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Use Permit - Spray Booth - 2007,-- pE • ~A~yjn ~. V-~.• ~~ .~ •~RCH AR~• CITY of CAMPBELL Community Development Department October 15, 2007 Mr. David Ferguson Images Auto Body 216 Cristich Lane Campbell, CA 95008 Re: PLN2007-99 - 216 Cristich Lane -Use Permit -Spray Booth Dear Applicant: Please be advised that at its meeting of October 9, 2007, the Planning Commission adopted Resolution No. 3842 approving a Conditional Use Permit (PLN2007-99) for the expansion of a legal non-conforming auto repair use to allow for the addition of an enclosed spray booth 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, October 19, 2007. 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, please do not hesitate to contact me at (408) 866-2140. Sinc rely, eve Prosser Planner I cc: Earl Tanner (Property Owner) P.O. Box 496 Oakley, CA 94561 70 North First Street Campbell, California 95008-1436 TEL 408.866.2140 Fax 408.871.5 t 40 ToD 408.866.2790 RESOLUTION NO. 3842 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2007-99) FOR THE EXPANSION OF A LEGAL NON- CONFORMING AUTO REPAIR USE TO ALLOW FOR THE ADDITION OF AN ENCLOSED SPRAY BOOTH ON PROPERTY OWNED BY MR. EARL TANNER LOCATED AT 216 CRISTICH LANE IN AN M-1-S (LIGHT INDUSTRIAL) ZONING DISTRICT. APPLICATION OF MR. DAVID FERGUSON, ON BEHALF OF IMAGES AUTO BODY. FILE NO.: PLN2007-99. 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 PLN2007-99. 1. The proposed motor vehicle repair facility is consistent with the Central Commercial General Plan land use designation. 2. The proposed motor vehicle repair facility will be compatible with the M-1 (Light Industrial) zoning designation with approval of a Conditional Use Permit. 3. The project site is developed with existing one and two story industrial and office buildings. 4. The project site is located on the east side of Cristich Lane. The property is surrounded by industrial/commercial uses to the North, South, East and West. 5. The proposed project is consistent with other developments and uses in the surrounding area. 6. The hours of operation shall be restricted to 7:00 a.m. to 7:00 p.m., Monday through Saturday, and 10:00 a.m. to 7:00 p.m., Sundays and national holidays. 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. 2. 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 Municipal Code. Planning Commission Re~~lution No. 3842 PLN2007-99 - 216 Cristich Lane -Use Permit -Images Auto Body Page 2 3. The proposed site is adequate in terms of size and shape to accommodate the fences and parking required in order to integrate the use with uses in the surrounding area. 4. The proposed site is adequately served by streets with 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 establishment of a motor vehicle repair facility, as conditioned, will not create a nuisance due to litter, noise, traffic, vandalism, or other factors. 8. The establishment of a motor vehicle repair facility, as conditioned, will not significantly disturb the peace and enjoyment of the nearby residential neighborhood. 9. The establishment of a motor vehicle repair facility will not significantly increase the demand on City services. 10. No substantial evidence has been presented which shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. 11. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional Use Permit (PLN2007-99) to allow the expansion of a legal non-conforming auto repair use to allow for the addition of an enclosed spray booth on property owned by Mr. Earl Tanner located at 216 Cristich Lane in an M-1-S (Light Industrial) Zoning District. 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. Planning Commission Re~~lution No. 3842 PLN2007-99 - 216 Cristich Lane -Use Permit -Images Auto Body Page 3 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division 1. Approved Proiect: Approval is granted for a Conditional Use Permit (PLN2007-99) to allow the expansion of an existing non-conforming motor vehicle repair facility and the addition of a enclosed spray booth located at 216 Cristich Lane. The project shall substantially conform to the Project Plans received by the Planning Division on August 23, 2007, and in compliance with the Written Statement project description received on June 27, 2007, except as may be modified by the Conditions of Approval herein. * * Planning sign off is required to prior to Building Permit final. Construction not in substantial compliance with the approved project plans shall not be approved without prior authorization of the necessary approving body. 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 the use must be established on the property and the conditions of approval satisfied. Failure to meet this deadline will result in the Conditional Use Permit being void. 3. Declaration of Acceptance of All Conditions: Within thirty (30) days of Planning Commission approval, the applicant and property owner shall sign the final, approved set of Conditions of Approval. Until said Conditions are signed, the proposed Use Permit shall not be valid for any permits sought from the City. 4. 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. 5. Business Operational Hours: The hours of operation shall be restricted to 7:00 a.m. to 7:00 p.m., Monday through Saturday, and 10:00 a.m. to 7:00 p.m., Sundays and national holidays. The closing time shall mean the business is closed and all employees have exited the building. 6. Property Maintenance: The owner/operator of the subject property shall maintain all exterior areas of the business free from graffiti, trash, rubbish, posters and stickers placed on the property. 7. Siana e: No signage is approved as part of the development application approved herein. All signage shall be installed and maintained consistent with the provision of the Sign Ordinance, Chapter 21.30 of the Campbell Municipal Code. Planning Commission Re~~lution No. 3842 PLN2007-99 - 216 Cristich Lane -Use Permit -Images Auto Body Page 4 8. Illegal Structures: All non-permitted structures, including the cargo storage containers, detached accessory structure used for boat storage, and the RV carport shall be removed completely from the property. 9. Landscape Plan: The applicant shall submit four (4) sets of a final landscape and irrigation plan to the Planning Division, prior to the issuance of building permits, for review and approval by the Community Development Director. The landscape and irrigation plan shall comply with the City Landscape Ordinance by providing landscaping on at least 8% of the project site and substantially conform with the approved conceptual landscape plan and the City's Water Efficient Landscaping Standards (WELS). Landscaping shall be designed to minimize irrigation and runoff, promote surface infiltration where appropriate, and minimize the use of fertilizers and pesticides that can contribute to storm water pollution. 10. Motor Vehicle Repair Facilities: The applicant shall comply with the entire operational requirements of the Campbell Zoning Ordinance Section 21.36.140, Motor Vehicle Facilities. 11.Inogerable Vehicles: The storage of inoperable outside of a fully enclosed and legally permitted structure is prohibited. Remove any and all inoperable vehicle on site. 12. Recreational Vehicles: The storage of recreational vehicles on site is prohibited. Remove any and all recreational vehicles from the property. 13.Outdoor Storage: No outdoor storage is allowed pursuant to the Conditional Use Permit. 14. Fencing: A six foot high masonry wall shall be constructed along the side and rear property lines designated as the fenced yard on the site plan. The six foot high masonry wall is an operational requirement for Motor Vehicle Repair facilities as required by Section 21.36.140 of the Zoning Code. 15. Noise: a. Noise Standard: Any noises, sounds and/or voices, including but not limited to amplified sounds, loud speakers, sounds from audio sound systems, bells, revving of engines, tools, and/or music generated by the subject use shall not be audible to a person of normal hearing capacity from any residential property. The use of a public address system is not allowed for this project. b. Noise Management: In the event complaints are received by the City regarding noise, the Community Development Director may immediately modify the hours of operation and/or limit the extended hours of operation, subject to the project being brought back to the Planning Commission for review. c. Front and Side Doors: All doors, including service bay doors, shall not remain in an open position during business hours. Planning Commission Re~~lution No. 3842 PLN2007-99 - 216 Cristich Lane -Use Permit -Images Auto Body Page 5 16.Trash & Clean Up: All trash, normal clean up, carpet cleaning, etc. shall not be done in the late evening or early morning hours. All clean up shall be done between 6:00 a.m. and 11:00 p.m. daily. 17. Parking and Driveways: All parking and driveway areas shall be maintained in compliance with the standards in Chapter 21.28 (Parking & Loading) of the Campbell Municipal Code. Building Department 18. Permits Required: 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. 19. Construction Plans: The conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 20. Size of Plans: the minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. 21. 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. 22. 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. 23.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. 24. 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 U.B.C Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 25. Non-Point Source Provisions: 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. Planning Commission Rel:lvlution No. 3842 PLN2007-99 - 216 Cristich Lane - Use Permit - Images Auto Body Page 6 26. Title 24 Accessibilitv - 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. 27. Title 24 Accessibilitv - 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. 28.Approvals Reauired: The project requires the following agency approval prior to issuance of the building permit. a. Santa Clara County Fire Department 29. 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. PUBLIC WORKS DEPARTMENT 30. Leaal Lot: The applicant shall provide documentation to ascertain that the property has been legally created. 31.Storm Drain Area Fee: Prior to issuance of the conditional use permit for the facility, the applicant shall pay the required Storm Drain Area fee, currently set at $2,650 per net acre, which is $2,438.00 32. Deferred Street Improvement Aareement: Prior to issuance of a building permit for the accessory structure/spray booth, the owner shall execute a deferred and notarized street improvement agreement for construction of standard street improvements, as required by the City Engineer. The future plans for the deferred street improvement may include the following: a. Show location of all existing utilities within the 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 existing street section to centerline d. Installation of engineered structural pavement section to centerline, as required by the City Engineer. e. Installation of City standard curb, gutter, sidewalk and ADA compliant driveway approaches. f. Installation of street trees at 30 feet on center. g. Installation of streetlights, conduits, conductors and related facilities in accordance with the City of Campbell's Street Lighting Policies. Planning Commission Rel)\Jlution No. 3842 PLN2007-99 - 216 Cristich Lane - Use Permit - Images Auto Body Page 7 h. Installation of traffic control, signage, and markings. i. Construction of conforms to existing public and private improvements, as necessary. 33. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer c1eanout(s) shall be relocated or installed on private property behind the future public right-of-way line. 34. Utilities: All 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. 35. Utilitv Coordination Plan: Prior to issuance of an encroachment permit for the required street improvements, the applicant shall submit a utility coordination plan and schedule for approval by the City Engineer for installation and/or abandonment of all utilities as necessary. The plan shall clearly show the location and size of all existing utilities and the associated main lines; indicate which utilities and services are to remain; which utilities and services are to be abandoned, and where new utilities and services will be installed. Joint trenches for new utilities shall be used whenever possible. 36. 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. Public Streets that have been reconstructed or overlaid within the previous five years will require boring and jacking for all new utility installations. Cristich Lane is currently a private street. 37. Utilitv Encroachment Permit: Separate permits for the installation of utilities to serve the development will be required (including water, sewer, gas, electric, etc.). Applicant shall apply for and pay all necessary fees for utility permits for sanitary sewer, gas, water, electric and all other utility work. 38. Additional Street Imorovements: Should it be discovered after the approval process that new utility main lines, extra utility work or other work is required to service the development, and should those facilities or other work affect any public improvements, the City may add conditions to the development/project/permit, at the discretion of the City Engineer, to restore pavement or other public improvements to the satisfaction of the City. 39. Stormwater Pollution Prevention Measures: Prior to issuance of the conditional use permit, the applicant shall provide a certified and stamped statement from the design engineer that the facility complies 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. Planning Commission Resolution No. 3842 PLN2007-99 - 216 Cristich Lane - Use Permit -Images Auto Body Page 8 Specifically the project must include source control, site design and treatment measures to achieve compliance with Provision C.3 of the NPDES Permit. Measures may include, but are not limited to, minimization of impervious surface area, vegetated swales, infiltration areas, and treatment devices. 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 Stormwater Quality Protection ("Start at the Source") by the Bay Area Storrnwater 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. 