Mod to Use Permit - 2008MEMORANDUM
To: Tim Haley, Senior Planner
From: ~nne Bybee, City Clerk
CITY OF CAMPBELL
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f `~ City Clerk's Office
•~RCH ARO•
Date: July 18, 2008
Subject: Modification to Previously Approved Development Permit (UP84-19)
238-246 Railway Avenue
At its regular meeting of July 15, 2008, the City Council adopted Resolution 10941
approving the application of Joe Salvador, on behalf of Railway Distributing, Inc., for a
Modification to a previously approved Development Permit (UP84-19) to allow the
continued used of the property as a commercial construction supply storage yard and
parking lot on property located at 238-246 Railway Avenue in a PD (Planned
Development) Zoning District), incorporating Findings, and subject to Conditions of
Approval.
A certified copy Resolution No. 10941 is attached, in addition to a copy of a letter
notifying the applicant of the City Council's action.
RESOLUTION NO. 10941
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL GRANTING A MODIFICATION (PLN2008-71) TO A
PREVIOUSLY APPROVED DEVELOPMENT PERMIT TO ALLOW THE
CONTINUED USE OF THE PROPERTY AS A COMMERCIAL
CONSTRUCTION SUPPLY STORAGE YARD AND PARKING LOT ON
PROPERTY OWNED BY MR. JOE SALVADOR LOCATED AT 238-246
RAILWAY AVENUE IN A P-D (PLANNED DEVELOPMENT) ZONING
DISTRICT. APPLICATION MR. JOE SALVADOR. FILE NO.:
PLN2008-71.
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 City Council did find as follows with
respect to application PLN2008-71.
1. The continued use of the property as a commercial construction supply storage yard
and parking lot is consistent with the General Plan land use designation of Medium to
High Density Residential/Commercial.
2. The proposed project is consistent with the P-D (Planned Development) Zoning District
upon approval of a Modification to Planned Development Permit.
3. The continued use of the property as a commercial construction supply storage yard
and parking lot is consistent with the SOCA Area Plan.
4. No immediate development activity is proposed for this section of Railway Avenue.
5. The project provides five standard parking spaces and one handicapped parking
space.
6. Approval of the Modification to Planned Development Permit will not impede the
potential for future redevelopment of the area.
7. The project qualifies as a Categorically Exempt project per Section 15301, Class 1
(Existing Facilities) of the California Environmental Quality Act (CEQA).
Based on the foregoing findings of fact, the City Council further finds and concludes that:
1. The proposed use is compatible with the General Plan of the City and will aid in the
harmonious development of the immediate area.
2. The proposed use is consistent with the City's Zoning Ordinance.
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City Council Resolution
PLN2008-71 - 238-246 Railway Avenue -Modification to a Development Permit
Page 2
3. The proposed use will not be detrimental to the health, safety, or welfare of the
neighborhood or the City as a whole.
4. 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.
5. 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 City Council grants a Modification (PLN2008-
71) to a previously approved Development Permit to allow the continued use of the
property as a commercial construction supply storage yard and parking lot on property
owned by Mr. Joe Salvador located at 238-246 Railway Avenue in a P-D (Planned
Development) 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.
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division
1. Project Approval: Approval is granted for a Modification to a Planned Development
Permit (PLN2008-71) to a previously approved Conditional Use Permit (UP 84-19) to
allow the continued use of the property as a commercial construction supply storage
yard and parking lot at 238-246 Railway Avenue. The project shall substantially
conform to the project exhibits listed below; except as may be modified by the
Conditions of Approval contained herein:
a. Project plans prepared by Bruno Marcelic Architect, A.I.A and received by the
Planning Division on April 22, 2008.
2. Previous Conditions of Approval: The Conditions of Approval contained herein shall
serve as the Conditions of Approval. The previous Conditions of Approval that have
been satisfied or are no longer applicable to the current project have been removed.
3. Parking Area Use: The parking area as delineated on the plans shall not be used for
storage of materials or supplies.
City Council Resolution
PLN2008-71 - 238-246 Railway Avenue -Modification to a Development Permit
Page 3
4. Parking and Driveways: All parking and driveway areas shall be maintained in
compliance with the standards in Chapter 21.50 of the Campbell Municipal Code.
5. Hours of Operation: The operational hours shall be limited to 6:30 a.m. to 7 p.m. daily,
unless a Conditional Use Permit is obtained from the Planning Commission for late
night operations.
6. Modification and/or Revocation of Permit: In the event complaints are received by the
City regarding business operations in violation of these conditions or any standards,
codes, or ordinances of the City of Campbell, the Community Development Director
may immediately modify the hours- of operation and/or delivery hours, subject to the
project being brought back to the Planning Commission for review.
7. Signs: No signage is permitted as part of the development application approved herein.
New signage shall not be installed prior to approval of a sign permit as required by
Chapter 21.53 of the Campbell Municipal Code.
8. On-Site Lighting: Any proposed on-site lighting shall be shielded away from adjacent
properties and directed on site. The design and type of lighting fixtures and lighting
intensity of any exterior lighting shall be reviewed and approved by the Community
Development Director, prior to issuance of a building permit. Lighting fixtures shall be
of a decorative design to be compatible with the development and shall incorporate
energy saving features.
9. Prohibition of Staging Materials and/or Off-Loading Trucks in the Public Right-of-Way:
No staging of materials and/or off-loading of trucks shall occur in the public right-of-
way.
