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PC Min 07/23/1985PLANNING COMMISSION CITY OF CAMPBELL, CALIFORNIA 7:30 P.M. MINUTES JULY 23, 1985 The Planning Commission of the City of Campbell convened this day in regular session at the regular meeting place, the Council Chambers of City Hall, 70 N. First St., Campbell, California. ROLL CALL Present Commissioners: Kasolas, Perrine, Christ, Olszewski, Toshach, Dickson; Planning Director A. A. Kee, Planner II Tim J. Haley, Engineering Technician Jim Penoyer, City Attorney J. R. Dempster, Recording Secretary Linda Dennis. Absent Commissioner Fairbanks APPROVAL OF MINUTES M/S: Christ, Olszewski - That the Planning Commission meeting of July 23, 1985 be approved as submitted. M/S: Toshach, Dickson - COMMUNICATIONS That the minutes include the following notation on Page 6 (TS 85-03): "Commissioner Toshach noted that the lots did not meet R-1 zoning due to the fact that the private road would not be included in the calculations for the lot size were it R-1. ' Motions carried unanimously (6-0-1). Mr. Kee noted that communications received pertain to specific items on the agenda and would be discussed at that time. ARCHITECTURAL APPROVALS R 85-02 Request of Mr. Paul McAllister for a S 84-10 reinstatement of previously approved plans and elevations allowing the construction of an industrial building on property known as 1025 Florence Way in an M-1-S (Light Industrial) Zoning District. Commissioner Christ reported that this application was considered by the Site and Architectural Review Committee. The Committee is recommending a continuance with the applicant's concurrence.. -2- M/S: Christ, Perrine - That R 85-02/584-10 be continued to the Planning Commission meeting of August 13, 1985. Motion carried unanimously. "-', i * * * { PUBLIC HEARINGS ZC 85-05 Public hearing to consider the applica- Wu, C. tion of Mr. Chao Wu for a zone change from PD to C-PD (Condominium-Planned Development); and, approval of plans, elevations, and development schedule to allow the construction of 10 condominiums on property known as 107 b 119 E. Latimer Ave. in a PD (Planned Development/Medium Density Residential) Zoning District. Commissioner Christ reported that this application was considered by the Site and Architectural Review Committee. There was considerable discussion regarding the open space for this project, and the Committee's opinion is that the project should be approved with the additional 15' of public open space, rather than try to eliminate some of that in favor of private open space. The Committee felt that the public open space was more appropriate. Approval is recommended. Vice-Chairman Rasolas opened the public hearing and invited anyone in the ~, audience to speak for or against this project. Mr. Bruce Brennan, 3706 Williams Rd., San Jose, appeared to represent the applicant and answer questions. M/S: Olszewski, Christ - That the public hearing on ZC 85-OS be closed. Motion carried unanimously (6-0-1). M/S: Olszewski, Perrine - That the Planning Commission recommend that the City Council accept the Negative Declaration which has been prepared for this project. That the Planning Commission adopt a resolution recommending that the City Council approve the zone change from PD to C-PD for this property. That the Planning Commission adopt a resolution recommending that the City Council approve the plans, elevations, development schedule and conditions of approval for this project. -3- nicr»ccinn Commission Dickson noted that he would be speaking in favor of the motion. He felt that the applicant has addressed the density concerns previously expressed, and the. project now falls in the middle of~the '~_ range. In addition, the designer has done a fine fob of trying to preserve open space; and, even though it doesn't have the minimum amount per unit, there is a healthy amount provided. Vote on Motion Motion carried with the following roll call vote: AYES: Commissioners: Perrine, Christ, Olszewski, Toshach, Dickson, Kasolas NOES: Commissioners: None ABSENT: Commissioners: Fairbanks. PD 85-08 Public hearing to consider the applica- Kirk Enterprises tion of Rirk Enterprises for a Planned Development Permit, plans, elevations, and development schedule to allow the construction of a warehouse/industrial building on property known as 146 Dillon .Ave. in a PD (Planned Development/ Industrial) Zoning District. Commissioner Christ reported that this application was considered by the Site and Architectural Review Committee. The Committee is recommending approval, with a change in the west elevation which lowers the overhead door from 12' to 10', and the applicant is agreeable to this change. The applicant will discuss, with the Fire Department, locating