-02 (UP 84-11): The proposed project is located in a commercial General Plan land use area and a General Commercial (C-2-S) zoning district for which approval was granted as an auto and retail development. 2. The proposed project will not significantly intensify the use of the site as an auto repair facility. 4. No changes will be made to the building or the site to reduce its retail appearance from Winchester Boulevard. 5. The conditions of the use permit will result in an improvement to the appearance of the site. The proposed project will be required to comply with all requirements established by the Building Division and the Central Fire District to ensure safe construction and maintenance of the facility. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed project is consistent and compatible with the General Plan and the City's zoning ordinance. 2. The proposed project, as conditioned, will not change the existing use or traffic to the site and will, therefore, be compatible and harmonious with uses in the surrounding area. 3. The proposed project, as conditioned, will result in a more desirable environment and use of land. Planning Commission Resolution No. 3225 M 99-02 (UP 84-11) - 2875 S. Winchester Boulevard - Exclusive British European Page 2 The establishment, maintenance or operation of the use applied for will not 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. The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions in accordance with the ordinance of the City of Campbell and the State of California. The lead department with which the applicant will work is identified on each condition where necessary. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified: Approved Project: Approval is granted for a Modification to a Conditional Use Permit for the site located at 2775 and 2875 S. Winchester Blvd. Project approval shall substantially comply with the layout presented by the applicant with the application, except as modified by the Conditions of Approval herein. Approval Expiration: This approval (M 99-02) or this project is valid for a period of one year from the Planning Commission approval. All conditions of approval specified herein must be completed within one year from the date of approval or the Modification shall be void. o Permits: Applicant shall obtain any permits deemed necessary by the Building Official or the Uniform Building Code: A. Provide a one (1) hour separation between the "B" and S-3" occupancies. B. The north wall requires a one (1) hour construction, with no openings. C. Provide mechanical ventilation per UBC 1202.2.1 4. Outside storage: No outside storage is permitted. This includes the storage of vehicles. 5. Outside display: No outside display of "for sale" vehicles is permitted, nor any signs other than those allowed by code, after a permit is obtained. ° Landscaping: The applicant shall submit a revised landscape plan to be reviewed and approved by the Community Development Director incorporating the following modifications: A. Plant one street tree in the vacant tree well, with installation and irrigation per City standards (Chinese pistache, male only, 24" box, installation per City Standards.) Plant two (2) 24" box trees with automatic irrigation system in the planter areas on either side of the driveway, near the rear of the property. Install decomposed granite within all planter areas on the side of the buildings and in the parking area toward the rear of the lot. C° Planning Commission Resolution No. 3225 M 99-02 (UP 84-11) - 2875 S. Winchester Boulevard - Exclusive British European Page 3 Landscape Installation Timing: Landscaping improvements shall be completed within 90 days of the date of approval (by July 26, 1999), or the permit shall become void. This shall include the submittal of plans, and the planting of trees, installation or repair of the irrigation, and the laying and tamping of the decomposed granite. o Encroachment Permit: The applicant shall obtain an encroachment permit, pay fees, and provide insurance as determined by the City Engineer to replace the southerly street tree on the property frontage as determined by the City Engineer. o Trash Enclosure: All trash shall be kept either entirely inside a sight-obscuring trash enclosure, or within the buildings. The design and location of any additions to, or new trash enclosures shall be submitted to and approved by the Community Development Director per Section 6.4.080 of the Municipal Code. 10. Water Run-off: Any washing which could involve pollutants, shall be in conformance with Chapter 14.02, including Sections 14.02.020(b) and 14.02.040, of the Municipal Code. PASSED AND ADOPTED this 27th day of April, 1999, by the following roll call vote: AYES: Commissioners: Francois, Gibbons, Hernandez, Jones, Kearns, Lindstrom, Cowe NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: None APPROVED: Bra~' Jones, Chai~J ~ ATTEST: