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A-98-9; PD-98-3 Appeal - 2 - May 13, 1999 The City Council has the following options on this matter: 1. Uphold the action of the Planning Commission and deny the rezoning, planned development and vesting tentative maps. 2. Reverse the action of the Planning Commission and direct staff to prepare the ordinance and resolutions to approve the rezoning, planned development and vesting tentative maps, including certification of the negative declaration. 3. Provide policy direction or conceptual approval of the proposed rezoning and the applicant's revised development plan of the applicant and refer the proposal back to the Planning Commission for its consideration at a public hearing. After consideration by the Commission, the matter will come back to the City Council for its consideration at a public hearing. Staff recommends that the City Council follow Option #3, which is supported by the applicant. BACKGROUND This 6-acre site has frontage on Fremont Avenue and Chapman Road and is to the rear of the shopping center fronting on Floresta Boulevard between Washington Avenue and Fremont Avenue. Adjacent to the project site is the City Service Center. On the west side of Fremont Avenue are single-family homes that back up to the street and front on Del Monte Way. The northerly parcel extending along Fremont Avenue is vacant and is under the ownership of the applicant. The southerly parcel was, until recently, used for the manufacture and sale of wood and fiberglass tanks. The applicant has an option to purchase this parcel if the project is approved. When the present Zoning Code was adopted in December of 1995, both of the subject parcels were placed in the CC Community Commercial District. Prior to that, the property was in the heavy industrial district. The zoning was changed to CC because of the nearby residential uses and the negative impact that industrial use could have on the residents. Some of the typical uses permitted under the CC zoning are retail commercial, banks and savings and loan, eating and drinking establishments and offices. The vehicle and equipment repair building at the Service Center extends along a portion of the rear of the applicant's property that fronts on Fremont Avenue. The separation between the Service Center building and the rear property line of the applicant's site is approximately 42 feet. The applicant will be extending that building a total of 140 feet in a northerly direction. He will also be installing roll -up doors on the rear wall facing his development to reduce noise from the work performed in the building. The location of the City refuse trucks at the Service Center is approximately 290 feet to the closest point of the rear property line of the Fremont Avenue site.