Loading...
Use Permit - Contractor Yard - 2008Communirti~ Development Department January 26, 2009 Brandon Clark 854 S. McGlincy Lane Campbell, CA 95008 Re: Conditional Use Permit - PLN2008-137 854 S. McGlincy Lane Dear Mr. Clark, At its meeting of January 13, 2009, the Planning Commission Adopted Resolution No. 3923 granting a Conditional Use Permit (PLN2008-137) to allow the establishment of a contractor's storage yard and the conversion of an existing structure and accessory garage from residential to industrial storage use on the above referenced property. Pursuant to Condition of Approval No. 1, the applicant shall sign the approved set(s) of Conditions of Approval within 30 days of the date of Planning Commission approval. Until the enclosed Conditions of Approval are signed (last pages) and returned to the Planning Division, the aforementioned approval shall not be valid for any permits sought from the City. Please sign and return the enclosed Conditions approval at your earliest convenience. Should you have any questions or comments, please do not hesitate to contact me at (408) 866- 2124 or by email at stephenrncityofcampbell.com. Sincerely, ephen Rose Planning Intern encl: Conditions of Approval - PLN2008-137 cc: Tim Haley, Acting Principal Planner Bill Bruckart, Building Division Fire Department CONDITIONS OF APPROVAL FOR FILE NO. PLN2008-137 SITE ADDRESS: 854 S. Bascom Avenue APPLICANT: Brandon Clark P.C. MEETING: January 13, 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. Declaration of Acceptance of All Conditions: Within thirty (30) days of Planning Commission approval, the applicant 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. 2. Approved Project: Approval is granted for a Conditional Use Permit (PLN2008-137) to allow the establishment of a contractor's storage yard and the conversion of an existing structure and accessory garage from residential to industrial storage on property located at 854 S. McGlincy Lane. The project shall substantially conform to the project plans and project description as specified below, except as may be modified by the conditions of approval contained herein. a. Project Plans (PLN2008-137), stamped as received by the Community Development Department on November 25t", 2008. b. Operational Statement (PLN2008-137), stamped as received by the Community Development Department on October 16t", 2008. 3. Planning Final Required: 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. 4. 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. Action on the part of the applicant on the existing structures, either bringing them up to current Code standards or Page 2 of ~ demolishing them, shall occur within 24 months of the Conditional Use Permit activation. If this does not occur, the Use permit shall expire at that time and the outdoor storage use must be terminated. 5. Revocation of Permit: Operation of the use in violation of the Conditional Use Permit or any standards, codes, or ordinances of the City of Campbell shall be grounds for consideration of revocation of the Conditional Use Permit by the Planning Commission. 6. Operational Hours: The hours of operation shall be restricted to 6:00 a.m. to 11:00 p.m., Monday through Friday. At no time shall business related activity occur between the hours of 11:00 p.m. and 6:00 a.m. 7. 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. 8. Si___gi awe: 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. 9. Revised Site Plan: The applicant shall submit two copies of a revised site plan indicating two additional parking spaces and displaying the reduced wall height to the 8' allowed as specified in Chapter 21.36.160 of the Campbell Municipal Code. 10. Landscape Plan: The applicant shall submit two copies of a landscape plan, prior to the issuance of building permits, for review and approval by the Community Development Director. The plan shall show the type of trees, size of trees and tree planting detail and irrigation details. The landscape plan shall substantially conform to the approved site plan and the City's Water Efficient Landscaping Standards (WELS). The landscaping shall be installed prior to the final inspection completed by the Planning Department 11. Landscape Maintenance: The owner/operator of the property shall provide on-going maintenance of the existing on-site landscaping. 12. Repaint of Existing Structures: The applicant shall immediately repaint the proposed storage buildings to the satisfaction of the Community Development Director. 13. On-Site Li~htin~: 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. 14. Trash Enclosure: The applicant shall obtain a building permit and construct a trash enclosure for the storage of all refuse containers. The trash enclosure shall comply with the requirements set forth in Section 21.18.110 of the Campbell Zoning Code. Page ~ of S 15. Location of Mechanical Equipment: No roof-mounted mechanical equipment (i.e. air conditioning units, ventilation ducts or vents), shall be added to the existing building without providing screening of the mechanical equipment from public view and surrounding properties. The screening material and method shall be architecturally compatible with the building and requires review and approval by the Community Development Director and Building Division prior to installation of such screening. 16. Noise: a. Noise Standard: Any noises, sounds and/or voices, including but not limited to amplified sounds, loud speakers, sounds from audio sound systems, and/or music, generated by the subject use shall not be audible to a person of normal hearing capacity from any residential property. Public address systems of all types are strictly prohibited. 