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UP - Cambrian Go Kart - 2011CITY of CAMPBELL Community Development Department August 10, 2011 Don Durbin 2059 Woodard Road San Jose, CA 95124 Re: PLN2011-159 - 599 E. McGlincy Lane, Suite A -Use Permit Dear Applicant: Please be advised that at its meeting of August 9, 2011, the Planning Commission adopted Resolution No. 4029 approving a Conditional Use Permit (PLN2011-159) to allow the establishment of a go-kart scooter vehicle service and repair facility (Cambrian Go Karts) in an existing commercial building on the above referenced property. This action is effective in ten calendar days, unless appealed in writing to the City Clerk by 5 p.m. on Friday, August 19, 2011. The time within which judicial review of this action must be sought is governed by Section 1094.6 of the California Code of Civil Procedure, unless another statute (such as California Government Code Section 65009 or some other applicable provision) sets forth a more specific time period. If you have any questions, da not hesitate to contact me at (408) 866-2140. Sincere) , Daniel Fama Assistant Planner cc Burton Construction (Property Owner) P.O. Box 279 Pleasanton, CA 94566 RESOLUTION NO. 4029 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2011-159) TO ALLOW THE ESTABLISHMENT OF A GO- KART/SCOOTER VEHICLE SERVICE AND REPAIR FACILITY (CAMBRIAN GO KARTS) IN AN EXISTING COMMERCIAL BUILDING ON PROPERTY OWNED BY BURTON CONSTRUCTION LOCATED AT 599 E. McGLINCY LANE, SUITE A in AN M-1 (LIGHT INDUSTRIAL) ZONING DISTRICT. FILE NO.: PLN2011-159. 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 PLN2011-159: 1. The project site is designated Light Industrial on the General Plan Land Use Element Map. 2. The project site is designated M-1 (Light Industrial) on the Zoning Map. 3. The project site is a 21,700 square-foot parcel developed with an 8,260 square-foot commercial building, divided into two tenant spaces, and served by 24 parking spaces. 4. The project site is bordered by industrial uses, percolation ponds, and anon-conforming single-family residence. 5. The proposed use is a go-kart/scooter vehicle service and repair facility would occupy one tenant space of 4,130 square-feet of gross floor area. 6. The proposed use would provide service and repair services to go-karts, scooters, and similar recreational vehicles. 7. Pursuant to Campbell Municipal Code Sec. 21.020.20, the Community Development Director has determined that the proposed use may be allowed as a conditional use in the M-1 (Light Industrial) Zoning District, finding (1) the characteristics of, and activities associated with the proposed use are equivalent to those of one or more of the uses listed in the zoning district as allowable, and will not involve a greater level of activity, dust, intensity, noise, parking, population density, or traffic generation than the uses listed in the zoning district; (2) the proposed use will meet the purpose/intent of the zoning district that is applied to the site; and (3) the proposed use will be consistent with the goals, objectives, and policies of the General Plan and any applicable specific plan. 8. The proposed use would be allowable in the M-1 (Light Industrial) Zoning District subject to approval of a Conditional Use Permit. Planning Commission Res~,uiion No. 4029 PLN2011-159 - 599 E. McGlincy Lane -Use Permit -Cambrian Go Karts Paae 2 9. Pursuant to Campbell Municipal Code Sec. 21.28.040(D), the Community Development Director has determined that the number of parking spaces available to the proposed use is sufficient to accommodate the expected demand. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed use is allowed within the applicable zoning district with Conditional Use Permit approval, and complies with all other applicable provisions of this Zoning Code and the Campbell Municipal Code. 2. The proposed use is consistent with the General Plan. 3. The proposed site is adequate in terms of size and shape to accommodate the fences and walls, landscaping, parking and loading facilities, yards, and other development features required in order to integrate the use with uses in the surrounding area. 4. The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic the use would be expected to generate. 5. The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses on-site and in the vicinity of the subject property. 6. The establishment, maintenance, or operation of the proposed use at the location proposed will not 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. 