PC Res 3939RESOLUTION NO. 3939
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL DENYING A CONDITIONAL USE
PERMIT (PLN2009-08) TO ALLOW A COMMERCIAL SCHOOL
(TUTORING CENTER) IN AN EXISTING 1,026 SQUARE FOOT
TENANT SPACE ON PROPERTY OWNED BY MR. ANTHONY GO
LOCATED AT 2234 S. BASCOM AVENUE, IN A C-2-S (GENERAL
COMMERCIAL) ZONING DISTRICT. APPLICATION OF DR.
KOBAD BUGWADIA. FILE NO.: PLN2009-08.
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 PLN2009-08.
1. The proposed commercial school (tutoring center) is consistent with the General
Commercial General Plan land use designation.
2. The proposed commercial school (tutoring center) will be compatible with the C-2
(General Commercial) zoning designation with approval of a Conditional Use Permit.
3. The project site consists of a 1,026 square foot tutoring center in an existing multi-
tenant commercial building.
4. The project site is located on the east side of South Bascom Avenue between Shady
Dale Drive and Dry Creek Way. The property is surrounded by retail uses to the north
and south, office and retail uses to the west, and residential uses to the east.
5. The site is currently deficient in parking.
6. The proposed use would exacerbate the existing deficiency in parking.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. The proposed project is not consistent with the General Plan.
2. The proposed use is allowed within the applicable zoning district with Conditional Use
Permit approval, but does not comply with all other applicable provisions of this Zoning
Code and the Municipal Code.
3. The proposed site is not adequately served by streets of sufficient capacity to carry the
kind and quantity of traffic the use would be expected to generate.
Planning Commission Resolution No. 3939
PLN2009-08 - 2234 S. Bascom Avenue
Denial of a Use Permit for a Commercial School (Tutoring Center)
Page 2
4. 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.
5. 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.
6. No substantial evidence has been presented which shows that the project, as currently
presented and subject to the required conditions of approval, will not have a significant
adverse impact on the environment.
7. There is not a reasonable relationship and a rough proportionality between the
Conditions of Approval and the impacts of the project.
THEREFORE, BE IT RESOLVED that the Planning Commission denies a Conditional Use
Permit (PLN2009-08) to allow a commercial school (tutoring center) in an existing 1,026
square foot tenant space located within an existing retail center on property owned by Mr.
Anthony Go located at 2234 S. Bascom Avenue in a C-2-S (General Commercial) Zoning
District.
PASSED AND ADOPTED this 10th day of March, 2009, by the following roll call vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
Alster, Ebner, Gairaud, Gibbons and Rocha
None
Alderete and
None
APPROVED:
ATTEST: ~
Ciddy Wordel ,Acting Secretary