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. 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. A total of 11 parking spaces will be provided. 18. Construction Activities: The applicant shall abide by the following requirements during construction: a. Construction activities shall be limited to weekdays between 8:00 a.m. and 5:00 p.m. and Saturdays between 9:00 a.m. and 4:00 p.m. No construction shall take place on Sundays or holidays unless an exception is granted by the Building Official. b. Truck routes to and from the construction site should be established and submitted to the City for review and approval prior to issuance of a building permit. These truck routes shall avoid access to the project site via residential streets where possible. c. All construction equipment with internal combustion engines used on the project site shall be properly muffled and maintained in good working condition. d. Unnecessary idling of internal combustion engines shall be strictly prohibited. e. All stationary noise-generating construction equipment, such as air compressors and portable power generators, shall be located as far as possible from noise-sensitive receptors such as existing residences and businesses. £ Prior to the issuance of building permits, the project site shall be posted with the name and contact number of the lead contractor and construction hours in a location visible from the public street so that the contractor can be made aware of noise complaints. g. Enclose, cover, water twice daily or, or apply (non-toxic) soil stabilizers to exposed stockpiles (dirt, sand, etc.). 4ofS Building Division: 19. Permits Required: A building permit application shall be required for the proposed conversion of the existing structure from residential use to commercial use. The City of Campbell has no record of the Dwelling being legally converted to commercial use. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 20. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 21. Size of Plans: The size of construction plans submitted for building permits shall be 24 inches by 36 inches. 22. 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. 23. Structural Considerations: This proposed project is subject to structural upgrades predicated on the change in use from residential to commercial use. Project Architect/Engineer shall verify the existing structure's ability to support commercial loading values, and where necessary, shall call for structural improvements. 24. 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. 25. Exterior Wall Construction: Project Architect/Engineer shall examine the existing structure for locations of exterior walls in relationship to property lines. Wall construction requirements for commercial uses are typically more restrictive that for residential uses. (Refer to Table 5-A, of the Current tiniform Building Code) 26. 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. 27. Special Inspections: When a special inspection is required by C.B.C. Chapter 17, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the building permits, in accordance with C.B.C Appendix Chapter 1, Section 106. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 28. Non-Point Source: The City of Campbell, standard Santa Clara Valley Non-point Source Pollution Control Program specification sheet shall be part of plan submittal. The specification sheet (size 24" X 36") is available at the Building Division service counter. 5 of 5 29. Title 24 Accessibility -Commercial: On site general path of travel shall comply with the latest California Title 24 Accessibility Standards. Work shall include but not be limited to accessibility to building entrances from parking facilities and sidewalks. 30. 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. 31. PG&E: Applicant is advised to contact Pacific Gas and Electric Company as early as possible in the approval process. Service installations, changes, and/or relocations may require substantial scheduling time and can cause significant delays in the approval process. Applicant should also consult with P. G. & E. concerning utility easements, distribution pole locations and required conductor clearances. 32. ARprovals Required: The project requires the following agency approval prior to issuance of the building permit: a. West Valley Sanitation District b. Santa Clara County Fire Department Fire Department: 33. Required Fire Flow: The fire flow for this project is 1500 gpm at 20 psi residual pressure. The adjusted fire flow is available from area water mains and fire hydrant(s) which are spaced at the required spacing. 