the trash enclosure inside the building. Mr. Haley reported that the applicant has gotten approval from the Fire Department to locate the trash enclosure inside the building. Vice-Chairman Kasolas opened the public hearing and invited anyone in the audience to speak for or against this item. Mr. Bruce Johnson, architect, appeared before the Commission to answer questions. M/S: Toshach, Dickson - That the public hearing on PD 85-08 be closed. Motion carried unanimously (6-0-1). -4- M/S: Perrine, Olszewski - That the Planning Commission recommend that the City Council accept the Negative Declaration which has been prepared for this project. That the Planning Commission adopt a resolution, including the following findings, recommending that the City Council approve this project, subject to conditions as indicated in the Staff Comment Sheet (attached hereto): 1. That the proposed development is consistent with the General Plan designation of "Industrial". 2. That the plans demonstrate that the proposed development will result in a more desirable environment and use of land than would be possible under another zoning classification. 3. That the proposed development will improve the area. Motion carried with the following roll call vote: AYES: Commissioners: Perrine, Christ, Olszewski, Toshach, Dickson, Kasolas NOES: Commissioners: None ABSENT: Commissioners: Fairbanks. UP 85-08 Public hearing to consider the applica- Cheng, C. tion of Mr. Chi Chuen Cheng for a use permit to allow on-sale beer and wine in an existing restaurant on property known as 1651 W. Campbell Ave. in a C-1-S (Neighborhood Commercial) Zoning District. Mr. Kee reviewed this application, noting that Staff is of the opinion that the proposed sale of beer and wine in conjunction with a restaurant will not be detrimental to the area or the City as a whole, consequently, approval is recommended. Vice-Chairman Kasolas opened the public hearing and invited anyone in the audience to speak for or against this item. -5- M/S: Olszewski, Christ - That the public hearing on UP 85-08 be closed. Motion carried unanimously (6-0-1). M/S: Toshach, Olszewski - That the Planning Commission adopt a resolution including the findings herein indicated, and approve this application. Findings: That the sale of beer and wine in conjunction with a Chinese restaurant will not be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. Discussion Commissioner Olszewski noted that he was sure the Alcoholic Beverage Control's regulations would meet the community's needs with this type of use. Commissioner Dickson called the Commission's attention to .a document he brought back from the Planning Commission Institute, which indicates that the ABC is unable to keep up with it's job, and is asking for the help of local jurisdictions. He asked that each Commissioner receive a copy of this report. Vote on Motion AYES: Commissioners: Perrine, Christ, Olszewski, Toshach, Kasolas NOES: Commissioners:- Dickson ABSENT: Commissioners: Fairbanks. Chairman Kasolas asked about control of the signage at this location, noting that there has been a banner hanging for some time. He suggested that the applicant be notified to remove the unapproved signing. MM 85-10 Continued application of the Chamber of SA 85-15 Commerce and. the Game Table for Chamber of Commerce approval of elevations to allow a refacing of an existing building located on property known as 326 ~ 328 E. Campbell Ave. in a PD (Planned Development/Commercial) Zoning District. Vice-Chairman Kasolas turned the gavel over to Commissioner Dickson, and. left the Chambers due to a conflict of interest on this item. Mr. Kee reported that the applicant has requested that this item be removed from the agenda. -6- M/S: Perrine, Christ - That MM 85-10/SA 85-15 be denied without prejudice to remove it from the agenda. Motion carried unanimously (5-0-1-1, with Commissioner Fairbanks being absent, and Commission Kasolas abstaining). Vice-Chairman Kasolas returned to the Chambers and resumed the Chair at this time. UP 83-21 Continued request for modification to a O'Neill, C. previously approved Use Permit to allow an auto display rack at Preferred Sales and Leasing on property known as 1405 Camden Ave. in a C-1-S (Neighborhood Commercial) Zoning District. Mr. Kee reported that this item has been continued from the meetings of June 11, June 25, and July 9, 1985 in order that the applicant could submit a revised proposal. However, as of this writing, the applicant has not submitted any new information. Staff is of the opinion that more than adequate time has been allowed for the submittal, consequently, Staff recommends that the Commission deny this application so that it can be removed from the agenda, and the rack and signs removed from the property. M/S: Christ, Olszewski - That the Planning Commission adopt the following findings, and deny this application. 