UP - Vehicle Sales - 2004December 16, 2004
Morelan Associates
Attn: Jim Morelan
1101 S. Winchester Boulevard, Suite G-173
San Jose, CA 95128
Re:
PLN2004-154 -161 Curtner Avenue - Use Permit
WholesalelRetail Motor Vehic1e Sales
Dear Applicant:
Please be advised that at its meeting of December 14, 2004, the Planning Commission adopted
Resolution No. 3611 approving a Conditional Use Permit to allow wholesale/retail motor vehicle
sales within an existing warehouselindustrial 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, December 24, 2004. 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 is set forth.
If you have any questions, please do not hesitate to contact me at (408) 866-2140.
Sincerely,
Melinda Denis
Planner I
cc:
Ed Arango, Public Works
Frank Mills, Building
Ryan Rucker, County Fire
KAJ, LLC (Former Property Owners)
c/o Leonard Tyson
13501 Paseo Del Roble
Los Altos, CA 94022
Richard Leese (New Property Owner)
LRL Enterprises, LLC
20034 Spaich Court
Saratoga, CA 95070
70NorthFirstStreet. Campbell,California95008-J436. TEL408.866.'2140. FAX408.87J.5140. TDD408,866.J.790
RESOLUTION NO. 3611
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT
(PLN2004-154) TO ALLOW WHOLESALE/RETAIL MOTOR VEHICLE
SALES WITHIN AN EXISTING WAREHOUSE/INDUSTRIAL
BUILDING ON PROEPRTY OWNED BY KAJ, LLC LOCATED AT 161
CURTNER AVENUE IN AN M-I-S (LIGHT INDUSTRIAL) ZONING
DISTRICT. APPLICATION OF MORELAN ASSOCIATES, ON BEHALF
OF KAJ, LLC. FILE NO. PLN2004-154.
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 PLN2004-154.
1. The proposed project consists of the establishment of motor vehicle sales within an existing
warehouse/industrial building,
2. The development of the proposed project will result in an industrial use that is consistent
with the General Plan Land Use Designation of Light Industrial for the project site.
3. The proposed motor vehicle sales use is consistent with the M-I-S (Light Industrial) zoning
district for the site with approval of a Use Permit and is compatible with the surrounding
uses.
4. The proposed project is well designed and is architecturally compatible with the surrounding
neighborhood.
5. The proposed project is consistent with other developments in the surrounding area and is
consistent with the development standards for industrial uses.
6. The proposed project provides eight compact parking spaces, ten standard parking spaces,
and one van accessible parking space. The 19 parking spaces will adequately address the
parking needs of the proposed project.
7. The project qualifies as a Categorically Exempt project per Section 15301, Class 1 (Existing
Facilities) of the California Environmental Quality Act (CEQA).
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The proposed project is consistent with the General Plan and Zoning Ordinance.
2. The proposed project, as conditioned, will aid in the harmonious development of the
immediate area.
Planning Commission ResoluLlon No. 3611
PLN2004-154 - 161 Curtner Avenue - Conditional Use Permit - WholesalelRetail Auto Sales
Page 2
1. No substantial evidence has been presented from which a reasonable argument could be
made that shows that the project, as currently presented and subject to the required
Conditions of Approval, will have a significant adverse impact on the environment.
2. The proposed development will not be detrimental to the health, safety or welfare of the
neighborhood or the City as a whole.
3. The subject site is 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 uses in the surrounding area.
4. The subject site is adequately served by streets of sufficient capacity to carry the kind and
quantity of traffic such use would generate.
5. There is a reasonable relationship between the use of the fees imposed upon the project and
the type of development project.
6. There is a reasonable relationship and a rough proportionality between the Conditions of
Approval and the impacts ofthe project.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional
Use Permit (PLN2004-154) to allow wholesale/retail motor vehicle sales within an existing
warehouselindustrial building on property owned by KAJ, LLC located at 161 Curtner Avenue
in an M-I-S (Light Industrial) Zoning District, subject to the following conditions:
Where approval by the Director of Community Development, 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 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.
COMMUNITY DEVELOPMENT DEPARTMENT
Plannin!! Division:
1. Approved Project: Approval is granted for a Conditional Use Permit (PLN2004-154)
allowing motor vehicle sales with an existing warehouse/industrial building located at 161
Curtner Avenue. The proposed project shall substantially conform to the project exhibits
listed below, except as may be modified by the Conditions of Approval herein:
a. Set of plans prepared by Morelan Associates, Inc., dated October 22, 2004, including
building site plan, existing floor plan and elevations, and revised plans dated November
18, 2004 including a proposed site plan.
b. Color samples submitted by Morelan Associate, Inc., received on October 22, 2004.
Planning Commission ReSOluLlon No. 3611
PLN2004-154 - 161 Curtner Avenue - Conditional Use Permit - WholesalelRetail Auto Sales
Page 3
c. The existing metal roll-up door on the second floor of Building No.2 shall be painted to
match the proposed body color.
2. Conditional Use Permit Approval Expiration: The Conditional Use Permit approval shall be
valid for one year from the date of final approval. Within this one-year period a building
permit must be obtained and construction completed one year thereafter or the use must be
established on the property (if no building permit is required). Failure to meet these
deadlines will result in the Conditional Use Permit being void.