40. Bav Area Air Quality Control Manaaement District Permit: Prior to issuance of a building permit. the applicant shall pay the necessary fees to obtain the necessary permits from the Bay Area Air Quality Management District for operation of the facility and submit the said permits to the City. . FIRE DEPARTMENT 41. Fire Department (Engine) Turn-around: Provide marking for the designated turn around within the project. Markings shall be per Fire Department specifications. Installations shall also conform to Local Government Standards and Fire Department Standard Details and Specifications A-6. PASSED AND ADOPTED this 9th day of October, 2007, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Ebner, Gibbons and Rocha Alderete and Roseberry Doorley None APPROVEO!J ~ &Ii Michael Rocha, Chair ArrEST: f Attachment #2 Page 6 of6 to achieve compliance with Provision C.3. of the NPDES Permit. Measures may include, but are not limited to, minimization of impervious surface area, vegetated swales, infiltration areas, and treatment devices. 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 Stormwater Quality: A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. 40. Bay Area Air Ouality Control Management District Permit: Prior to issuance of a building permit, the applicant shall pay the necessary fees to obtain the necessary permits from the Bay Area Air Quality Management District for operation of the facility and submit the said permits to the City. FIRE DEPARTMENT 41. Fire Department (Engine) Turn-around: Provide marking for the designated turn around within the project. Markings shall be per Fire Department specifications. Installations shall also conform to Local Government Standards and Fire Department Standard Details and Specifications A-6. /jledged ~ Acce ~ef< REC~~'f~f) NOV 0 1 2007 CIT'i I' ~ Earl C. Tanner, Jr and Ta N. Trustee, Property Owner -/~"" I~~ - ~ ---<. ..0' . CA.11A<fl t: (f\ u t;- o 0 ... ... ~~ :: . (, OilCHf'o.'Il" . ITEM NO.3 CITY OF CAMPBELL. PLANNING COMMISSION Staff Report · October 9, 2007 PLN2007-99 Ferguson, David on behalf of Images Auto Body Public Hearing to consider the application of Mr. David Ferguson on behalf of Images Auto Body for a Conditional Use Permit (PLN2007-99) for the expansion of a legal non-conforming motor vehicle repair use to allow for the addition of an as-built enclosed spray booth on property owned by Mr. Earl tanner located at 216 Cristich Lane in the M-I (Light Industrial) Zoning District. STAFF RECOMMENDATION That the Planning Commission take the following action: I. Adopt a Resolution, incorporating the attached findings, approving a Conditional Use Permit (PLN2007-99) to allow the expansion of a legal non-conforming motor vehicle repair use to allow for the addition of an as-built enclosed spray booth subject 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 Enyironmental Quality Act (CEQA), pertaining to minor alterations to existing private structures. PROJECT DATA Net Lot Area: 42,029 s.f. Site Utilization Building Coverage: Paving Coverage: Landscaping Coverage: 10,016 s.f. 31,713 s.f. 300 s.f. 24% 75% .7% Floor Area Ratio (FAR): Building Addition Proposed: .28 840 s.f. Parking Provided 54 Parking Spaces Staff Report ~ Planning Commission Meeting of October 9,2007 PLN2007 -99~ 216 Cristich Lane Page 2 of 4 Parking Required: 51 Parking Spaces 1 parking space for each 350 square feet of gross floor area, plus 2 spaces per bay for auto repair (32 spaces) I parking space for each 225 square feet of gross floor area for office (16 spaces) 1 parking space for each 400 square feet of gross floor area for manufacturing (3 spaces) Hours of Open to the Public: Monday through Friday: Saturday and Sunday: 8:00 a.m. to 5:00 p.m. Closed Allowed Hours of Operation: Monday through Saturday: Sundays: 7:00 a.m. to 7:00 p.m. 10:00 a.m. to 7:00 p.m. Surrounding Uses: North: South: East: West: Commercial/Industrial Commercial/Industrial Commercial/Industrial Commercial/Industrial DISCUSSION Applicant's Proposal: The applicant is requesting approval of a Conditional Use Permit for the expansion of a legal non-conforming auto repair use (Images Auto Body) to allow for the addition of an as-built 840 sq. ft. enclosed spray booth on property located at 216 Cristich Lane within the M -1-8 (Light Industrial) Zoning District, (reference Attachment 4, Proj ect Description). The proposed building material is 5/8" plywood siding and composition shingle roofing dark gray in color. The existing site has earth tone colors scheme. Project Location: The project site is located in an M-l (Light Industrial) Zoning District, and is shown as a Light Industrial land use designation on the General Plan. The subject property is located on the east side of Cristich Lane (reference Attachment 6, Location Map). The property is surrounded by commercial and industrial uses. Background: The project site is currently improved with one two-story office building fronting Cristich Lane, a one story commercial building along the northern property line that houses a cabinet shop, an unrelated auto repair business, one auto repair bay associated with Images Auto Body, the as-built spray booth addition, and a one-story building along the east property line occupied by Images Auto Body. There is a non-permitted Recreational vehicle (RV) carport located to the rear of the property. Staff Report ~ Planning Commission Meeting of October 9,2007 PLN2007 -99~ 216 Cristich