1. The display rack is inappropriate at this location and does not tie in with the structure or landscaping on the site. 2. The display rack visually detracts from the appearance of the property. 3. The signs on the rack exceed the number allowed by the sign code and create a cluttered visual environment. Motion carried unanimously (6-0-1). Vice-Chairman Kasolas asked Staff to check on a possible auto display rack on Winchester Blvd. -7- Referral Continued referral of accessory building - 97 E. Rincon Ave. Mr. Kee reported that Staff has received a request to withdraw this item from the agenda. M/S: Olszewski, Perrine - TS 85-04 Lands of Huang That this referral be removed from the agenda at the applicant's request. Motion carried unanimously (6-0-1). Tentative Subdivision Map - Lands of Huang - 177 N. Central Ave. - APN 279-40-17. Mr. Kee reviewed this-item, noting that Staff is recommending approval, subject to conditions indicated in the Staff Comment Sheet. M/S: Perrine, Christ - That the Planning Commission find the proposed map in accord with the General Plan; and, that the Planning Commission recommend that the City Council approve this map, subject to conditions indicated in the Staff Comment Sheet (attached hereto). Discussion Commissioner Dickson noted he would be voting against the motion because the project is at the high end of the density scale. Vote on Motion Motion carried with a vote of 5-1-1, with Commissioner Fairbanks being absent, and Commissioner Dickson voting "no". S 69-79 Request of Mr. Al Munoz to allow a Munoz, A. modification to the approved building usage for an existing industrial building located on property known as 240 Vietenheimer Ln. in an M-1-S (Light Industrial) Zoning District. Mr. Kee reviewed this request, and responded to questions from the Commission. -8- Commissioner Toshach asked about the statement in the Staff Report which indicates that the property owner has not complied with the conditions of _ approval. Mr. Kee responded that this has to do with the striping of the parking area and the landscaping. The original approval was granted in 1969, and the property has not been maintained over the years. The normal process would have been an inspection one time when the building was completed. We are now saying that the property must be brought back into conformance with the approved plans. Vice-Chairman Kasolas noted the Commission's past concern with the advent to too many auto repair shops in the area. The real issue from a land use basis is whether or not we feel this is a good planned use for this property, because most of the particular uses fall immediately into disrepair and become. parking lots. He continued that the Commission needs to determine if this is an appropriate use considering it's proximity to another large project that has been discussed recently with regard to changing it's image. Commissioner Olszewski asked if there was anything that could be done to protect the area from becoming a "parking lot". Mr. Dempster indicated that there are no means of cataloging cars by license plates, or how long they sit on the property. Commissioner Dickson asked if this would be an acceptable use in this zoning district. Mr. Kee stated that a warehousing use is approved for this building. Either use is allowable in the Light Industrial district; however, there is a difference in the parking requirement. The requested auto usage is more intense that the approved warehousing use, therefore, additional parking would be required. Mr. Dempster noted his discussion with the attorney for the adjacent property owner, which might further affect the parking ratio. Vice-Chairman Kasolas asked about the six parking spaces being suggested for the inside of the building. Commissioner Dickson suggested the item be continued because of the conflict between the property owners which could affect the available parking area. Mr. Steve Nakashima, Attorney for Mr. Norman Houge (adjacent property owner), presented a letter to the Commission (attached hereto) and explained the easement conflict to the Commission. Mr. Nakashima indicated that if the existing fence is moved to accommodate additional parking for the subject property, it will leave Mr. Houge's property -9- landlocked. He continued that his client has no objection to the proposed use of the property; however, he would ask that any approval would suggest that the existing easement portion of the property be left out, and that the existing fence line be maintained. Mr. Al Munoz, applicant, stated that the fence can stay where it