3. 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 ofthe Conditional Use Permit by the Planning Commission.
4. Signage: No signage is approved as part of the development applications approved herein.
No sign shall be installed until a Sign Permit is approved as specified in the Sign Ordinance.
5. Property Maintenance: The property is to be maintained free of any combustible trash,
debris and weeds until the time that actual construction commences.
6. Outdoor Storage: No outdoor storage or outdoor overnight parking is permitted on the
subject property. No equipment, materials or business vehicles shall be parked and/or stored
outside the building or within the parking lot.
7. Motor Vehicle Display: No outdoor vehicle display is permitted on the subject property. All
vehicles for sale shall be kept and displayed inside the buildings. All exterior parking spaces
shall be used only for employees and/or customer use.
8. Paint Color: Final color approval shall be subject to field review and approval by the
Community Development Director.
9. Building Modifications: Prior to any changes or modifications to the building or floor plan
the applicant shall submit proposed plans to the Community Development Department for
reVIew.
Buildin!! Division:
10. Permits Required: A building permit application shall be required for the proposed new
tenant improvement to the (e) commercial structure. The building permit shall include
Electrical/PlumbinglMechanical fees when such work is part of the permit.
11. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of
construction plans submitted for building permit.
12. Size of Plans: The minimum size of construction plans submitted for building permits shall
be 24 in. by 36 in.
Planning Commission ReSOludon No. 3611
PLN2004-154 - 161 Curtner Avenue - Conditional Use Permit - WholesalelRetail Auto Sales
Page 4
13. 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.
14. 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-parking details. Site address and parcel numbers shall also be clearly
called out. Site parking and path of travel to public sidewalks shall be detailed.
15. 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.
16. Special Inspections: When a special inspection is required by U.B.c. Section 1701, 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 D.B.C. Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from
the Building Inspection Division Counter.
17. Water Pollution: 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.
18. 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.
19. 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.
20. P.G. & 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 P.G. and E. concerning utility easements, distribution pole
locations and required conductor clearances.
21. Approvals Required: The project requires the following agency approval prior to issuance of
the building permit:
a. West Valley Sanitation District
b. Santa Clara County Fire Department
Planning Commission ReSOh..lon No. 3611
PLN2004-154 - 161 Curtner Avenue - Conditional Use Permit - WholesalelRetail Auto Sales
Page 5
PUBLIC WORKS DEPARTMENT
22. Preliminary Title Report: Prior to issuance of any grading or building permits for the site,
the applicant shall provide a current Preliminary Title Report.
23. Right of Way for Public Street Purposes: Prior to issuance of any grading or building
permits for the site, the applicant must provide a plan that shows the locations of all property
lines in relationship to the street centerline and to the existing and proposed improvements.
The applicant shall dedicate additional right of way and request vacation of existing right of
way along the Curtner Avenue frontage to a distance of 40 feet from the centerline of Curtner
Avenue, along the entire frontage of the property. Also, the applicant shall request a lot line
adjustment to incorporate the street vacation area as part of the property. Applicant shall
prepare all documents and pay for fees necessary to record dedication, request vacation,
request lot line adjustment and submit to the City for review, acceptance, and recording.
24. Street Improvements: Prior to issuance of any grading or building permits for the site, the
applicant shall execute a street improvement agreement, cause plans for public street
improvements to be prepared by a registered civil engineer, pay various fees and deposits,
post security and provide insurance necessary to obtain an encroachment permit for
construction of the standard public street improvements, as required by the City Engineer.
The plans shall include the following:
a. Show location of all existing utilities within the new and existing public right of way.
b. Relocation of all existing utilities including utility boxes, covers, poles, etc. outside of
sidewalk area. No utility boxes, covers, etc. will be allowed in the sidewalk area.
c. Removal of non-ADA compliant driveway approach.
d. Construction of new 10' sidewalk and ADA compliant driveway approach.
e. Installation of street trees and irrigation.
f. Construction of conforms to existing public and private improvements, as necessary.
25. Occupancy: Prior to allowing occupancy for any and/or all buildings, the applicant shall
have the required street improvements installed and accepted by the City.
26. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer
cleanout(s) shall be installed on private property behind the public right-of-way line.
27. Utilities: All new on-site utilities shall be installed underground per Section 21.18.140 of the
Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall
comply with all plan submittals, permitting, and fee requirements of the serving utility
companIes.
Planning Commission ReSOl....lon No. 3611
PLN2004-154 - 161 Curtner Avenue - Conditional Use Permit - WholesalelRetail Auto Sales
Page 6
28. Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant
shall submit a utility coordination plan and schedule for approval by the City Engineer for
installation and/or abandonment of all utilities. Streets which have been resurfaced within
the previous five years will require boring and jacking for all new utility installations.
Applicant shall also prepare pavement restoration plans for approval by the City Engineer
prior to any utility installation or abandonment.