Lane Page 3 of4 There are multiple cargo containers and a non-permitted detached shed within the parking area. ANALYSIS General Plan Designation: The General Plan land use designation for the project site is Light Industrial. The proposed motor vehicle repair use consistent with this land use designation. Zoning Designation: The Zoning designation for the motor vehicle repair project site is M-l (Light Industrial District). The M-l Zoning District allows a motor vehicle repair facility with the approval of a Conditional Use Permit. The proposed project would be consistent with the M-l (Light Industrial) Zoning Ordinance with approval ofa Conditional Use Permit. Hours: The existing business operating hours are 8:30 a.m. to 5:00 p.m., Monday through Friday. The business is closed on the weekend. Site Lavout and Architecture: The as-built building material is 5/8" plywood siding and composition shingle roofing dark gray in color. The existing site has earth tone colors scheme (reference Attachment 3, Project Plans). Parking: The project site as proposed requires 51 parking spaces. The project site currently provides 54 parking spaces with the removal of the non-permitted accessory structure and cargo storage containers. Therefore, with the removal of the non-permitted structures, there would be adequate parking on site to meet the City's current parking standards. Outdoor Storage: No outdoor storage would be permitted with approval of the Conditional Use Permit. Landscaping: The applicant is proposing to install 300 sq. ft. of landscaping on the existing site. The City of Campbell landscaping requirements for developments within the M-I-S Light Industrial Zoning District is 8% of the lot area with a 10 foot wide landscape area along the front property line. The project site provides parking along the street frontage consistent with adjacent sites in the area. No other changes to the site are proposed by applicant. Fencing: The applicant will be required to build a six-foot masonry wall along the side and rear property lines designated as the perimeter fencing on the site plan. The proposed masonry wall fulfills an operational requirement for Motor Vehicle Repair facilities required by Section 21.36.140 ofthe Zoning Code. Site and Architectural Review Committee: The Site and Architectural Review Committee reviewed this application at their September 25, 2007, meeting. The Committee was generally supportive of the project and staff's recommendation to incorporate the following into the Conditions of Approval: 1. Remove all illegal structures including the cargo containers, the detached shed, and the R V storage carport; 2. Provide the required eight percent on-site landscaping; Staff Report ~ Planning Commission Meeting of October 9,2007 PLN2007 -99~ 216 Cristich Lane Page 4 of 4 3. Comply with Section 21.36.140, Motor vehicle repair facilities, of the Campbell Zoning Code, including the construction of a six-foot block wall along the perimeter of the site; 4. Remove all inoperable vehicles from the property; and 5. Remove all RV's from the property. Attachments: 1. Findings for Approval of File No. PLN2007-99 2. Conditions of Approval for File No. PLN2007-99 3. Project Plans 4. Applicant's Written Statement 5. Photographs 6. Location Map Prepared by: Approved by: Attachment #1 FINDINGS FOR APPROVAL OF FILE NO. PLN2007-99 SITE ADDRESS: APPLICANT: P.C. MEETING: 216 Cristich Lane David Ferguson, on behalf of Images Auto Body October 9,20067 Findings for approval of a Conditional Use Permit to allow the addition of a svray booth to an existing legal non-conforming motor vehicle repair use on property located at 216 Cristich Lane. The Planning Commission finds as follows with regard to file number PLN2007-99: 1. The proposed motor vehicle repair facility is consistent with the Central Commercial General Plan land use designation. 2. The proposed motor vehicle repair facility will be compatible with the M-l (Light Industrial) zoning designation with approval of a Conditional Use Permit. 3. The project site is developed with existing one and two story industrial and office buildings. 4. The project site is located on the east side of Cristich Lane. The property is surrounded by industrial/commercial uses to the North, South, East and West. 5. The proposed project is consistent with other developments and uses in the surrounding area. 6. The hours of operation shall be restricted to 7:00 a.m. to 7:00 p.m., Monday through Saturday, and 10:00 a.m. to 7:00 p.m., Sundays and national holidays. 7. The project qualifies as a Categorically Exempt project per Section 15301, Class 1 (Existing Facilities) ofthe 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. 2. 