is currently located, in that he has figured out a parking layout which will allow the required spaces, and accommodate the existing fenceline. Mr. Munoz continued that there would not be a problem with storing vehicles outside, because Porsche's are not stored outside. He asked that a decision be made this evening if possible. Vice-Chairman Kasolas asked if Staff was satisfied, based on testimony, with the fencing issue. Mr. Kee responded that Staff is recommending approval, subject to conditions as indicated in-the Staff Comment Sheet. The fence issue has dust come up today, and Staff is not prepared to address this issue at this time; however., Condition No. 3 requires the applicant to submit a fencing plan prior to the issuance of a building permit. Mr. Dempster stated that he did not think the fence issue had anything to do with the application at this point. Commissioner Christ noted his concern that this application was not for a use permit which would aid in enforcing the use of the property, and insure it's maintenance. Mr. Kee indicated. that an auto use is an allowed use in the M-1 zoning district. The issue, at this time, is the number of parking spaces which the auto use needs. As long as the parking ratios are being complied with, there is no reason why the automotive use cannot be continued, from Staff's point of view. However, if .parking becomes a problem, Staff will bring the issue back to the Commission. Mr. Dempster stated that he did not have a problem believing the applicant, but what happens if he sells the business. There should be some conditions placed on the use. Mr. Dempster suggested a 6-month review so see if the parking is being appropriately handled. An agreement should be presented, satisfactory to the City Attorney, that requires a yearly review of the use of the property, and if parking becomes a problem that the applicant will agree to return the use to it's original warehousing use. The agreement should also ,apply to any sub-lessees of the property. Vice-Chairman suggested that the. item be continued so that the applicant could come back with an agreement addressing the issues discussed this evening. -10- Mr. Munoz noted that there may be a problem with such an agreement, in that he must go through two companies to get the property (Zilog for 23 months, and the property owner for an additional 8 years). He did not wish to be stuck with an empty warehouse. Mr. Dempster explained that if Mr. Munoz were to sublet this use, that as long as he owns the property or business, he would be responsible for the property being use as approved. Thus, placing the burden of enforcement on the applicant, rather than the City. M/ ; Toshach, That S 69-76 be continued to August 13, 1985 so that the agreement and easement issues, and parking impact situation, may be resolved. Motion dies for lack of a second. Mr. Munoz again requested a decision this evening. Commissioner Dickson asked Mr. Munoz if he was in agreement with the City Attorney's suggestion. Mr. Munoz stated that he was agreeable as long as he was there, and that he intended to buy the property. Vice-Chairman Kasolas noted that the use doesn't go with the building. He continued that the applicant should understand that he is changing his application to enter into an agreement with the City Attorney that the planned use would be reviewed on a yearly basis, and that he would be responsible for maintenance if the business is sold as an auto use or sublet. M/S: Dickson, Christ - That the Planning Commission approve the applicant's request, sub3ect to ~ conditions as indicated in the Staff Comment Sheet, with a change in Condition No. 14 to indicate an agreement with the City Attorney regarding review of parking and maintenance of property. Discussion of Motion Commissioner Toshach noted that he strenuously objects to what appears to be a certain amount of brinksmanship, with the applicant coming forth at the elevent hour and putting Staff and the Commission in the position of doing work that could have been done prior to the meeting. Roll Call Vote on Motion AYES: Commissioners: Perrine, Christ, Olszewski, Toshach, Dickson, Kasolas NOES: Commissioners: None - ABSENT: Commissioners: Fairbanks. -11- PD 85-04 Request of Mr. Kurt Anderson for Millen, R. modifications to approved plans allowing the construction of an office building on property known as 45 N. First. St. in a PD (Planned Development/Commercial) Zoning District. Commissioner Christ reported that this application was considered by the Site and Architectural Review Committee. The Committee is recommending approval, with redlining indicating changes in window area on eastern and western elevations. Mr. Kee stated that Staff is also recommending