29. Pavement Restoration: Based on the utility coordination plan, the applicant shall prepare a
pavement restoration plan for approval by the City Engineer prior to any utility installation or
abandonment. Streets that have been reconstructed or overlaid within the previous five years
will require boring and jacking for all new utility installations. Curtner Avenue is scheduled
for an asphalt overlay by winter 2004. The pavement restoration plan shall indicate how the
street pavement shall be restored following the installation or abandonment of all utilities
necessary for the project.
30. Grading and Drainage Plan: Prior to issuance of any grading or building permits for the site,
the applicant shall conduct hydrology studies based on a ten-year storm frequency, prepare
an engineered grading and drainage plan, and pay fees required to obtain necessary grading
permits. The plans shall comply with the 1998 edition of the California Building Code
including Chapters 10, 11, 18,33, and Appendix Chapter 33.
31. Storm Drain Area Fee: Prior to issuance of any grading or building permits for the site, the
applicant shall pay the required Storm Drain Area fee of $2,500 per net acre, which is
$1,075.
32. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building
permits, the applicant shall comply with the National Pollution Discharge Elimination
System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and
the Campbell Municipal Code regarding stormwater pollution prevention. The primary
objectives are to improve the quality and reduce the quantity of storm water runoff to the bay.
Resources to achieve these objectives include Storm water Best Management Practices
Handbook for New Development and Redevelopment ("CA BMP Handbook") by the
California Stormwater Quality Association (CASQA), 2003; Start at the Source: A Design
Guidance Manual for Stormwater Quality Protection ("Start at the Source") by the Bay Area
Stormwater Management Agencies Association (BASMAA), 1999; and Using Site Design
Techniques to Meet Development Standards for Storm water Quality: A Companion
Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003.
33. Lot Line Adiustment: Prior to issuance of any grading or building permits for the site, the
applicant shall fully complete a lot line adjustment process. The applicant shall submit an
application for approval by the City Engineer, process the application with City staff's
comments and fully complete the lot line adjustment. The current application processing fee
is $775.00.
Planning Commission Resoh"lon No. 3611
PLN2004-154 -161 Curtner Avenue - Conditional Use Permit - WholesalelRetail Auto Sales
Page 7
34. Vacation of Public Street and Easements: Prior to issuance of any grading or building
permits for the site, the applicant shall fully complete the street vacation process. The
applicant shall submit a vacation of excess right-of-way application for approval by the City
Engineer, process the application with City staffs comments and fully complete the street
vacation. The current application processing fee is $2,060.00.
PASSED AND ADOPTED this 14th day of December, 2004, by the following roll call vote:
AYES: Commissioners: Alderete, Doorley, Francois, Gibbons, Rocha and
Roseberry
NOES: Commissioners: None
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None
APPROVED:
George Doorley, Chair
ATTEST:
Sharon Fierro, Secretary
ITEM NO.5
CITY OF CAMPBELL' PLANNING COMMISSION
Staff Report. December 14, 2004
PLN2004-154
Morelan
Associates, Inc.
Public Hearing to consider the application of Morelan Associates, Inc., on
behalf of KAJ LLC, for a Conditional Use Permit (PLN2004-154) to allow
motor vehicle sales within an existing warehouselindustrial building on
property owned by KAJ LLC located at 161 Curtner Avenue in a M-I-S
(Light Industrial) Zoning District.
STAFF RECOMMENDATION
That the Planning Commission take the following action:
1. Adopt a Resolution, incorporating the attached findings, approving a Conditional Use Permit to
allow motor vehicle sales within an existing warehouse/industrial building, subj ect to the
attached conditions of approval.
ENVIRONMENTAL DETERMINATION
Staff recommends that the Planning Commission find that this project is Categorically Exempt
under Section 15301, Class 1 of the California Environmental Quality Act (CEQA), pertaining to
minor alterations to existing private structures.
PROJECT DATA
Net Lot Area:
18,859 sq. ft. (.43 acres)
Proposed Building Area:
Building 1:
Office Area:
Display Area:
Total:
Building 2:
1 st Floor Display Area:
2nd Floor Storage Area:
Total:
367 sq. ft.
4.633 sq. ft.
5,000 sq. ft.
2,400 sq. ft.
2.321 sq. ft.
4,721 sq. ft.
Site Utilization:
Building Coverage:
Landscape Coverage:
Paving Coverage:
7,355 sq. ft. (39%)
1,509 sq. ft. (8%)
9,995 sq. ft. (53%)
Parking:
Required:
Provided:
16 spaces (1 per employee and 1 :200 @ 2,688 sq. ft.)
19 total spaces
Staff Report ~ Planning CoIT1ll1Íssion Meeting of December 14,2004
PLN2004-154 ~ 161 Curtner Avenue
Page 2 of 3
Hours of Operation:
Monday-Friday
Saturday-Sunday:
Adjacent Land Uses:
North:
South:
East:
West:
10:00 a.m. to 5:00 p.m. by appointment only
occasionally by appointment only
Mini-Storage
Commercial
Industrial Pipe Storage
Mini-Storage
D ISCUSSI 0 N
Applicant's Proposal: The applicant is requesting approval of a Conditional Use Permit to allow
motor vehicle sales within an existing warehouse/industrial building located at 161 Curtner Avenue.
