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PC Res 3125RESOLUTION NO. 3125 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A MODIFICATION (M 97-15) TO A PREVIOUSLY-APPROVED CONDITIONAL USE PERMIT (UP 94- 03) TO ALLOW THE EXPANSION OF AN EXISTING GROCERY STORE ON PROPERTY LOCATED AT 1690 S. BASCOM AVENUE, IN A C-2-S (GENERAL COMMERCIAL) ZONING DISTRICT. APPLICATION OF WHOLE FOODS.. FILE NO. M 97-15 (UP 94-03). 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 97-15 (LIP 94-03) The grocery store was established prior to the requirement for a use permit and is considered a non-conforming use. The approval of the Modification to Use Permit 94-03 makes the grocery store a conforming use. 2. The grocery store use is similar to other retail users in the shopping center. The proposed use will operate consistent with the previously approved use permit for the property allowing off-sale beer and wine sales, outdoor seating, and operational hours to 10:00 p.m. 4. The proposal is consistent with the General Plan and Zoning designations which indicate a commercial land use for this property. 5. The existing parking and circulation will adequately serve the proposed and existing uses on site. Based on the foregoing findings of fact, the Planning Commission further finds and concludes that: The proposed project will aid in the enhancement and the harmonious development of the immediate area. The establishment, maintenance, or operation of the use will not 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. 2. The proposed site is adequate in size and shape to accommodate the proposed use and site improvements. Planning Commission Resolution No. 3125 M 97-15 (UP 94-03) - 1690 S. Bascom Avenue - Whole Foods Page 2 The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions is in accordance with the ordinance of the City of Campbell and the State of California. 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 1. Modification to Use Permit. The Planning Commission approval includes the existing grocery store use, with a 9,000 square foot interior expansion of the tenant space, a 1,300 square foot addition at the rear of the building, and minor exterior alterations as identified on the approved project plans prepared by Sutti Associates and dated 9/2/97. Other uses permitted under LIP 94-03 allowing on-sale beer and wine sales, 20 outdoor seats, and operational hours to 10:00 p.m. are permitted to continue. 2. Building Permits. The applicant shall obtain all necessary Building permits prior to construction of any improvements. o Noise Compliance. The applicant shall provide a noise report or sufficient information to the Community Development Department, verifying the decibel level of the compressor unit that will serve the refrigeration system for the proposed use. The decibel levels shall not exceed, acceptable noise levels for evening hours identified at the Noise Element of the General Plan at the eastern property line adjacent to residential uses. PASSED AND ADOPTED this 28th day of October, 1997, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: ATTEST~: '-"Steve'Piaseck~, Secretary Gibbons, Jones, Keams, Lowe, Meyer-Kennedy None Lindstrom None Sa'kan A. Keams, Ch~iir