7. The project is Categorically Exempt project per Section 15303, Class 3 (Existing New Construction or Conversion of Small Structures) of the California Environmental Quality Act (CEQA). THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional Use Permit (PLN2011-159) to allow the establishment of a go-kart/scoter vehicle service and repair facility (Cambrian Go Karts) in an existing commercial building on property owned by Burton Construction located at 599 E. McGlincy Lane, Suite A in an M-1 (Light Industrial) Zoning District. The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions in accordance with the ordinances of the City of Campbell and the State of California. Where approval by the Community Development Director, City Engineer, Public Works Director, City Attorney, or Fire Department is required, that review shall be for compliance with all applicable Conditions of Approval, adopted policies and guidelines, ordinances, laws and regulations, and accepted engineering practices for the Planning Commission Reso~u,ion No. 4029 PLN2011-159 - 599 E. McGlincy Lane -Use Permit -Cambrian Go Karts Paae 3 item under review. 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: Planning Division: 1. Approved Project: Approval is granted for a Conditional Use Permit (PLN2011-159) to allow the establishment of a go-kart/scooter vehicle service and repair facility in an existing commercial building located 599 E. McGlincy Lane, Suite A. The project shall substantially conform to the revised Project Plans and Operational Description stamped as received by the Community Development Department on July 13, 2011 except as may be modified by the conditions of approval specified herein. 2. Conditional Use Permit Approval Expiration: The approval shall be valid for one year from the date of final approval (August 19, 2011). Within this one-year period a building permit must be obtained (if applicable) or the use must be established on the property (including issuance of a City Business License). Failure to meet these deadlines will result in the Conditional Use Permit being void. Once established, approval for the use shall be valid in perpetuity with continued operation of the use. Abandonment, discontinuation, or ceasing of operations for a continuous period of twelve months shall void the Conditional Use Permit approved herein. 3. Operational Standards: The approved go-kart/scooter service and repair facility shall be operated in compliance with the following operational standards: a. Services Provided: The approved use shall provide maintenance and repair services to recreational go-karts, scooters, and similar recreational vehicles only. No maintenance and repair services shall be provided to automobiles, trucks, vans, non- recreational motorcycles, or other any other non-recreational vehicle. b. Vehicles Sales: On-site sales of recreational go-karts, scooters, and similar recreational vehicles shall be maintained as an ancillary component of the businesses limited to the area identified on Sheet A2 of the approved Project Plans as "retail shelving", subject to the standards and licensing requirements of the California Department of Motor Vehicles. c. Limited Retail Sales: On-site retail sales of parts and supplies for go-karts, scooters, and similar recreational vehicles shall be maintained as an ancillary component of the businesses limited to the area identified on the Sheet A2 of the approved Project Plans as "retail shelving". d. Hours of Operation: The hours of operation shall be restricted to 9:00 AM to 6:00 PM daily, exclusive of the customary and reasonable use of the office area for administrative work. e. Service and Repair: All service and repair work shall be performed entirely within the building. Planning Commission Reso~,~.~on No. 4029 PLN2011-159 - 599 E. McGlincy Lane -Use Permit -Cambrian Go Karts Page 4 f. Roll-Up Door: The roll-up door shall be closed during all times except for transporting vehicles in and out of the building. g. Trailer Parking: One (1) trailer and one (1) associated towing vehicle associated with the business may be parked on-site as shown on Sheet A2 of the approved Project Plans as "Trailer and Motor Home Parking". At no time shall these vehicles be parked on the public street or use more than four parking spaces. h. Outdoor Activity: All outdoor activity is prohibited, including repair, service, test- driving, display, and sale. i. Outdoor Storage: No equipment, materials, go-karts, scooters, or similar recreational vehicles, shall be parked and/or stored outside the building including within the parking lot or on the public street. j. Noise: In the event verified complaints are received by the City regarding excessive noise, the Community Development Director may immediately modify the hours of operation, subject to the project being brought back to the Planning Commission for review. k. Trash & Clean Up: All trash, normal clean up, carpet cleaning, etc. shall not be done in the late evening or early morning hours. All trash removal shall be done between 7:00 AM and 7:00 PM daily. 