The project site is located on the north side of Curtner Avenue near its intersection with McGlincy
Lane and is surrounded by industrial uses to the north, east and west and a multi-tenant commercial
building to the south.
Background: The project site consists of two structures approved as warehouse buildings in 1969.
Building 1 is located adjacent to Curtner Avenue and is a one-story, warehouse building with a
small area used for office. Building 2 is located at the rear of the property and is a two-story,
warehouse building. The property was previously used in conjunction with the adjacent property to
the east as a plumbing supply business.
In June 2003, the Community Development Director approved a Minor Modification to a previously
approved Site and Architectural Review Permit to allow minor alterations to the existing warehouse
buildings, which included landscaping, re-striping the parking area, paint schedule, and minor
façade improvements.
In March 2004, the Planning Commission approved a Site and Architectural Review Permit to
reduce the square footage of the existing buildings to allow the opportunity for a variety of uses
besides warehouse. A building permit was not obtained to complete the work and the buildings
remained vacant.
ANALYSIS
General Plan Designation: The General Plan land use designation for the project site is Light
Industrial which permits industrial uses. The proposed industrial, warehousing and storage use is
consistent with the General Plan Land Use Designation.
Zoning Designation: The zoning designation for the project site is M-I-S (Light Industrial). A
Conditional Use Permit is required for motor vehicle sales within the CM-I-S zoning district. The
proposed project will be consistent with the Zoning Ordinance with approval of a Conditional Use
Permit.
Use: The proposed use consists of wholesale and retail used automotive sales within the existing
warehouse/industrial buildings located at 161 Curtner Avenue. Auto Source Motoring is currently
located at 529 Forman Drive in Campbell, near the intersection of Forman Drive and McGlincy
Lane. All vehicles will be displayed and stored inside the buildings. No repair, bodywork, painting,
Staff Report ~ Planning Commission Meeting of December 14,2004
PLN2004-154 ~ 161 Curtner Avenue
Page 3 of 3
or other maintenance work will be conducted on site. The applicant's description indicates there
would be two full-time employees on-site.
Operational Hours: The applicant's description indicates that the general hours of operation would
be 10:00 a.m. to 5 :00 p.m. Monday through Friday by appointment. The business would typically
be closed on weekends and holidays but would occasionally meet a potential client by appointment
only.
Parking: The site plan indicates the provision of 19 existing parking spaces. The parking ordinance
requires one parking space for each employee and one parking space for each 200 square feet of
floor area in addition to space provided for merchandise display. There are two full time employees
generating a parking demand of two parking spaces. All of the merchandise display area would be
inside the buildings and the remaining floor area, 2,688 square feet, would generate a parking
demand of 14 parking spaces. The total parking demand for the proposed project is 16 spaces and
there are 19 existing parking spaces provided on the project site.
Architectural Modifications: Minor architectural modifications are proposed with the proposed
project. The modifications include changing the color palette to be consistent with the corporate
business image.
Site and Architectural Review Committee: The Site and Architectural Review Committee reviewed
this application at its meeting of November 30, 2004, and was supportive of the applicant's
proposal.
Attachments:
1. Findings for Approval of the Conditional Use Permit (PLN2004-154)
2. Conditions of Approval for the Conditional Use Permit (PLN2004-154)
3. Letter from Applicant
4. Letter from Proposed Tenant
5. Exhibits (Site Plan, Floor Plan, Elevations, and Photos)
6. Location Map
~ '
PreparedbY~' ." ~~
Melinda M. Denis, Planner I
Approved by: ~~b/U'~
Geoff I. radley, Senior Planner
Attachment #1
FINDINGS FOR APPROVAL OF FILE NO. PLN2004-154
SITE ADDRESS:
APPLICANT:
DATE:
161 Curtner Avenue
Morelan Associates, Inc.
December 14,2004
Findings for Approval of a Conditional Use Permit to allow wholesale/retail autosales within an
existing warehouse/industrial building located at 161 Curtner Avenue.
The Planning Commission finds as follows with regard to File No. PLN2004-154:
1. The proposed project consists of the establishment of motor vehicle sales within an existing
warehouse/industrial building,
2. The development of the proposed project will result in an industrial use that is consistent with
the General Plan Land Use Designation of Light Industrial for the project site.
3. The proposed motor vehicle sales use is consistent with the M-I-S (Light Industrial) zoning
district for the site with approval of a Use Permit and is compatible with the surrounding
uses.
4. The proposed project is well designed and is architecturally compatible with the surrounding
neighborhood.
5. The proposed project is consistent with other developments in the surrounding area and is
consistent with the development standards for industrial uses.
6. The proposed project provides eight compact parking spaces, ten standard parking spaces,
and one van accessible parking space. The 19 parking spaces will adequately address the
parking needs ofthe proposed project.
7. The project qualifies as a Categorically Exempt project per Section 15301, Class 1 (Existing
Facilities) of the California Environmental Quality Act (CEQA).
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The proposed project is consistent with the General Plan and Zoning Ordinance.
2. The proposed project, as conditioned, will aid in the harmonious development of the
immediate area.