approval. M/S: Dickson, Perrine - That the Planning Commission recommend that the City Council approve the modifications requested by the applicant, subject to the previous conditions of approval as well as the redlining of the presented plans. Motion carried unanimously (6-0-1). PM 85-11 Tentative Parcel Map - Lands of Pinn Lands of Pinn Bros. Bros. - 2955 S. Winchester Blvd. - APN 406-9-21. Mr. Kee reported that this map is before the Planning Commission at this time, due to the irregular shape of the proposed parcels. The shape of the proposed parcels has been created so that parking facilities are adequate for each building as approved under S 84-27. Staff considers the proposed map acceptable and is recommending approval. M/S: Dickson, Perrine - Appointment-HPB That the Planning Commission find that this Tentative Parcel Map, together with the provisions for its design and improvement, is consistent with the General Plan of the City of Campbell; and, that the Planning Commission approve this map, subject to conditions as indicated in the Staff Comment Sheet (attached hereto). Motion carried unanimously (6-0-1). Appointment of Commissioners to Historic Preservation Task Force. Vice-Chairman Kasolas continued this matter to the next meeting in order that the Chairman could be present. -12- OTHER ITEMS BROUGHT UP BY COMMISSION There was discussion regarding a tour of the community to look at new development, site maintenance problems, mixed uses, alternative street improvements, etc. The consensus of the Commission was that such a tour should take place, and it should be done on a positive basis, not from a code enforcement standpoint. M/S: Toshach, Perrine - That the Planning Commission direct Staff to prepare afield trip for the Commission, Staff, and other interested persons to tour the community. Motion carried unanimously (6-0-1). There was discussion regarding code enforcement action in the City. Commissioner Dickson asked for a staff report on the types of enforcement activities, for a possible insight to see if there is something that can be done to help the situation. Commissioner Toshach noted that a Zoning ordinance Review Committee has been formed, and perhaps Commissioner Dickson is looking for ways to make the ordinances more workable for the City--to see if the ordinances are serving the City. Mr. Dempster suggested that commissioners sit on on the enforcement appearances on Tuesday afternoons, because it is very difficult to describe these things in a report. He continued that if problems are brought to Staff, the ordinances normally fit the situation, and the final answer requires compliance with the ordinances. Vice-Chairman recognized Mayor Ashworth, Councilman Chamberlin, and City Manager Duggan in the audience at this time. There was discussion regarding alcoholic beverage outlets in the City. Commissioner Dickson believes that the City is approaching a situation with alcohol outlets similar to that of gas stations a few years ago. He asked for a report from Staff on the number of alcohol outlets that are in the City. Vice-Chairman Kasolas noted that perhaps this issue is one for the Council to discuss in that a good portion of the City's sales revenues come from that type of activity, in that Campbell is none as a fine dining area. In that this issue .is one of economics, he would rather see discussion emanate from the City Council. -13- Commissioner Christ thought these concerns were valid, however he felt it was not the burden of the Planning Commission. Commissioner Dickson asked that this issue be scheduled for discussion at a future study session. M/S: Dickson, Olszewski - That the Planning Commission adopt a resolution thanking our Sister City of Keelung for the gifts presented during their visit. Motion carried unanimously (6-0-1). ADJOURNMENT M/S: Toshach, Christ - That the meeting be adjourned. The meeting was adjourned at 9:05 p.m. APPROVED; George C. Kasolas Vice-Chairman ATTEST: Arthur A. Kee Secretary RECORDED: Linda A. Dennis Recording Secretary MEMORANDUM To: ARTHUR A. KEE Planning Director From: JOSEPH ELLIOTT Director of Public Works CITY OF CAMPBELL oete: ~ ~ ly s, ~~ its Subject: Tentative Subdivision Map, Lands of Thorn.4s ~ ~ rn ~ t ~ un ~y_ APN 274- 0-17 --------------------------- The following conditions of approval are recommended concerning the subject tentative subdivision map submitted by M/~s~•~~~1 E'^n• (~o• Installation of a sanitary sewerage system to serve all lots within the sub- division in conformance with the proposed plans of the County of Santa Clara Sanitation District No. 4. Sanitary sewerage service to be provided by .said 1.. District No. 4. Installation of a water distribution system to serve all lots