PASSED AND ADOPTED this 15th day of July 2008, by the following roll
call vote:
AYES: COUNCILMEMBERS: Furtado, xennedy, Low, xernandez, Burr
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
APPROVF~
Donald R. Burr, Mayor
ATTEST: ~ ~ f~~`-
Anne Bybee, City Clerk
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CITY of CAMPBELL
City Clerk's Office
July 18, 2008
Joe Salvador
Railway Distributing, Inc.
264 Railway Avenue
Campbell, CA 95008
Dear Mr. Salvador:
At its regular meeting of July 15, 2008, the Campbell City Council held a public hearing
to consider your application, on behalf of Railway Distributing, Inc. to allow a
Modification to a previously approved Development Permit (UP 84-19) to allow the
continued use of the property as a commercial construction supply storage yard and
parking lot on property located at 238-246 Railway Avenue in a PD (Planned
Development) Zoning District.
After due consideration, the City Council took the following action: adopted Resolution
10941, incorporating Findings, approving a Modification to a Development Permit
(PLN2008-71) to allow the continued use of the property as a commercial construction
supply storage yard and parking lot, subject to Conditions of Approval. A certified copy
of Resolution No. 10941 is enclosed.
Please be advised 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 of law) sets forth a more specific time period.
Please do not hesitate to contact this office (866-2117) or Tim Haley, Community
Development Department (866-2140), should you have any questions regarding the
City Council's action.
Si rely,
Anne Bybee
City Clerk
enc.
cc: Tim Haley, Community Development Department
70 North First Street Campbell, California 95008-1436 TES 408.866.21 17 ~ Fnx 408.374.6889 Too 408.866.2790
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City
Council
Report
Item:
Category:
Date:
14
Public Hearing
July 15, 2008
TITLE Public Hearing to consider the application of Mr. Joe Salvador, on behalf of
Railway Distributing, Inc., to allow a Modification (PLN2008-71) to a
previously approved Development Permit (UP 84-19) to allow the continued
use of the property as a commercial construction supply storage yard and
parking lot on property owned by Mr. Joe Salvador at 238-246 Railway
Avenue in a P-D (Planned Development) Zoning District
RECOMMENDATION
The Planning Commission recommends that the City Council take the following action:
1. Adopt a Resolution, incorporating the attached findings, recommending that the
City Council approve a Modification to a Development Permit (PLN2008-71) to allow
the continued use of the property as a commercial construction supply storage yard
and parking lot, subject to the attached Conditions of Approval.
Environmental Determination:
Find that this project is Categorical)
California Environmental Quality Act
existing facility.
BACKGROUND
y Exempt under Section 15301, Class 1 of the
(CEQA), pertaining to the continued use of an
Applicant's proposal: The applicant is requesting a permanent extension to a previously
approved Conditional Use Permit that allows the continued use of the property for a
building supply storage area and parking area at 238-246 Railway Avenue, in
conjunction with adjacent parcels.
Chronology
1984 The applicant converted the vacant subject property into a parking
area and supply storage yard without obtaining City approval. Staff
notified him of the violation and a Conditional Use Permit
application was submitted.
1985 Planning Commission and City Council approved the Conditional
Use Permit for a period of three years.
City Council Report
PLN2008-71 ~ 238 & 246 Railway Avenue
July 15 2008 Page 2 of 4
1986 Planning Commission and City Council approved a reinstatement of
the Conditional Use Permit for a period of two years since the
applicant failed to satisfy the Conditions of Approval within the
required 90-day period and the approval became void.
1988 Planning Commission and City Council approved an Extension of
the Conditional Use Permit for a period of three years.
1991 Planning Commission and City Council approved an Extension of
the Conditional Use Permit for a period of three years.
1994 Planning Commission and City Council approved an Extension of
the Conditional Use Permit for a period of three years.
1997 Planning Commission and City Council approved an Extension of
the Conditional Use Permit for a period of five years.
2002 Planning Commission and City Council approved an Extension of
the Conditional Use Permit for a period of seven years.
The original Conditional Use Permit approval included the establishment of a supply
storage yard on the rear portion of the property and six parking spaces on the front
portion of the property. New landscape planters were required along the western
property line and a small portion of the southern property line.
The property is located within the Redevelopment Project Area and the applicant has
been willing in the past to abandon the use on the property upon six months notice from
the Redevelopment Agency should redevelopment activity be undertaken in the area
that includes this parcel. The applicant is requesting that this condition be eliminated in
that he has operated for the past 23 years without a request from the Redevelopment
Agency to purse redevelopment of this parcel.
Planning Commission Action: The Planning Commission, at its meeting of June 24,
2008, considered the applicant's request and adopted Resolution No. 3899 with a vote
of 5-0-2, recommending that the City Council approve the requested extension of
approval (reference Attachment 2, Planning Commission Meeting Minutes &
Resolution). The Planning Commission added two conditions of approval to address
concerns that were raised regarding the loading and unloading of trucks in the public
right-of-way and the operational hours of the use.
Public Testimony: The property owner/applicant spoke in support of the request to
eliminate the limited term approval of the use (reference Attachment No. 2, Planning
Commission Minutes).
City Council Report
PLN2008-71 - 238 & 246 Railway Avenue
July 15 2008 Paae 3 of 4
DISCUSSION
General Plan Designation: The General Plan land use designation for the project site is
Medium to High Density Residential/Commercial. The use of the property as a
commercial construction supply storage yard and parking lot is consistent with this
designation. Therefore, the proposed project is consistent with the South of Campbell
Avenue (SOCA) Area: The subject property is located within Sub-Area 3 of the SOCA
area and is subject to the SOCA Area Plan. The SOCA Area Plan allows commercial,
residential, and mixed use developments within this area. Therefore, the use of the
property as a commercial construction supply storage yard and parking lot is consistent
with the SOCA Area Plan.