3. No substantial evidence has been presented from which a reasonable argument could be made
that shows that the project, as currently presented and subject to the required Conditions of
Approval, will have a significant adverse impact on the environment.
4. The proposed development will not be detrimental to the health, safety or welfare of the
neighborhood or the City as a whole.
Findings for Approval ~ Planning Commission Meeting of December 14, 2004
PLN2004-154 ~ 161 Curtner Avenue
Page 2 of 2
5. The subject site is 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 uses in the surrounding area.
6. The subject site is adequately served by streets of sufficient capacity to carry the kind and
quantity of traffic such use would generate.
7. There is a reasonable relationship between the use of the fees imposed upon the project and
the type of development project.
8. There is a reasonable relationship and a rough proportionality between the Conditions of
Approval and the impacts of the project.
Attachment #2
CONDITIONS OF APPROVAL FOR FILE NO. PLN2004-154
SITE ADDRESS:
APPLICANT:
DATE:
161 Curtner Avenue
Morelan Associates
December 14,2004
The applicant is hereby notified, as part of this application, that (s)he is required to meet the
following conditions in accordance with the ordinances of the City of Campbell and the State of
California. The lead department with which the applicant will work is identified on each
condition where necessary. Where approval by the Director of Community Development, 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 items under review.
Additionally, the applicant is hereby notified that (s)he 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:
COMMUNITY DEVELOPMENT DEPARTMENT
Plannin!! Division:
1. Approved Project: Approval is granted for a Conditional Use Permit (PLN2004-154)
allowing motor vehicle sales with an existing warehouse/industrial building located at 161
Curtner Avenue. The proposed project shall substantially conform to the project exhibits
listed below, except as may be modified by the Conditions of Approval herein:
a. Set of plans prepared by Morelan Associates, Inc., dated October 22, 2004, including
building site plan, existing floor plan and elevations, and revised plans dated November
18, 2004 including a proposed site plan.
b. Color samples submitted by Morelan Associate, Inc., received on October 22, 2004.
c. The existing metal roll-up door on the second floor of Building No.2 shall be painted to
match the proposed body color.
2. Conditional Use Permit Approval Expiration: The Conditional Use Permit approval shall be
valid for one year from the date of final approval. Within this one-year period a building
permit must be obtained and construction completed one year thereafter or the use must be
established on the property (if no building permit is required). Failure to meet these
deadlines will result in the Conditional Use Permit being void.
3. 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.
4. Signage: No signage is approved as part ofthe development applications approved herein. No
sign shall be installed until a Sign Permit is approved as specified in the Sign Ordinance.
Conditions of Approval ~ Planning Commission Meeting of December 14, 2004
PLN2004-154 ~ 161 Curtner Avenue
Page 2 of 5
5. Property Maintenance: The property is to be maintained free of any combustible trash, debris
and weeds until the time that actual construction commences.
6. Outdoor Storage: No outdoor storage or outdoor overnight parking is permitted on the
subject property. No equipment, materials or business vehicles shall be parked and/or stored
outside the building or within the parking lot.
7. Motor Vehicle Display: No outdoor vehicle display is permitted on the subject property. All
vehicles for sale shall be kept and displayed inside the buildings. All exterior parking spaces
shall be used only for employees and/or customer use.
8. Paint Color: Final color approval shall be subject to field review and approval by the
Community Development Director.
9. Building Modifications: Prior to any changes or modifications to the building or floor plan
the applicant shall submit proposed plans to the Community Development Department for
reVIew.
Buildin!! Division:
10. Permits Required: A building permit application shall be required for the proposed new
tenant improvement to the ( e) commercial structure. The building permit shall include
Electrical/PlumbinglMechanical fees when such work is part of the permit.
11. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of
construction plans submitted for building permit.
12. Size of Plans: The minimum size of construction plans submitted for building permits shall
be 24 in. by 36 in.
13. 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.
14. 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-parking details. Site address and parcel numbers shall also be clearly
called out. Site parking and path of travel to public sidewalks shall be detailed.
15. 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.
16. Special Inspections: When a special inspection is required by U.B.c. Section 1701, 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
Conditions of Approval ~ Planning Commission Meeting of December 14,2004
PLN2004-154 ~ 161 Curtner Avenue
Page 3 of 5
with U.B.c. Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from
the Building Inspection Division Counter.
17. Water Pollution: 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.
18. 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.
19. 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.
20. P.G. & 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 P.G. and E. concerning utility easements, distribution pole
locations and required conductor clearances.
21. Approvals Required: The project requires the following agency approval prior to issuance of
the building permit:
a. West Valley Sanitation District
b. Santa Clara County Fire Department
PUBLIC WORKS DEPARTMENT
22. Preliminary Title Report: Prior to issuance of any grading or building permits for the site, the
applicant shall provide a current Preliminary Title Report.
23. Right ofWav for Public Street Purposes: Prior to issuance of any grading or building permits
for the site, the applicant must provide a plan that shows the locations of all property lines in
relationship to the street centerline and to the existing and proposed improvements. The
applicant shall dedicate additional right of way and request vacation of existing right of way
along the Curtner Avenue frontage to a distance of 40 feet from the centerline of Curtner
Avenue, along the entire frontage of the property. Also, the applicant shall request a lot line
adjustment to incorporate the street vacation area as part of the property. Applicant shall
prepare all documents and pay for fees necessary to record dedication, request vacation,
request lot line adjustment and submit to the City for review, acceptance, and recording.