4. Expansion of Use: Expansion of the approved go-kart/scooter service and repair facility into the adjacent tenant space (Suite B) shall require approval of a Modification to the Conditional Use Permit approved herein. At such time, the property shall be brought into compliance with the City of Campbell Landscaping Requirements pursuant to Campbell Municipal Code Sec. 21.26.030(A). 5. Revocation of Permit: Operation of the use in violation of the Conditional Use Permit or any standards, codes, or ordinances of the City of Campbell shall be grounds for consideration of revocation of the Conditional Use Permit by the Planning Commission. 6. Location of Mechanical Equipment: No roof-mounted mechanical equipment (i.e. air conditioning units, ventilation ducts or vents), shall be added to the existing building without providing screening of the mechanical equipment from public view and surrounding properties. The screening material and method shall be architecturally compatible with the building and requires review and approval by the Community Development Director and Building Division prior to installation of such screening. 7. On-Site Lighting: Any proposed on-site lighting shall be shielded away from adjacent properties and directed on site. The design and type of lighting fixtures and lighting intensity of any exterior lighting shall be reviewed and approved by the Community Development Director, prior to issuance of a building permit. Lighting fixtures shall be of a decorative design to be compatible with the development and shall incorporate energy saving features. Planning Commission Reso,~~ion No. 4029 PLN2011-159 - 599 E. McGlincy Lane -Use Permit -Cambrian Go Karts Paae 5 Building Division: 8. Permits Reauired: A building permit application shall be required for the proposed tenant improvements to the existing commercial structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 9. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 10. Size of Plans: The size of construction plans submitted for building permits shall be 24 inches by 36 inches. 11. Plan Preparation: This project requires plans prepared under the direction and oversight of a California licensed Engineer or Architect. Plans submitted for building permits shall be "wet stamped" and signed by the qualifying professional person. 12. Site Plan: Application for building permit shall include a competent site plan that identifies property and proposed structures with dimensions and elevations as appropriate. Site plan shall also include site drainage details. Site address and parcel numbers shall also be clearly called out. Site parking and path of travel to public sidewalks shall be detailed. 13. Title 24 Energy Compliance: California Title 24 Energy Standards Compliance forms shall be blue-lined on the construction plans. Compliance with the Standards shall be demonstrated for conditioning of the building envelope and lighting of the building. 14. Special Inspections: When a special inspection is required by C.B.C. Chapter 17, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the building permits, in accordance with C.B.C Appendix Chapter 1, Section 106. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 15. Non-Point Source: The City of Campbell, standard Santa Clara Valley Non-point Source Pollution Control Program specification sheet shall be part of plan submittal. The specification sheet (size 24" X 36") is available at the Building Division service counter. 16. Title 24 Accessibility -Commercial: On site general path of travel shall comply with the latest California Title 24 Accessibility Standards. Work shall include but not be limited to accessibility to building entrances from parking facilities and sidewalks. 17. Title 24 Accessibility -Commercial: Projects seeking to use the Title 24 Hardship exemption clause shall blue-line completed, City of Campbell "20%" exemption form on submitted construction plans. Form is available at Building Division service counter. 18. Approvals Required: The project requires the following agency approval prior to issuance of the building permit: Planning Commission Reso~~..~on No. 4029 PLN2011-159 - 599 E. McGlincy Lane -Use Permit -Cambrian Go Karts Paoe 6 a. West Valley Sanitation District b. Santa Clara County Fire Department 19. PG&E: Applicant is advised to contact Pacific Gas and Electric Company as early as possible in the approval process. Service installations, changes, and/or relocations may require substantial scheduling time and can cause significant delays in the approval process. Applicant should also consult with PG&E concerning utility easements, distribution pole locations and required conductor clearances. PASSED AND ADOPTED thi: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: 9th day of August, 2011, by the following roll call vote: Alster, Brennan, Ebner, Resnikoff, Reynolds and Roseberry None Gibbons None APPROVED: ATTEST: Bob Roseberry, Chair Kirk Heinrichs, Secretary