Zoning Designation: The zoning designation for the project site is P-D (Planned
Development). The proposed project is consistent with this zoning designation upon
approval of a Conditional Use Permit Extension.
Site Layout: The project site is 8,075 square feet and is used by the applicant as
parking and supply storage for the adjacent commercial business (Railway Distributing
Inc.) The rear portion of the site, approximately 3,850 square feet, is used as supply
storage and the remaining front portion of the site is dedicated to parking and loading.
The applicant is also the property owner of 3 adjacent properties along Railway Avenue
to the north and south of this parcel. These adjacent parcels include storage buildings,
yard areas and the sales office for his building material supply business.
Use: The applicant is requesting a permanent Extension to the prior Conditional Use
Permit instead of the previously approved seven-year period. No redevelopment
proposals have been received that incorporated this property as a part of a
development project since the original consideration in 1985 and no Redevelopment
Agency projects are anticipated at this time.
Redevelopment Agency Review: The site is located within the Redevelopment Project
Area. The Redevelopment Agency has reviewed the application and has no objections
to the request.
FISCAL IMPACTS
None.
City Council Report
PLN2008-71 ~ 238 & 246 Railway Avenue
July 15. 2008 Page 4 of 4
ALTERNATIVES
1. Approve the proposed project, with revised Conditions of Approval deleting the
requirement for abulb-out west of the project driveway.
2. Continue for further review.
3. Deny the project.
Prepared by: ``~--
Tim Haley, Senor Planner
Reviewed by:
J kie C. ng Li , Ac ing Community Development Director
Approved by:
Daniel Rich, City Manager
Attachments:
1. Draft City Council Resolution ;,
2. Planning Commission Resolution & Meeting Minutes (,tune 24, 2008)
3. Planning Commission Staff Report
4. Letter of request from Joe Salvador, dated April 20, 2008
5. Project Plans, dated April 29, 2008
6. Location Map
RESOLUTION NO. 3899
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL RECOMMENDING THAT THE CITY COUNCIL
APPROVE A MODIFICATION (PLN2008-71) TO A PREVIOUSLY
APPROVED DEVELOPMENT PERMIT TO ALLOW THE CONTINUED
USE OF THE PROPERTY AS A COMMERCIAL CONSTRUCTION
SUPPLY STORAGE YARD AND PARKING LOT ON PROPERTY
OWNED BY MR. JOE SALVADOR LOCATED AT 238-246 RAILWAY
AVENUE IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT.
APPLICATION MR. JOE SALVADOR. FILE NO.: PLN2008-71.
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 PLN2008-71.
1. The continued use of the property as a commercial construction supply storage yard
and parking lot is consistent with the General Plan land use designation of Medium to
High Density Residential/Commercial.
2. The proposed project is consistent with the P-D (Planned Development) Zoning District
upon approval of a Modification to Planned Development Permit.
3. The continued use of the property as a commercial construction supply storage yard
and parking lot is consistent with the SOCA Area Plan.
4. No immediate development activity is proposed for this section of Railway Avenue.
5. The project provides five standard parking spaces and one handicapped parking
space.
6. Approval of the Modification to Planned Development Permit will not impede the
potential for future redevelopment of the area.
7. The project qualifies as a Categorically Exempt project per Section 15301, Class 1
(Existing Facilities) of the California Environmental Quality Act (CEQA).
Based on the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. The proposed use is compatible with the General Plan of the City and will aid in the
harmonious development of the immediate area.
2. The proposed use is consistent with the City's Zoning Ordinance.
Planning Commission Resolution No. 3899
PLN2008-71 - 238-246 Railway Avenue -Modification to a Development Permit
Page 2
3. The proposed use will not be detrimental to the health, safety, or welfare of the
neighborhood or the City as a whole.
4. 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.
5. 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 recommends that the
City Council approve a Modification (PLN2008-71) to a previously approved Development
Permit to allow the continued use of the property as a commercial construction supply
storage yard and parking lot on property owned by Mr. Joe Salvador located at 238-246
Railway Avenue in a P-D (Planned Development 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.
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division
1. Project Approval: Approval is granted for a Modification to a Planned Development
Permit (PLN2008-71) to a previously approved Conditional Use Permit (UP 84-19) to
allow the continued use of the property as a commercial construction supply storage
yard and parking lot at 238-246 Railway Avenue. The project shall substantially
conform to the project exhibits listed below; except as may be modified by the
Conditions of Approval contained herein:
a. Project plans prepared by Bruno Marcelic Architect, A.I.A and received by the
Planning Division on April 22, 2008.
2. Previous Conditions of Approval: The Conditions of Approval contained herein shall
serve as the Conditions of Approval. The previous Conditions of Approval that have
been satisfied or are no longer applicable to the current project have been removed.
3. Parking Area Use: The parking area as delineated on the plans shall not be used for
storage of materials or supplies.
Planning Commission Resolution No. 3899
PLN2008-71 - 238-246 Railway Avenue -Modification to a Development Permit
Page 3
4. Parking and Driveways: All parking and driveway areas shall be maintained in
compliance with the standards in Chapter 21.50 of the Campbell Municipal Code.
5. Hours of Operation: The operational hours shall be limited to 6:30 a.m. to 7 p.m. daily,
unless a Conditional Use Permit is obtained from the Planning Commission for late
night operations.
6. Modification and/or Revocation of Permit: In the event complaints are received by the
City regarding business operations in violation of these conditions or any standards,
codes, or ordinances of the City of Campbell, the Community Development Director
may immediately modify the hours of operation and/or delivery hours, subject to the
project being brought back to the Planning Commission for review.