within the sub- division in conformance with the plans of the San Jose Water Works. Water service to be provided by said water company. Fire hydrants and appurte- nances shall be provided and installed at the locations specified by the Fire Chief, Fire Department, City of Campbell. Fire hydrant maintenance 2. fees shall be paid to City at the rate of 6195 per fire hydrant. Subdivider shall create or provide any public service easement and any other public utility and/or public service easements as may be necessary for the 3 installation of any and all public utilities and/or facilities. Compliance with the provisions of Title 20, Subdivisions of the Campbell ~ Municipal Code. ~. Subdivider to pay Storm Drainage Area Fee. <o . --Subdivider to furnish copy of Preliminary Title Report. Subdivider shall (install street improvements and post surety to guaranty the work) (execute an agreement and post surety to install street improve- ments in the future and agree to join a Local Improvement District). Dedicate additional right-of-way to widen feet from centerline. to C.C.&R.'s to be approved by City Engineer to insure provisions for maintenance 7 of buildings and common area. Provide a grading and drainage plan for the review and approval of the City $ Engineer. 9 Obtain an excavation permit and pay fees and deposit for all work in the public right of way. 1D. Po c~ o ~S S6O.O~ In IItU ~ dt•l~ca'~ron o~ ~nnd y f I~ 5. STEPHEN NAKASHIMA THEODORE K. BOYNTON JANN M. NAKASHIMA LAW OFFICES OF NAKASFIIMA & BOYNTON 440 SOUTH WINCHESTER BOULEVARD SAN JOSS, CALIFORNIA 96188-8690 July 23, 1985 Planning Commission City of Campbell Re: S 69-76 Munoz, A. Dear Members of the Planning Commission: AREA CODE 40B TELEPHONE 246-0246 3~ ~ ~i~ ,~3, d'S ~ ~,~ With respect to the subject matter that is before you, my clients, Norman Houge, individually, and as CEO of Norman B. Houge, Inc., have no objections to the requested use of the property in question. However, strenuous objections are made with respect to the site plan map that was submitted with this request. Attached to the Staff Comment Sheet, Item 9, for the Planning Commission Meeting of July 23, 1985, is a partial Assessor's map identifying the property in question. Houge (in his individual capacity and as ceo for Norman B. Houge, Inc.) ob- jects to the plan to include in the site plan portions of the property of Lot 14 at the end of the 20 foot right of way known as Veitenheimer Lane. The 20 foot strip in front of Lot 8 owned by Houge has always been used as a continuation of the 20 foot right of way. Without this continued use as a right of way along the 40 foot frontage of Lot 8, Lot 8 would be landlocked and would have no access available to it. Pictures showing the present use and the use which has continued for over 26 years by Houge are submitted to show how that portion has been used. Houge purchased Lot 8 in 1959. Prior to his acquisition of said Lot 8, the previous owners used the portion in front of the 40 foot strip as a continuation of the 20 foot Veitenheimer Lane right of way. Since the acquisition of Lot 8 in 1959 by Houge, the 20 foot right of way extension into Lot 14 along the 40 foot frontage was used by the construction company occupying said lot. On or about 1969, Houge purchased Lot 9. The acquisition made it possible for the company to use the access along the 40 foot frontage of Lot 8 by large trucks and trailers approximating ~0 feet to park on the properties and to turn around. Pictures of the type of trucks and trailers using the wide turn around are also available. Without the driveway along the easterly side of the 40 foot frontage on Lot 8, it would be impossible to maneuver the trucks on to the property. Photographs of the office of Norman B. Houge, Inc. are also LAW OFFICES OF NAKASIiIMA & BOYNTON Planning Commission City of Campbell Page Two - July 23, 1985 available. This building was the residence of the prior owner of the property and was converted to an office in 1959 and has con- tinuously been used as such. Approximately one year ago, a chain link fence of a very substantial nature was installed along the northerly extension of the 20 foot right of way on Lot 14 by the owner thereof, recog- nizing and respecting the right that Rouge had with respect to the continuation of the 20 foot right of way. The pictures show this chain link fence that was installed by the owner of Lot 14. The pictures also show in red the way the fence and gate would make it impossible for the owners of Lot 8 to have access to it. Rouge respectfully requests that the use requested by Ap- plication Munoz be granted but that the site plan recognize and respect the easement that has been gained by Rouge with respect to Lot 8. We