24. Street Imorovements: Prior to issuance of any grading or building permits for the site, the
applicant shall execute a street improvement agreement, cause plans for public street
improvements to be prepared by a registered civil engineer, pay various fees and deposits,
Conditions of Approval- Planning Commission Meeting of December 14, 2004
PLN2004-154 - 161 Curtner Avenue
Page 4 of 5
post security and provide insurance necessary to obtain an encroachment permit for
construction of the standard public street improvements, as required by the City Engineer.
The plans shall include the following:
a. Show location of all existing utilities within the new and existing public right of way.
b. Relocation of all existing utilities including utility boxes, covers, poles, etc. outside of
sidewalk area. No utility boxes, covers, etc. will be allowed in the sidewalk area.
c. Removal of non-ADA compliant driveway approach.
d. Construction of new 10' sidewalk and ADA compliant driveway approach.
e. Installation of street trees and irrigation.
f. Construction of conforms to existing public and private improvements, as necessary.
25. Occupancy: Prior to allowing occupancy for any and/or all buildings, the applicant shall have
the required street improvements installed and accepted by the City.
26. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer
cleanout(s) shall be installed on private property behind the public right-of-way line.
27. Utilities: All new on-site utilities shall be installed underground per Section 21.18.140 of the
Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall
comply with all plan submittals, permitting, and fee requirements of the serving utility
companIes.
28. Utilitv Coordination Plan: Prior to issuance of building permits for the site, the applicant
shall submit a utility coordination plan and schedule for approval by the City Engineer for
installation and/or abandonment of all utilities. Streets which have been resurfaced within
the previous five years will require boring and jacking for all new utility installations.
Applicant shall also prepare pavement restoration plans for approval by the City Engineer
prior to any utility installation or abandonment.
29. Pavement Restoration: Based on the utility coordination plan, the applicant shall prepare a
pavement restoration plan for approval by the City Engineer prior to any utility installation or
abandonment. Streets that have been reconstructed or overlaid within the previous five years
will require boring and jacking for all new utility installations. Curtner Avenue is scheduled
for an asphalt overlay by winter 2004. The pavement restoration plan shall indicate how the
street pavement shall be restored following the installation or abandonment of all utilities
necessary for the project.
30. Grading and Drainage Plan: Prior to issuance of any grading or building permits for the site,
the applicant shall conduct hydrology studies based on a ten-year storm frequency, prepare an
engineered grading and drainage plan, and pay fees required to obtain necessary grading
Conditions of Approval- Planning Commission Meeting of December 14, 2004
PLN2004-154 - 161 Curtner Avenue
Page 5 of 5
permits. The plans shall comply with the 1998 edition of the California Building Code
including Chapters 10, 11, 18,33, and Appendix Chapter 33.
31. Storm Drain Area Fee: Prior to issuance of any grading or building permits for the site, the
applicant shall pay the required Storm Drain Area fee of$2,500 per net acre, which is $1,075.
32. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building
permits, the applicant shall comply with the National Pollution Discharge Elimination
System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and
the Campbell Municipal Code regarding stormwater pollution prevention. The primary
objectives are to improve the quality and reduce the quantity of stormwater runoff to the bay.
Resources to achieve these objectives include Stormwater Best Management Practices
Handbook for New Development and Redevelopment ("CA BMP Handbook") by the
California Stormwater Quality Association (CASQA), 2003; Start at the Source: A Design
Guidance Manual for Storm water Quality Protection ("Start at the Source") by the Bay Area
Stormwater Management Agencies Association (BASMAA), 1999; and Using Site Design
Techniques to Meet Development Standards for Stormwater Quality: A Companion
Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003.
33. Lot Line Adiustment: Prior to issuance of any grading or building permits for the site, the
applicant shall fully complete a lot line adjustment process. The applicant shall submit an
application for approval by the City Engineer, process the application with City staffs
comments and fully complete the lot line adjustment. The current application processing fee
is $775.00.
34. Vacation of Public Street and Easements: Prior to issuance of any grading or building
permits for the site, the applicant shall fully complete the street vacation process. The
applicant shall submit a vacation of excess right-of-way application for approval by the City
Engineer, process the application with City staffs comments and fully complete the street
vacation. The current application processing fee is $2,060.00.
r
Attachment #3
MORELA~
ASSOCIATES, INC,
ARCHITECTURE
CONSTRUCTION
TO:
City of Campbell
Community Development Department
70 North First Street
Campbell, CA 95008
1101 S. Winchester Blvd,
Suite G-173
San Jose, CA 95128-3917
TEL (408)247-3322
FAX (408)247-5560
Email info@morelan,net
www.morelan.net
RE:
Existing Buildings
161 Curtner Avenue
Campbell, CA 95008
APN: 412-33-018
OWNER I SELLER:
KAJLLC
13501 Paseo Del Roble
Los Altos Hills, CA 94022
Contact: Leonard Tyson
October 21, 2004
TENANT I BUYER:
Rick Leese
20034 Spaich Court
Saratoga, CA 95070
BUSINESS NAME:
AutoSource Motoring
SUBJECT:
Use Permit Application
WRITTEN DESCRIPTION:
This submittal is for a Use Permit that allows the property and existing buildings to be used for
automotive wholesale I retail sales and for interior storage of high-end, market-ready, new and
pre-owned vehicles. No repair, bodywork, painting or other maintenance work will be included
with this use. All sales activities will be conducted indoors. No parking or other exterior space
will be used for display or advertising of vehicles for sale.