7. Signs: No signage is permitted as part of the development application approved herein.
New signage shall not be installed prior to approval of a sign permit as required by
Chapter 21.53 of the Campbell Municipal Code.
8. On-Site Lighting: Any proposed on-site lighting shall be shielded away from adjacent
properties and directed on site. The design and type of lighting fixtures and lighting
intensity of any exterior lighting shall be reviewed and approved by the Community
Development Director, prior to issuance of a building permit. Lighting fixtures shall be
of a decorative design to be compatible with the development and shall incorporate
energy saving features.
9. Prohibition of Staqinq Materials and/or Off-Loading Trucks in the Public Right-of-Way:
No staging of materials and/or off-loading of trucks shall occur in the public right-of-
way.
PASSED AND ADOPTED this 24t" day of June, by the following roll call vote:
AYES: Commissioners: Doorley, Gairaud, Gibbons, Rocha and Roseberry
NOES: Commissioners: None
ABSENT: Commissioners: Alderete and Ebner
ABSTAIN: Commissioners: None
APPROVED:
Bob Roseberry, Chair
ATTEST:
Jackie C. Young Lind, Acting Secretary
Campbell Planning Commission Minutes for June 24, 2008 Page 2
AGENDA MODIFICATIONS OR POSTPONEMENTS
There were no agenda modifications or postponements.
ORAL REQUESTS
There were no oral requests.
PUBLIC HEARINGS
Chair Roseberry read Agenda Item No. 1 into the record as follows:
1. PLN2008-71 Public Hearing to consider the application of Mr. Joe
Salvador, J: Salvador, on behalf of Railway Distributing, Inc., for an
Extension (PLN2008-71) to a previously approved
Conditional Use Permit (PLN2002-02) to allow the
continued use of the property as a commercial
construction supply storage yard and parking lot on
property owned by Mr. Joe Salvador located at 238-246
Railway Avenue in a P-D (Planned Development) Zoning
District. Staff is recommending that this project be
deemed Categorically Exempt under CEQA. Tentative City
Council Meeting Date: July 15, 2008. Staff Planner: Tim
J. Haley, Senior Planner
Mr. Tim J. Haley, Assistant Planner, presented the staff report as follows:
• Advised that the applicant is seeking to extend a previous approval for two parcels
on Railway Avenue that are improved with paved parking and landscape areas.
• Said applicant also owns the properties to the north and south of these two
properties and operates the construction supply business using all four properties.
• Reported that the original approval was granted in 1985 and extensions have been
approved. The last extension was in 2002 and was for 7 years, which expires in
2009.
• Informed that the applicant is now seeking an approval that does not include a term
limit on the use. The applicant also wants to be relieved of the condition that
requires him to vacate the property within six months if the property is proposed for
redevelopment.
• Said that the City Attorney has advised staff that the more appropriate action is a
modification to a Planned Development.
• Stated that staff is recommending that the Planning Commission adopt a resolution
recommending that Council approve a modification to a previously-approved
development permit to allow the continued use of the two parcels subject to the
imposed conditions of approval.
• Added that this request was reviewed by Redevelopment Agency staff. They have
no issues with a permanent approval of this on-going use.
Commissioner Rocha sought verification that the request includes no time limit.
Campbell Planning Commission Minutes for June 24, 2008 Page 3
Planner Tim J. Haley replied correct.
Commissioner Gibbons:
• Said that this is not a Conditional Use permit as that is no longer the applicable
term.
• Added that it is a modification to a development permit, which is a retroactive
correction to something that happened years ago.
Planner Tim J. Haley said that there are provisions to modify at the Director, Planning
Commission or City Council level. This item is before the Commission as a
modification at this time.
Commissioner Gibbons clarified that the primary issues are 1) compatibility of use; 2)
term of use; and the condition requiring six-month vacancy if requested by the City to
allow redevelopment. She asked the City Attorney if these areas are still within the
purview of this Planning Commission.
City Attorney William Seligmann replied yes.
Chair Roseberry opened the Public Hearing for Agenda Item No. 1.
Chair Roseberry closed the Public Hearing for Agenda Item No. 1.
Commissioner Doorley:
• Reported that he remembers a prior review that occurred about six or seven years
ago. There were site improvement issues, etc.
• Asked staff to explain what has changed in nature or prospective use.
• Reminded that the goal was the City wanted to be able to encourage further
development of the site. Now that concept is being taken off the table with the
proposed elimination of the six-month abandonment condition.
Planner Tim J. Haley:
• Said that the applicant can better address this issue.
• Stated that these two parcels are just a portion of the site that serves as a building
supply company.
• Added that there is a minimal amount of on-site improvements on these two
specific lots.
• Said that staff feels that it is unlikely that just these two sites would be redeveloped.
It is more likely that all four sites held by this owner might be some day
redeveloped.
• Informed that the owner is considering a new partner in his company. The six-
month abandonment threshold for a portion of the business location is not a
desirable condition for the continued use of this business at this location.
Acting Director Jackie C. Young Lind:
• Advised that she had spoken with Kirk Heinrichs, Redevelopment Manager.
Campbell Planning Commission Minutes for June 24, 2008 Page 4
• Said that he explained to her that when this use originally came in, the SOCA plan
was being developed that anticipated the redevelopment of this area.
• Added that a steady pace of redevelopment has not occurred in this area.
• Said that Kirk Heinrichs feels the process for redevelopment would be the same
with or without this condition being imposed.