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 Municipal Code. 3. The proposed site is adequate in terms of size and shape to accommodate the fences and parking required in order to integrate the use with uses in the surrounding area. 4. The proposed site is adequately served by streets with 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. Attachment # 1 Page 2 of2 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 establishment of a motor vehicle repair facility, as conditioned, will not create a nuisance due to litter, noise, traffic, vandalism, or other factors. 8. The establishment of a motor vehicle repair facility, as conditioned, will not significantly disturb the peace and enjoyment of the nearby residential neighborhood. 9. The establishment of a motor vehicle repair facility will not significantly increase the demand on City services. 10. No substantial evidence has been presented which shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. 11. 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. PLN2007-99 SITE ADDRESS: APPLICANT: P.C. MEETING: 216 Cristich Lane David Ferguson, on behalf of Images Auto Body October 9,2007 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 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 Planning Division 1. Approved Proiect: Approval is granted for a Conditional Use Permit (PLN2007-99) to allow the expansion of an existing non-conforming motor vehicle repair facility and the addition of a enclosed spray booth located at 216 Cristich Lane. The project shall substantially conform to the Project Plans received by the Planning Division on August 23, 2007, and in compliance with the Written Statement project description received on June 27, 2007, except as may be modified by the Conditions of Approval herein. * * Planning sign off is required to prior to Building Permit final. Construction not in substantial compliance with the approved project plans shall not be approved without prior authorization of the necessary approving body. 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 the use must be established on the property and the conditions of approval satisfied. Failure to meet this deadline will result in the Conditional Use Permit being void. 3. Declaration of Acceptance of All Conditions: Within thirty (30) days of Planning Commission approval, the applicant and property owner shall sign the final, approved set of Conditions of Approval. Until said Conditions are signed, the proposed Use Permit shall not be valid for any permits sought from the City. 4. 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. Attachment #2 Page 2 of6 5. Business Ooerational Hours: The hours of operation shall be restricted to 7:00 a.m. to 7:00 p.m., Monday through Saturday, and 10:00 a.m. to 7:00 p.m., Sundays and national holidays. The closing time shall mean the business is closed and all employees have exited the building. 6. Property Maintenance: The owner/operator of the subject property shall maintain all exterior areas of the business free from graffiti, trash, rubbish, posters and stickers placed on the property. 7. Signage: No signage is approved as part of the development application approved herein. All signage shall be installed and maintained consistent with the provision of the Sign Ordinance, Chapter 21.30 of the Campbell Municipal Code. 8. Illegal Structures: All non-permitted structures, including the cargo storage containers, detached accessory structure used for boat storage, and the RV carport shall be removed completely from the property. 9. Landscape Plan: The applicant shall submit four (4) sets of a final landscape and irrigation plan to the Planning Division, prior to the issuance of building permits, for review and approval by the Community Development Director. The landscape and irrigation plan shall comply with the City Landscape Ordinance by providing landscaping on at least 8% of the project site and substantially conform with the approved conceptual landscape plan and the City's Water Efficient Landscaping Standards (WELS). Landscaping shall be designed to minimize irrigation and runoff, promote surface infiltration where appropriate, and minimize the use of fertilizers and pesticides that can contribute to storm water pollution. 10. Motor Vehicle Repair Facilities: The applicant shall comply with the entire operational requirements of the Campbell Zoning Ordinance Section 21.36.140, Motor Vehicle Facilities. 11. Inoperable Vehicles: The storage of inoperable outside of a fully enclosed and legally permitted structure is prohibited. Remove any and all inoperable vehicle on site. 12. Recreational Vehicles: The storage of recreational vehicles on site is prohibited. Remove any and all recreational vehicles from the property. 13. Outdoor Storage: No outdoor storage is allowed pursuant to the Conditional Use Permit. 