have no objections to the present fence and gate that are on Lot 14. Under the laws of the State of California, a prescriptive right has attached to Lot 8 and should any attempt be made with or without the consent of the City to place a fence at the end of the present recorded right of way, Rouge intends to file an ac- tion to establish this prescriptive easement. We respectfully request that the Planning Commission, recog- nizing that there will be no access available to Lot 8 if the fence is allowed to be constructed at the end of the 20 foot right of way, approve the request of Applicant Munoz but require that the fence and gate be left as they presently exist. It is essential that the prescriptive easement be recognized and that the site plan be adjusted accordingly.,-a n F; Yours dry trul , 1- ~ f r ~ ( %' f S. St en~Nakashima ~~ ~J SSN/ph CONDITIONS OF APPROVAL: S 69-76 APPLICANT: MR. AL MUNOZ, A.M. PORSCHE WORLD SITE ADDRESS: 240 VIETENHEIMER LN. P.C. MTG. JULY 23, 1985 The applicant is 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 Laws of the State of California. 1. Revised site plan indicating location of PG&E transformer to be submitted to the Planning Department and approved by the Planning Director upon recommendation of the Architectural Advisor prior to occupancy. 2. Landscaping plan indicating type and size of plant material, and location of irrigation system to be submitted to the Planning Department and approved by the Planning Director prior to occupancy. 3. Fencing plan indicating location and design details of fencing to be submitted to the Planning Department and approved by the Planning Director prior to issuance of a building permit. 4. Applicant to either (1) post a faithful performance bond in the amount of $3,000.00 to insure landscaping, fencing, and striping of parking areas within 3 months of completion of construction; or (2) file written agreement to complete landscaping, fencing, and striping of parking areas. Bond or agreement to be filed with the .Planning Department prior to application for a building permit. 5. Applicant to submit a letter to the Planning Department, satisfactory to the City Attorney, prior to occupancy of building, limiting the use of the property __ -= as follows: 7,200 sq.ft. of auto repair use; 1,320 sq.ft. of -~ warehousing/manufacturing use; 210 sq.ft. of office use; and 770 sq.ft. of interior parking. 6. All mechanical equipment on roofs and all utility meters to be screened as approved by the planning Director. 7. All parking and driveway areas to be developed in compliance with Chapter 21.50 of the Campbell Municipal Code. All parking spaces to be provided with appropriate concrete curbs or bumper guards. 8. Plans submitted to the Building Department for plan check shall indicate clearly the location of all connections for underground utilities including water, sewer, electric, telephone and television cables, etc. 9. Sign application to be submitted in accordance with provisions of the Sign Ordinance for all signs. No sign to be installed until application is approved and permit issued by Planning and Building Departments (Section 21.68.030 of the Campbell Municipal Code). 10. Ordinance No. 782 of the Campbell Municipal Code stipulates that any contract for the collection and disposal of refuse, garbage, wet garbage and rubbish produced within the limits of the City of Campbell shall be made with Green Valley Disposal Company. This requirement applies to all single-family dwellings, multiple apartment units, to all commercial, business, industrial, manufacturing, and construction establishments. CONDITIONS OF APPROVAL: S 69-76 APPLICANT: MR. AL MUNOZ SITE ADDRESS: 240 VIETENAEIMER LN. PAGE 2 11. Trash container(s) of a size and quantity necessary to serve the development shall be located in area(s) approved by the Fire Department. Unless otherwise noted, enclosure(s) shall consist of a concrete floor surrounded by a solid wall or fence and have self-closing doors of a size specified by the Fire Department. All enclosures to be constructed at grade level and have a level area adjacent to the trash enclosure area to service these containers. 12. Applicant shall comply with all appropriate State and City requirements for the handicapped. PLANNING DEPARTMENT 13. Applicant to secure approval from Building and Fire Departments for usage change prior to occupancy. 14. Applicant to sign an agreement, satisfactory to the City Attorney, that provides for a yearly review of the use of the property; and, if parking becomes a problem, that the applicant will agree to return the property's use to the original warehouse use. Said agreement shall apply to the applicant, the property owner, and subleasees of the property.