Commissioner Doorley asked if there is a similar provision in place with other
properties in the area.
Chair Roseberry re-opened the Public Hearing for Agenda Item No. 1.
Mr. Kirk Heinrichs, Redevelopment Manager:
• Said that the SOCA plan was created in 1983.
• Added that at the time, the concept of a master development site was considered.
The condition was imposed to put the property owner on notice.
• Pointed out that this is 27 years later and it remains unlikely that the
Redevelopment Agency would be able to come up with the resources to redevelop
this area.
• Said that it is not fair to keep this applicant on alimited-time use permit.
• Assured that if a master development site is created in the future, the process
would not change with or without this condition. There is no benefit to continuing to
limit this use permit. Rather, it is a little unfair.
• Informed that he is not aware of other sites with the same provision.
Commissioner Gibbons clarified that the parcels under consideration are only for
storage and not the parcel with buildings on it.
RDA Manager Kirk Heinrichs pointed out that the four parcels function as one property.
Planner Tim J. Haley said that the parcels in question tonight are just the two paved
parcels.
Commissioner Gibbons advised that she was involved in the development of the
NOCA/SOCA policies. They were developed with the idea that the area would change
over time. She said she is trying to understand why the timed applications should not
be continued.
RDA Manager Kirk Heinrichs said that there is no redevelopment proposed. There is
no active plan to go out and initiate a project. He added that he is not sure how fair
this is to the applicant as it creates ownership/financial issues.
Chair Roseberry stated that it appears staff does not see the benefit to the City to
maintain this condition.
RDA Manager Kirk Heinrichs agreed.
Campbell Planning Commission Minutes for June 24, 2008 Page 5
Chair Roseberry asked if this use that is currently non-conforming was non-conforming
when it opened. Was it in 1984?
RDA Manager Kirk Heinrichs said that it was conforming at the time of establishment.
The zoning changed.
Chair Roseberry said that with the zoning change this use then became non-
conforming.
Commissioner Gibbons asked about the issuance of a Use Permit.
Planner Tim J. Haley said that Use Permits used to be required but a Use Permit is no
longer required under the current PD Zoning.
RDA Manager Kirk Heinrichs said that the construction supply business was simply
permitted by right under the original zoning.
Planner Tim J. Haley said that this business was established in the 1950's. The owner
has added to the size of the business as well as purchasing additional properties.
Mr. Joe Salvador, Applicant and Property Owner, Railway Distributing:
• Said he is available for any questions.
Commissioner Rocha pointed out that a letter was provided by Commissioner Alderete
regarding staging that occurs in the roadway and the fact that the road is blocked for
long periods of time when materials are off-loaded in the early morning.
Mr. Joe Salvador:
• Explained that his grandfather started the business in 1956 on the parcel to the
right of these two parcels.
• Added that he took over the business and purchased the property across the street.
• Reported that in June 1985, he applied for a Use Permit and agreed to a three-year
term and a condition to vacate within six months if asked to do so.
• Advised that he told the Council at that time, "If you don't want me, I'm gone."
• Said that he went on to open other locations and has $30 million in annual sales
from this Campbell location.
• Said that if he is not able to continue the use on these two 4,000 square foot
parcels he would have to consider his options.
• Assured that the trucks and forklifts are not in the street.
• Stated that the reason he bought the lot is to unload on that lot. His forklifts are not
allowed on the street.
• Pointed out that other nearby industrial type uses do not have a Conditional Use
Permit. Only one parcel, his, is on a CUP.
• Suggested that it would be highly unlikely that any developer would buy 8,000
square feet of land situated in between one acre of property owned by another
single owner.
Campbell Planning Commission Minutes for June 24, 2008 Page 6
• Requested approval and stated that he is happy here.
• Mentioned that he was born in Campbell.
• Said that if his request were to be denied, it would be time to consider other
opportunities available for his business.
• Stated his belief that they are an asset to this community and assured that he plans
to remain as long as he is welcome.
Commissioner Rocha questioned whether no forklift traffic is accurate.
Mr. Joe Salvador concede that he owns the parcel across the street so the fork lift
would travel from one parcel on one side of the street to his parcel on the other side.
Commissioner Rocha asked Mr. Joe Salvador if he could support a condition of
approval that states that staging is not allowed on the public street.
Mr. Joe Salvador said he had no problem with that condition.
Commissioner Rocha recounted that he lives on Sunnyside and has seen off-loading
on the street in the early morning (7a.m.).
Mr. Joe Salvador said that semi trucks park until they area able to back onto the lot for
unloading.
Commissioner Rocha said that he has seen 40-foot trucks unloading sheetrock while
parked on the street.
Commissioner Gibbons stressed the importance of being a "good neighbor."
Mr. Joe Salvador:
• Said that being a good neighbor is his goal. He said he wants to fit in.
• Assured that no staging should occur on the street.
• Added that he could support a limit on the hours when the forklifts can cross the
street.
• Reiterated that he is trying to decide if he is welcome in Campbell or needs to look
elsewhere.
• Reminded that this property is not large enough to do much.
• Reported that he has tried to buy out neighbors but they are not interested in
selling.
• Advised that he has been a part of Campbell since Sunsweet was canning prunes
here.
Commissioner Rocha asked if the conditioned hours need to be to 11 p.m.
Mr. Joe Salvador replied no. He said that his 13 employees work from 6:30 a.m. to 5
p.m. weekdays. They are closed on weekends.
Campbell Planning Commission Minutes for June 24, 2008 Page 7
Chair Roseberry re-closed the Public Hearing for Agenda Item No. 1.