14. Fencing: A six foot high masonry wall shall be constructed along the side and rear property lines designated as the fenced yard on the site plan. The six foot high masonry wall is an operational requirement for Motor Vehicle Repair facilities as required by Section 21.36.140 of the Zoning Code. 15. Noise: a. Noise Standard: Any noises, sounds and/or voices, including but not limited to amplified sounds, loud speakers, sounds from audio sound systems, bells, revving of engines, tools, and/or music generated by the subject use shall not be audible to a person of normal hearing capacity from any residential property. The use of a public address system is not allowed for this project. Attachment #2 Page 3 of6 b. Noise Management: In the event complaints are received by the City regarding noise, the Community Development Director may immediately modify the hours of operation and/or limit the extended hours of operation, subject to the project being brought back to the Planning Commission for review. c. Front and Side Doors: All doors, including service bay doors, shall not remain in an open position during business hours. 16. Trash & Clean Up: All trash, normal clean up, carpet cleaning, etc. shall not be done in the late evening or early morning hours. All clean up shall be done between 6:00 a.m. and 11 :00 p.m. daily. 17. Parking and Driveways: All parking and driveway areas shall be maintained in compliance with the standards in Chapter 21.28 (Parking & Loading) of the Campbell Municipal Code. Building Department 18. Permits Reauired: A building permit application shall be required for the proposed tenant improvements to the existing commercial structure. The building permit shall include ElectricalJPlumbing/Mechanical fees when such work is part of the permit. 19. Construction Plans: The conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 20. Size of Plans: the minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. 21. 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. 22. 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. 23. 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. 24. 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 U.B.C Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Diyision Counter. Attachment #2 Page 4 of6 25. Non-Point Source Provisions: 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. 26. Title 24 Accessibilitv - 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. 27. 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. 28. Approvals Required: The project requires the following agency approval prior to issuance of the building permit. a. Santa Clara County Fire Department 29. 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. PUBLIC WORKS DEPARTMENT 30. Legal Lot: The applicant shall provide documentation to ascertain that the property has been legally created. 31. Storm Drain Area Fee: Prior to issuance of the conditional use permit for the facility, the applicant shall pay the required Storm Drain Area fee, currently set at $2,650 per net acre, which is $2,438.00 32. Deferred Street Improvement Agreement: Prior to issuance of a building permit for the accessory structure/spray booth, the owner shall execute a deferred and notarized street improvement agreement for construction of standard street improvements, as required by the City Engineer. The future plans for the deferred street improvement may include the following: a. Show location of all existing utilities within the 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 existing street section to centerline. d. Installation of engineered structural pavement section to centerline, as required by the City Engineer. e. Installation of City standard curb, gutter, sidewalk and ADA compliant driveway approaches. f. Installation of street trees at 30 feet on center. Attachment #2 Page 5 of6 g. Installation of streetlights, conduits, conductors and related facilities in accordance with the City of Campbell's Street Lighting Policies. h. Installation of traffic control, signage, and markings. 1. Construction of conforms to existing public and private improvements, as necessary. 33. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer cleanout( s) shall be relocated or installed on private property behind the future public right-of-way line. 34. Utilities: All 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. 35. Utility Coordination Plan: Prior to issuance of an encroachment permit for the required street improvements, the applicant shall submit a utility coordination plan and schedule for approval by the City Engineer for installation and/or abandonment of all utilities as necessary. The plan shall clearly show the location and size of all existing utilities and the associated main lines; indicate which utilities and services are to remain; which utilities and services are to be abandoned, and where new utilities and services will be installed. Joint trenches for new utilities shall be used whenever possible. 36. 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. Public Streets that have been reconstructed or overlaid within the previous five years will require boring and jacking for all new utility installations. Cristich Lane is currently a private street. 