PC Res 3001RESOLUTION NO. 3001
BEING A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF CAMPBELL, DENYING A
CONDITIONAL USE PERMIT TO ALLOW OFF SALE BEER
AND WINE SALES FOR AN EXISTING SERVICE
STATION LOCATED AT 1533 W. CAMPBELL AVENUE IN
A C-1-S (NEIGHBORHOOD COMMERCIAL ZONING
DISTRICT. APPLICATION OF BP SERVICE STATION.
FILE NO. UP 95-15.
After notification and Public Hearing as specified by law to approve a
Conditional Use Permit, 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 File No. UP 95-15:
The proposed off-sale beer and wine sales during standard business
hours of 6:00 a.m. to 11:00 p.m. is not compatible with the existing
use on the site and in the uses in the vicinity of the subject site.
e
The proposed off-sale beer and wine sales does not represent a
minor portion of gasoline and service station use on the subject
property.
Improvements to the site such as new street trees and upgraded
landscape areas required in the conditions of approval will not
enhance the site and better integrate the site with the newer
developments in the vicinity of the subject property.
Based upon the foregoing findings of fact, the Planning Commission
further finds and concludes that:
The establishment, maintenance or operation of the use applied for
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, or be detrimental or injurious
to property and improvements in the neighborhood or to the
general welfare of the City.
The proposed site is not adequate in size and shape to accommodate
the yards, walls, fences, parking and loading facilities, landscaping
and other development features required in order to integrate said
use with use in the surrounding area.
Planning Commission Resolution No. 3001
UP 95-15 -- 1533 W. Campbell Avenue -- BP Service Station
Page 2
3. The proposed use is not compatible with the uses in the area.
The proposed use is not essential to the pubic convenience and
necessity of the community.
The proposed use will result in an over concentration of such uses
in the area;
6. The proposed use will create a nuisance due to noise, litter,
vandalism, traffic or other factors,
o
The proposed use will significantly disturb the peace and
enjoyment of nearby the residential neighborhood;
The proposed use will significantly increase the demand on city
services.
PASSED AND ADOPTED this 10th day of October, 1995, by the following
roll call vote:
AYES:
Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
Alne, Jones, Kearns, Lindstrom, Lowe,
Meyer-Kennedy
None
Higgins
None
ATTEST:
APPROVED:
Steve Piasecki, Secretary~h~-
0/~ne Meyer-I~nnedy, Chair