The reason this Use Permit should be approved is that the proposed use is consistent will the
uses permitted in the M-1 Zoning District, subject to conditions. A Site & Architectural Review
Permit, PLN2004-04, was recently approved and it is anticipated that conditions of approval for
this proposed use will be the same or similar.
This property and buildings have been recently upgraded and remodeled and approved for UBC
Occupancy S-1, Moderate Hazard Storage. The proposed use is similar and will be S-3, Storage.
Only minor improvements will be required to provide 1-Hr rated protection to the west wall of the
front metal building. Minor exterior modifications are proposed that will include changing colors
to be consistent with the business logo and signage,
Mr. Rick Leese, the tenant I buyer, has been in business in Campbell for more than 20 years. His
current business, AutoSource Motoring, is located at 529 Forman Drive, Unit C. The proposed
operation will be the same and includes sale of "high-end vehicles by appointment only, during
the hours of 10:00 am and 5:00 pm, Monday - Friday. The business is normally closed on
weeJre'nd~ßnd holidays. This use will have little impact on traffic generation, since it is not typical
r\~sale i erati~n,\.ions. mployees will consist of two sales persons.
c(xrJ
. orel n, AlA
Architect I Applicant
Architect CA #C-5471
.
HI #AR-9651
.
NV #1709
.
General Contractor CA #413297
Attachment #4
'~
AutoSou rceMoto ring~
To The City of Campbell,
AutoSource Motoring has been operating as a high end,
Licensed, Used Vehicle/Auto Brokerage Dealer, located
at 529 Forman Drive Unit C, with two full time
employees. Vehicles are sold on an appointment only
basis during the hours of 10:00 AM and 5:00 PM
Monday-Friday. We are normally closed on weekends
and Holidays but will occasionally meet a potential client
during this time.The purpose of moving the business
from Forman Drive to 161 Curtner is the opportunity to
purchase our own building for indoor vehicle storage.
Automobiles will not be displayed for sale outside the
facility at any time. We are very concerned about our
image in the neighborhood and community. I have been
a business owner in the City of Campbell for over 20
years and have always maintained a clean and
professional location.
We are sensitive to noise and nuisance in the area and
will make every effort to operate with that in mind.
Thank you for your consideration.
Richard A. Leese
SRL
Motoring
LLC
Forman
Campbell
California
95008
Phone
408-626-8700
Fax 626-7861
www,
529
autosou rcemotori ng
Drive #C
,com
December 3, 2004
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Planning Commission of the City of Campbell has set the time of
7:30 p.m., or shortly thereafter, on Tuesday, December 14, 2004, in the City Hall Council
Chambers, 70 North First Street, Campbell, California, for a Public Hearing to consider the
application of Morelan Associates, on behalf of KAJ, LLC, for a Conditional Use Permit
(PLN2004-154) to allow wholesale/retail auto sales within an existing warehouselindustrial
building on property owned by KAJ, LLC, located at 161 Curtner Avenue in an M-I-S (Light
Industrial) Zoning District. Staff is recommending that this project be deemed Categorically
Exempt under CEQA.
Interested persons may appear and be heard at this hearing. Please be advised that if you
challenge the nature of the above project in court, you may be limited to raising only those issues
you or someone else raised at the Public Hearing described in this Notice, or in written
correspondence delivered to the City of Campbell Planning Commission at, or prior to, the
Public Hearing. Questions may be addressed to the Community Development Department at
(408) 866-2140.
Decisions of the Planning Commission may be appealed to the City Council. Appeals must be
submitted to the City Clerk in writing within 10 calendar days of an action by the Commission.
In compliance with the Americans with Disabilities Act, listening assistive devices are available
for all meetings held in the Council Chambers. If you require accommodation, please contact the
Community Development Department at (408) 866-2140, at least one week in advance of the
meeting.
PLANNING COMMISSION
CITY OF CAMPBELL
SHARON FIERRO
SECRETARY
PLEASE NOTE:
When calling about this Notice,
please refer to File No. PLN2004-154
Address: 161 Curtner Avenue
70 North First Street. Campbell, California 95008-1436
III. 408.866.'2140 . fAX 408.871.5140 . 11m 408.866.'2790
November 23,2004
Re:
PLN2004-154 - 161 Curtner Avenue
Use Permit - Auto Wholesale & Retail Sales
Dear Applicant:
Please be advised that the above-referenced application has been scheduled for the following
meeting(s):
Site and Architectural Review Committee Meeting
Date: Tuesday, November 30, 2004
Time: 6:40 p.m.