Commissioner Gibbons:
• Said that having this one parcel, with the six-month abandonment constraints being
imposed on it, is not viable for the owner or the City.
• Said she is open to discussion about time limits but feels the hours could be
conditioned.
• Suggested the standard condition that allows the Director to constrain delivery
hours if problems should arise.
Commissioner Rocha concurred.
Commissioner Gairaud said he agrees as well. He questioned when that requirement
would kick in. How many complaints?
Commissioner Gibbons said it could be based upon Police reports.
Acting Director Jackie C. Young Lind pointed to Condition #5 that covers this issue.
Chair Roseberry asked about loading and unloading restrictions.
Commissioner Rocha suggested adding Condition #8 to state, "delivery shall be done
on site and staging shall not be done on the street or in the public right-of-way."
Commissioner Doorley said that since the use runs with the land rather than the owner
perhaps the hours should be restricted to 7 p.m.
Motion: Upon motion of Commissioner Gibbons, seconded by
Commissioner Rocha, the Planning Commission adopted
Resolution No. 3899 approving a Modification (PLN2008-71) to a
previously approved Development Permit (PLN2002-02) to allow the
continued use of the property as a commercial construction supply
storage yard and parking lot on property owned by Mr. Joe Salvador
located at 238-246 Railway Avenue, with the following changes to
the conditions:
• Revise the operational hours to 6:30 a.m. to 7 p.m., daily; and
• Add Condition #8 to prohibit staging and/or off-loading of trucks
in the public right-of-way;
• Revise Condition #5 to give the Director the ability to limit
delivery hours in the event of a substantiated complaint;
by the following roll call vote:
AYES: Doorley, Gairaud, Gibbons, Rocha and Roseberry
NOES: None
ABSENT: Alderete and Ebner
ABSTAIN: None
Campbell Planning Commission Minutes for June 24, 2008 Page 8
Chair Roseberry advised that this item would be considered by the City Council for
final action at its meeting of July 15, 2008.
***
Chair Roseberry read Agenda Item No. 2 into the record as follows:
2. PLN2008-74 Public Hearing to consider the application of Mr. Scott Trobbe,
Trobbe, S. on behalf of South Bay Development, for an Extension of
Approval (PLN2008-74) from December 11, 2008, to June 11,
2011, of a previously approved Planned Development Permit
(PLN2005-155) fora 170,000 square foot office building and two
parking structures on property owned by Creekside Office
Center, LLC, located at 649 Creekside Way in a P-D (Planned
Development) Zoning District. A Mitigated Negative Declaration
was previously adopted for this project. Tentative City Council
Meeting Date: July 15, 2008. Staff Planner: Tim J. Haley,
Senior Planner
Mr. Tim J. Haley, Senior Planner, presented the staff report as follows:
• Reported that the applicant is seeking an Extension of Approval for apreviously-
approved Planned Development Permit (PLN2005-155) that was approved by
Council in November 2006.
• Said that the Planning Commission and Council approved a revised hotel that
reduced the number of rooms from 210 to 162.
• Advised that the approval for the entire site was extended in November 2006 and
that approval expires on December 11, 2008.
• Added that the applicant is requesting a 2.5-year extension for the office building
and two parking structures.
• Said that the rational is the weak market conditions and the revised hotel proposal.
The applicant is proposing to revise the architectural design of the office to better
compliment the revised hotel project.
• Stated that staff finds the request to be reasonable and recommends that the
Planning Commission adopt a resolution recommending the Council approve this
Extension of Approval.
Chair Roseberry opened the Public Hearing for Agenda Item No. 2.
Mr. Scott Trobbe, Applicant, South Bay Development:
• Thanked Jackie, Tim and Kirk.
• Said that they are very excited by this opportunity.
• Stated that Tim did a great job with the report.
• Said that their financial commitment to this project is strong as demonstrated by
their willingness to make a couple of payments to the City in advance in the amount
of $260,000 when the extension of approval is granted.
Item No. 1
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'°R~~Aa°' City of Campbell -- Community Development Department
70 N. First Street, Campbell, CA 95008
MEMORANDUM
To: Planning Commission Date: June 24, 2008
From: Tim Haley, Senior Planner
Subject: Railway Distributing, Inc. (PLN 2008-71)
238-246 Railway Avenue
Please find attached the following:
1. Revised Findings and Conditions of Approval
2. Two items of correspondence related to the Extension of Approval of the storage yard and parking
area for the project site.
Additionally, subsequent to the original use permit approval of this project and its subsequent
extensions, the Zoning Ordinance has been amended thus eliminating Conditional Use Permits
approvals in the P-D (Planned Development) Zoning District, with the exception of liquor
establishments. The City Attorney has advised the staff that the proper application to modify this prior
approval is a Modification to a Planned Development Permit.
Consequently, staff would recommend that the Planning Commission:
1. Adopt a Resolution, incorporating the attached findings, recommending that the City Council
approve a Modification to a Development Permit (PLN2008-71) (UP 84-19) to allow the continued
use of the property as a commercial construction supply storage yard and parking lot, subject to the
attached Conditions of Approval.
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ITEM NO. 1
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Vim. er
0 o STAFF REPORT -PLANNING COMMISSION MEETING OF
sf June 24, 2008
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Public Hearing to consider the application of Mr. Joe Salvador, on behalf of
PLN2008-71 Railway Distributing, Inc., to allow an Extension of Approval (PLN2008-
Salvador, J. 71) to a previously approved `Conditional Use Permit (PLN 2002-02)(UP
84-19) to allow the continued use of the property as a commercial
construction supply storage yard and parking lot on property owned by Mr.