37. Utility Encroachment Permit: Separate permits for the installation of utilities to serve the development will be required (including water, sewer, gas, electric, etc.). Applicant shall apply for and pay all necessary fees for utility permits for sanitary sewer, gas, water, electric and all other utility work. 38. Additional Street Improvements: Should it be discovered after the approval process that new utility main lines, extra utility work or other work is required to service the development, and should those facilities or other work affect any public improvements, the City may add conditions to the development/project/permit, at the discretion of the City Engineer, to restore pavement or other public improvements to the satisfaction of the City. 39. Stormwater Pollution Prevention Measures: Prior to issuance of the conditional use permit, the applicant shall provide a certified and stamped statement from the design engineer that the facility complies 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. Specifically the project must include source control, site design and treatment measures Attachment #2 Page 6 of6 to achieve compliance with Provision C.3. of the NPDES Permit. Measures may include, but are not limited to, minimization of impervious surface area, vegetated swales, infiltration areas, and treatment devices. 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 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. 40. Bav Area Air Oualitv Control Management District Permit: Prior to issuance of a building permit, the applicant shall pay the necessary fees to obtain the necessary permits from the Bay Area Air Quality Management District for operation of the facility and submit the said permits to the City. FIRE DEPARTMENT 41. Fire Deoartment (Engine) Turn-around: Provide marking for the designated turn around within the project. Markings shall be per Fire Department specifications. Installations shall also conform to Local Government Standards and Fire Department Standard Details and Specifications A-6. Acknowledged & Accepted: David Ferguson, on behalf of Images Auto Body Earl C. Tanner, Jr and Tammey N. Trustee, Property Owner CITY of CAMPBELL Community Development Department January 4, 2007 Mr. David Ferguson 951 Foothill Drive San Jose, CA 95123 Re: Preliminary Application Comments File No: PRE2006-43 216 Cristich Lane Dear Mr. Ferguson: Thank you for your submittal~i' a preliminar~~pplicarion to-deterinine the-requirements to-legalize a detached accessory structure/spray paint booth located on the subject property. The subject property is presently zoned M-1 (Light Industrial) and is designated as Light Industrial on the City's General Plan Land Use Map. Your application was distributed to the Building Division, Fire Department, Planning Division, and Public Works Department. In addition to the Planning Division's comments contained in this letter, please find enclosed comments from the Building Division, Public Works Division and the Fire Department. The City of Campbell has been notified by the Fire Department that the non-permitted existing spray booth/accessory structure is in violation of State Fire Code. You must remove or relocate the structure immediately to comply with State Law. In addition, within the M-1 (Light Industrial) Zoning District, the construction of an accessory structure/spray booth requires the approval of a Conditional Use Permit and also must comply with all of the requirements of the City of Campbell Zoning Code Section 21.36.020. The accessory structure/spray booth is in violation of the required ten foot separation between structures. The spray booth is located within two feet of the existing one-story repair shop to the northwest. You will be required to remove the structure from its current location. It appears that property as it is currently developed does not allow for the installation of the proposed spray booth. Therefore the City is not supportive of your proposal to legalize the accessory structure/spray booth. Please do not hesitate to contact me at (408) 866-2142 or by email at stevepsa~cityofcampbell.com to schedule a meeting to discuss these comments. Sincerely, ~~~j Steve Prosser Planner I encl: Public Works Department Comments 12/20/2006/06 Fire Department Comments; 12/21/2006 cc: Jackie C. Young Lind, AICP, Senior Planner Ed Arango, Associate Engineer Earl Tanner Jr, P.O. Box 496 Oakley, CA 94561, Property Owner 70 North First Street Campbell, California 95008-1436 TEL 408.866.2140 FAx 408.871.5140 TDD 408.866.2790 December 12,2006 To :City of Campbell Planning Dept. From :David Ferguson-Images Auto Body RE: Permit for 216 Cristich Lane To Whom it may concern, I bought this spray booth used from Swanson Ford at their going out of business sale. I had a cement slab poured and have set the booth up and have put a protective roof ,walls and door around the booth. I am now trying to obtain all required permits and licenses from the City of Campbell. Sincerely, ~lJ David Ferguson Images Auto Body 216 Cristich Lane Campbell,Ca 95008 408-371-1493 ~~ ~~.