Location: Doetsch Conference Room, City Hall, 70 N. First Street, Campbell
Planning Commission Meeting
Date: Tuesday, December 14,2004
Time: 7:30 p.m.
Location: City Hall Council Chambers, 70 N. First Street, Campbell
Should you have any questions or comments, please do not hesitate to contact me at (408) 866-
2140.
Sincerely,
Melinda Denis
Planner I
cc:
Morelan Associates, Attn: Jim Morelan (Applicant)
1101 S. Winchester Blvd., #G-173
San Jose, CA 95128
KAJ, LLC, Attn: Leonard Tyson (Property Owners)
13501 Paseo Del Roble
Los Altos, CA 94022
70 North Fir,;t Street. Campbell, California 95008-1436 . TEl. 408.866.'2140
FAX 408.871.5140 . TIm 408.866.'2790
MEMORANDUM
From:
Site and Architectural Review Committee
Melinda M. Denis, Planner Iv{lnlY
Date: November 30, 2004
To:
Subject:
161 Curtner Avenue ~ PLN2004-00154
Conditional Use Permit
Proposal
The applicant is requesting approval of a Conditional Use Permit to allow motor vehicle sales
within an existing warehouselindustrial building. The project site is located on the north side of
Curtner Avenue near its intersection with McGlincy Lane.
The General Plan land use designation is light Industrial and the zoning designation is M-I-S
(Light Industrial). The existing buildings were approved as warehouse building in 1969. A Site
and Architectural Review Permit was approved by the Planning Commission in March 2004 to
reduce the square footage of the existing buildings to allow the opportunity for a variety of uses
other than warehouse. A building permit was not obtained to complete the work and the
buildings remain as is. The applicant is requesting approval at this time to allow motor vehicle
sales within the existing building. No exterior display area is proposed with this application. All
vehicles will be stored inside the buildings. Staff will be recommending a Condition of
Approval that would not allow exterior display of vehicles for sale.
Project Data
Net Lot Area:
18,859 sq. ft. (0.43 acres)
Proposed Building Area:
Building 1:
Office Area:
Display Area:
Total:
Building 2:
1 st Floor Display Area:
2nd Floor Storage Area:
Total:
367 sq. ft.
4,633 sq. ft.
5,000 sq. ft.
2,400 sq. ft.
2,321 sq. ft.
4,721 sq. ft.
Site Utilization:
Building Coverage:
Landscape Coverage:
Paving Coverage:
7,355 sq. ft.
1,509 sq. ft.
9,995 sq. ft.
(39%)
(8%)
(53%)
PLN 2004-00154 -161 Cu,.ner Avenue
Paf!e 2 of 2
Parking:
Required:
Provided:
16 spaces (1 per employee and 1 :200 @ 2,688 sq. ft.)
19 total spaces
Adj acent Land Uses
North:
South:
East:
West:
Mini-Storage
Mixed Commercial
Outdoor Storage
Mini-Storage
Staff Analvsis
Staff is generally supportive of the proposed project. The applicant has been working with staff
to revise the color palette on the exterior elevations.
Attachment: Site plan, floor plan, elevations and location map.
November 12, 2004
Mr. Jim Morelan
Morelan Associates, Inc.
1101 S. Winchester Blvd., Suite G-173
San Jose, CA 95128
Re:
Conditional Use Permit Application
File No.: PLN2004-00154 -161 Curtner Avenue
Dear Mr. Morelan:
Thank you for your submittal of a Conditional Use Permit Application to allow wholesale/retail autosales
within an existing warehouse/indus1rial building located at 161 Curtner Avenue. This application will be
considered by the Planning Commission and would be decided upon at a public hearing.
Your application has been deemed incomplete. Additional information/documents must be submitted
before your application can be deemed complete and scheduled for a public hearing. These items are as
follows:
1. Floor Plan: Please provide a proposed floor plan for each building in addition to the existing floor
plans submitted with the application. The proposed floor plan should identify the proposed vehicle
display area, ancillary retail merchandise display area, and storage areas.
2. Proposed Paint Schedule: Staff is not supportive ofthe proposed paint schedule as it resembles other
color palettes in the vicinity including the GE Storage Facility and Motel 6 located on Curtner
Avenue. Staff recommends a paint schedule that will provide a unique identity for the proposed use
while complementing the surrounding buildings. Please contact me so we may discuss some
alternative options.
I have enclosed conditions of approval from the Building Division and Public Works Department for your
review. Please feel free to contact me at if you have any questions regarding these comments at (408)
866-2142 or by email at melindad@cityofcampbell.com.
Sincerely,
, ílJ1!ø~t&~/~
Melinda M. Denis
Planner I
encl:
Building Inspection Division Conditions of Approval, 11/09/04
Public Works Department Conditions of Approval, 11/04/04
cc:
Geoff Bradley, Senior Planner
Leonard Tyson, KAJ LLC, 13501 Paseo del Roble, Los Altos Hills, CA 94022
70 North First Street
Campbell, California 95008-1436 . TEL 408.866.'2140 . FAX 408.871.5140
TDr:> 408.866.:2790