34. Fire Apparatus (Engine) Access Roads Required: Provide access roadways with a paved all weather surface, a minimum unobstructed width of 12 feet, vertical clearance of 13 feet 6 inches, minimum circulating turning radius of 36 feet outside and 23 inside, and a maximum slope of 15%. Installations shall conform with Fire Department Standard Details and Specification sheet D-l. 35. Emergency Gate/ Access Gate Requirements: Gate installations shall conform with Fire Department Standard Details and Specification G-1 and, when open shall not obstruct any portion of the required width for emergency access roadways or driveways. Locks, if provided, shall be Fire Department approved prior to installation. Acknowledged & Accepted: Brandon Clark Date Campbell Planning Commission Minutes for January 13, 2009 Page 5 AYES: Alderete, Ebner, Gairaud, Gibbons and Rocha NOES: None ABSENT: Roseberry ABSTAIN: None Chair Ebner advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** Chair Ebner read Agenda Item No. 2 into the record as follows: 2. PLN2008-137 Public Hearing to consider the application of Mr. Brandon Clark, B. Clark for a Conditional Use Permit (PLN2008-137) to allow the establishment of a contractor's storage yard on property owned by Mr. Stanley Wilson located at 854 S. McGlincy Lane in an M-1-S (Light Industrial) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission action final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Tim J. Haley, Acting Principal Planner Mr. Stephen Rose, Planning Intern, presented the staff report as follows: • Reported that the applicant is seeking approval of a Conditional Use Permit to establish a contractor's storage yard and the conversion of an existing structure (garage) from residential to storage use. • Stated that the project site is located to the east of Highway 17, north of Curtner and just south of S. McGlincy Lane at its intersection with Cristich Lane. • Added that this site is surrounded by Light Industrial uses on all sides. The site is zoned M-1-S (Light Industrial) and the General Plan land use designation is Light Industrial. • Explained that the M-1-S Zoning District allows the conversion of residences to storage use and contractor's storage yard with approval of a Use Permit. • Said that a condition is proposed requiring the applicant to repaint and re-roof the proposed storage building to the satisfaction of the Community Development Director. Additionally, a building permit approval shall be required for the proposed conversion of the structure from residential to commercial storage use. • Described the site as consisting of a net lot area of 10,500 square feet. The building coverage is 2,214 square feet. The detached garage is 640 square feet. There is 1,055 square feet of landscaping. • Said that the parking ratio is 1 for every 450 square feet. Four spaces are provided while six are required. Staff is recommending that the applicant add two additional spaces to the rear of the property. • Said that the minimum front setback required is ten feet and a 15-foot setback is provided. The minimum rear yard setback is ten feet and a 95-foot rear setback is Campbell Planning Commission Minutes for January 13, 2009 Page 6 provided. The south side setback is 7.5 feet where the minimum required is five feet. The north side setback is 21 feet where the minimum standard is five feet. • Advised that a 10-foot tall precast wall is proposed with an eight-foot high sliding gate at the driveway. As a condition of approval, staff is recommending that the applicant reduce the wall height to eight feet as required by Campbell Municipal Code Chapter 21.36.160. • Informed that the site will be staffed with one administrative staffer and three to four employees. Operational hours will be between 6 a.m. and 11 p.m., Monday through Friday. • Recommended the adoption of a resolution approving this Site and Architectural Review Permit subject to the recommended conditions of approval. Commissioner Rocha said that the eight-foot high wall along McGlincy would result in a fort-like appearance. He asked how far the wall would be set back. Planning Intern Stephen Rose replied 10 feet. Chair Ebner asked Planning Intern Stephen Rose if the applicant has made any of the changes recommended by SARC. Planning Intern Stephen Rose said that no new plans have yet been submitted so he would defer this question to the applicant. Commissioner Alderete presented the Site and Architectural Review Commission report as follows: • SARC reviewed this project on December 9, 2008. • Listed the comments made by SARC: 1. Recommended that the applicant reduce the wall height to the eight-foot maximum allowed per Code. 2. Recommended that the applicant return the wall along the south side property line to adjacent off-site structure. 3. Requested that a landscape irrigation plan be provided at building permit submittal. 4. Requested the repainting and re-roofing of the proposed storage structure. 5. Recommended that the two proposed storage structures be brought up to Code standards for industrial storage. 6. Requested that the applicant add two more parking spaces to the rear of the property. Chair Ebner opened the Public Hearing for Agenda Item No. 2. Mr. Brandon Clark, Applicant: • Said that there are a few things that are a bit inconsistent. • Explained that while he had originally labeled storage use for the house on his plans that is not his intent. Just the garage would be used to store pipes and equipment. Campbell Planning Commission Minutes for January 13, 2009 Page 7 • Pointed out that if they don't use that structure, they won't need the extra parking spaces. • Said that, given the difficult economic times and the fact that it is his intent to scrap everything on the site to build a legal and nice-looking storage building that he can use to store his trucks out of site and keep everything secure, he does not have the resources right now to put money into re-roofing and repainting these structures. His intent is going to be to tear them down later. Chair Ebner asked Mr. Brandon Clark about SARC's recommendation to reduce the wall height from his proposed 10 feet to 8 feet. Mr. Brandon Clark said that he has agreed to that recommendation with no problem. Commissioner