Joe Salvador at 238-246 Railway Avenue in a P-D (Planned Development)
Zoning District.
STAFF RECOMMENDATION
That the Planning Commission take the following action:
Adopt a Resolution, incorporating the attached findings, recommending that the City Council
approve an Extension of Approval (PLN2008-71) to a previously approved Conditional Use
Permit (UP 84-19) to allow the continued use of the property as a commercial construction
supply storage yard and parking lot, subject to the attached Conditions of Approval.
Environmental Determination:
Find that this project is Categorically Exempt under Section 15301, Class 1 of the California
Environmental Quality Act (CEQA), pertaining to the continued use of an existing facility.
PROJECT DATA
Net Lot Area:
Site Utilization:
Building Coverage:
Paving Coverage:
Landscaping Coverage:
Parking:
Adjacent Uses:
North: Warehouse
West: Warehouse
8,075 square feet (.19 acres)
0 square feet (0%)
7,715 square feet (96%)
360 square feet (4%)
6 spaces (5 standard, 1 handicapped)
East: Warehouse
South: Auto repair
DISCUSSION
Applicant's proposal: The applicant is requesting a permanent extension to a previously
approved Conditional Use Permit that allows the continued use of the property for a building
supply storage area and parking area at 238-246 Railway Avenue, in conjunction with adjacent
parcels.
Staff Report -Planning Cor~.~nission Meeting of June 24, 2008
PLN2008-71 - 238-246 Railway Avenue
Page 2 of 4
Chronolo~y:
1984 The applicant converted the vacant subject property into a parking area
and supply storage yard without obtaining City approval. Staff notified
him of the violation and a Conditional Use Permit application was
submitted.
1985 Planning Commission and City Council approved the Conditional Use
Permit for a period of three years.
1986 Planning Commission and City Council approved a reinstatement of the
Conditional Use Permit for a period of two years since the applicant failed
to satisfy the Conditions of Approval within the required 90-day period
and the approval became void.
1988 Planning Commission and City Council approved an Extension of the
Conditional Use Permit for a period of three years.
1991 Planning Commission and City Council approved an Extension of the
Conditional Use Permit for a period of three years.
1994 Planning Commission and City Council approved an Extension of the
Conditional Use Permit for a period of three years.
1997 Planning Commission and City Council approved an Extension of the
Conditional Use Permit for a period of five years.
2002 Planning Commission and City Council approved an Extension of the
Conditional Use Permit for a period of seven years.
Back rg ound: The original Conditional Use Permit approval included the establishment of a
supply storage yard on the rear portion of the property and six parking spaces on the front
portion of the property. New landscape planters were required along the western property line
and a small portion of the southern property line.
The property is located within the Redevelopment Project Area and the applicant has been
willing in the past to abandon the use on the property upon six months notice from the
Redevelopment Agency should redevelopment activity be undertaken in the area that include this
parcel. The applicant is requesting that this condition be eliminated in that he has operated for
the past 23 years without a request from the Redevelopment Agency to purse redevelopment of
this parcel.
ANALYSIS
General Plan Designation: The General Plan land use designation for the project site is Medium
to High Density Residential/Commercial. The use of the property as a commercial construction
supply storage yard and parking lot is consistent with this designation. Therefore, the proposed
project is consistent with the General Plan.
Staff Report -Planning Cor~,~nission Meeting of June 24, 2008
PLN2008-71 - 238-246 Railway Avenue
Page 3 of 4
South of Campbell Avenue (SOCA) Area: The subject property is located within Sub-Area 3 of
the SOCA area and is subject to the SOCA Area Plan. The SOCA Area Plan allows commercial,
residential, and mixed use developments within this area. Therefore, the use of the property as a
commercial construction supply storage yard and parking lot is consistent with the SOCA Area
Plan.
Zoning Designation: The zoning designation for the project site is P-D (Planned Development).
The proposed project is consistent with this zoning designation upon approval of a Conditional
Use Permit Extension.
Site La.~: The project site is 8,075 square feet and is used by the applicant as parking and
supply storage for the adjacent commercial business (Railway Distributing Inc.) The rear portion
of the site, approximately 3,850 square feet, is used as supply storage and the remaining front
portion of the site is dedicated to parking and loading. The applicant is also the property owner
of 3 adjacent properties along Railway Avenue to the north and south of this parcel. These
adjacent parcels include storage buildings, yard areas and the sales office for his building
material supply business.
Use: The applicant is requesting a permanent Extension to the Conditional Use Permit instead of
the previously approved seven-year period.
Staff is recommending that the Planning Commission recommend approval of a permanent
Extension. No redevelopment proposals have been received that incorporated this property as a
part of a development project since the original consideration in 1985.
Redevelopment Agency Review: The site is located within the Redevelopment Project Area.
The Redevelopment Agency has reviewed the application and has no objections to the request.
Site and Architectural Review Committee: The Site and Architectural Review Committee did
not review this application in that no design changes were proposed.
ATTACHMENTS
1. Recommended Findings for Approval of File No. PLN2008-71
2. Recommended Conditions of Approval for File No. PLN2008-71
3. Letter From Joe Salvador
4. Exhibits
5. Location Map
Staff Report -Planning Co~~.~nission Meeting of June 24, 2008
PLN2008-71 - 238-246 Railway Avenue
Page 4 of 4
Prepared by: ` "/
Tim Haley, Senior Planner
Approved by: •
J ie Young-Lind, Acting Community Development Director
Attachment # 1
RECOMMENDED FINDINGS FOR APPROVAL OF FILE NO. PLN2008-71
SITE ADDRESS: 238-246 Railway Avenue
APPLICANT: Joe Salvador on behalf of Railway Distributing
P.C. MEETING: June 24, 2008
Recommended Findin sg for approval of an Extension (PLN2008-71 to a previously approved
Conditional Use Permit (UP 84-19) to allow the continued use of the property as a commercial
construction supply storage yard and parking lot at 238-246 Railway Avenue.
The Planning Commission finds as follows with regard to File No. PLN 2008-71:
1. The continued use of the property as a commercial construction supply storage yard and
parking lot is consistent with the General Plan land use designation of Medium to High
Density Residential/Commercial.
2. The proposed project is consistent with the P-D (Planned Development) Zoning District upon
approval of a Conditional Use Permit Extension.
3. The continued use of the property as a commercial construction supply storage yard and
parking lot is consistent with the SOCA Area Plan.
4. No immediate development activity is proposed for this section of Railway Avenue.
5. The project provides five standard parking spaces and one handicapped parking space.
6. Approval of the Conditional Use Permit Extension will not impede the potential for future
redevelopment of the area.
7. The project qualifies as a Categorically Exempt project per Section 15301, Class 1 (Existing
Facilities) of the California Environmental Quality Act (CEQA).
Based on the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The proposed use is compatible with the General Plan of the City and will aid in the
harmonious development of the immediate area.
2. The proposed use is consistent with the City's Zoning Ordinance.
3. The proposed use will not be detrimental to the health, safety, or welfare of the neighborhood
or the City as a whole.
4. 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.
Attachment # 1
Page 2 of 2
5. There is a reasonable relationship and a rough proportionality between the Conditions of
Approval and the impacts of the project.
Attachment #2
RECOMMENDED CONDITIONS OF APPROVAL FOR FILE NO. PLN2008-71
SITE ADDRESS: 238-246 Railway Avenue
APPLICANT: Joe Salvador on behalf of Railway Distributing
P.C. MEETING: June 24, 2008
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. Project Approval: Approval is granted for an Extension (PLN2008-71) to a previously
approved Conditional Use Permit (UP 84-19) to allow the continued use of the property as a
commercial construction supply storage yard and parking lot at 238-246 Railway Avenue.
The project shall substantially conform to the project exhibits listed below; except as may be
modified by the Conditions of Approval contained herein:
a. Project plans prepared by Bruno Marcelic Architect, A.I.A and received by the Planning
Division on April 22, 2008.
2. Previous Conditions of Approval: The Conditions of Approval contained herein shall serve
as the Conditions of Approval. The previous Conditions of Approval that have been satisfied
or are no longer applicable to the current project have been removed.
3. Parking Area Use: The parking area as delineated on the plans shall not be used for storage
of materials or supplies.
4. Parking and Driveway: All parking and driveway areas shall be maintained in compliance
with the standards in Chapter 21.50 of the Campbell Municipal Code.
5. Hours of Operation: The operational hours shall be limited to 6 a.m. to 11 p.m. daily, unless a
Conditional Use Permit is obtained from the Planning Commission for late night operations.
6. Suns: No signage is permitted as part of the development application approved herein. New
signage shall not be installed prior to approval of a sign permit as required by Chapter 21.53
of the Campbell Municipal Code.
Attachment #2
Page 2 of 2
7. On-Site Lighting: Any proposed on-site lighting shall be shielded away from adjacent
properties and directed on site. The design and type of lighting fixtures and lighting intensity
of any exterior lighting shall be reviewed and approved by the Community Development
Director, prior to issuance of a building permit. Lighting fixtures shall be of a decorative
design to be compatible with the development and shall incorporate energy saving features.
Attachment #3
Joe Salvador
Railway Distributing Inc
264 Railway Ave
Campbell, Ca. 95008
04/20/2008
Request for modification to existing use permit UP 84-19.
On June 4, 1985 I was granted a Conditional Use Permit UP 84-19 for a period of three
years. The reason for the limited time frame was because of possible redevelopment in
the area. A condition of the original use permit was that I sign an Agreement to Vacate
within six months after notice from the Redevelopment Agency, should development
activity be undertaken in the area that included this parcel.
Prior to the expiration of the original use permit I re-applied in 1988, 1991 and 1994 for
an additional 3 years each renewal. The city granted the continued use each time under
the same conditions. In 1997 I requested the term of the permit be increased to 10 years,
the city agreed to 5 years under the same conditions. In 2002 with the existing permit
due to expire I requested the permit be extended for 10 years, the city agreed to 7 years
under the same conditions.
I am now requesting the use be granted as a permanent use and that the 6 months
Agreement to Vacate be terminated. I have been operating under this use for 23 years
without any problems. Redevelopment is no longer an issue. The redevelopment in this
area was completed some time ago. We are a long time business in the City of Campbell
this site has been a distribution facility since 1956. I took over the business in 1978 and
have been doing business at this location for 30 years. We are in a position where we
have to decide if the Campbell location remains in our future or if relocation will be
necessary. The limitations on the current use permit make this location less desirable
than other options we have researched. It is our intention to remain in Campbell provided
we are able to obtain permanent use of the parcel in question.
We are a good sales tax generator, our taxable sales have been 30 million dollars per year
consistently. Our hours of operation are 6:30am to Spm weekdays, we are closed on
weekends. Out company has 13 employees at the Campbell location, we do not generate
any excess noise or additional traffic.
Thank you for your consideration,
Joe Salvador, Pres.
Railway Distributing Inc
264 Railway Ave
Campbell, Ca. 95008
408-866-9266 Office
408-379-3727 Fax