Rocha asked Mr. Brandon Clark what the house is currently being used for. Mr. Brandon Clark replied that it is vacant. Commissioner Rocha said that the Commission wants to be sure that there is no one living there. He said that it appears Mr. Clark is resisting SARC's recommendation to bring the structures up to Code and to re-roof. He asked about repainting. Mr. Brandon Clark said that new paint would not break them. He pointed out that the existing roof does not leak right now. Commissioner Gairaud asked Mr. Brandon Clark if he has investigated demolishing the residence. Mr. Brandon Clark replied yes. He said that he likes having it remain in the interim as it provides a screen from view from the street. It is nice to have this screening as they have a plumbing business where there is a lot of copper stored and trucks loaded with equipment. Commissioner Gairaud asked Mr. Brandon Clark if he is reluctant to either tear down or fix up the residence. Mr. Brandon Clark said he would be willing to sign a waiver on it. Chair Ebner closed the Public Hearing for Agenda Item No. 2. Commissioner Gibbons: • Advised that she has two questions for SARC. • Pointed out that an eight-foot high fence is usually not allowed that close to the road. Instead there is usually a 20-foot setback. • Added that she can appreciate the fact that this is a different situation, etc., but questioned whether there is a safety issue here. Are there any specific observations from SARC and/or staff? Campbell Planning Commission Minutes for January 13, 2009 Page 8 • Said that Cristich is a challenging street any way. Commissioner Alderete replied that he did not recall. Chair Ebner said he too is drawing a blank on this issue from the SARC discussion. Planning Intern Stephen Rose said that the only safety issue discussed is that Fire has approved the proposed gate as safe. Commissioner Gibbons said that Cristich has a terrible right-of-way issue. She asked where this wall would be in terms of the ultimate right-of-way and proposed street that the City will ultimately want to put there. Is there any idea? Planning Intern Stephen Rose asked if the question is about Public Works improvements. Assistant Planner Daniel Fama advised that the wall is placed back 10 feet from the property line. Commissioner Gibbons asked how the property line relates to the future street. Planning Intem Stephen Rose clarified that this property does not adjoin to Cristich. It's along E. McGlincy Lane. Commissioner Gibbons: • Agreed and said it was no wonder she was confused. Cristich is the next block over. • Added that her next question has to do with the discussion on whether the building should be torn down or not. • Said that she would like to ask the City Attorney something. • Reminded that the Commission is being asked to approve a Conditional Use Permit. The existing building on this site does not support that Use Permit so that is problematic. • Said that understanding the intent of the applicant is one thing but the Commission has run across situations where the best of intentions can go awry. • Asked if there is any value in conditioning that the building has to be torn down within one year. If that does not occur in that time frame, the applicant can come back if they feel that they can't tear it down yet. • Stressed the need to have something in place that would allow the Commission to withdraw the CUP. City Attorney William Seligmann: • Replied that the Commission could attach a condition that the building has to be demolished in one year and if it were not demolished in one year the Conditional Use Permit would expire at that time. Campbell Planning Commission Minutes for January 13, 2009 Page 9 • Added that another option is to ask for security, which would involve the applicant entering into an agreement with the City that would allow the City to go in and apply that security to demolish it. Commissioner Gibbons: • Explained that her intention is to make the City's job easy. • Added that she did not want to have an enforcement issue. • Said that she was also trying to find a solution for the applicant. • Pointed out that the property is becoming more and more derelict and it will become even more derelict with the parking of trucks and so on. • Said that she was trying to find a way to consider that. • Reminded that she has a problem with the fence and its proximity to the street and the resulting safety there. • Said that maybe someone could help her understand the adjoining parcels. This is just such a goofy area. There are buildings along there with roll-up doors. Commissioner Rocha: • Explained that on that side of the street, the last parcel has a large contractor's yard with mechanical equipment on the corner. • Said that most of the other stuff on the east side of McGlincy is set back far enough where you probably don't have sight-line issues. • Stated that what is on this site currently is so inconsistent with what is on the street. It looks like a residence that is an island. • Pointed out Condition 4 that states that the use must be established within one year. He asked if that simply means establishing the business there or does it mean that the house and garage should be removed in that time frame. Should the house be brought up to Code or torn down? City Attorney William Seligmann explained that as long as the applicant is using the site as a construction storage yard, absent a condition that applies to the structure on the front, he would only have to establish his use on the site. Commissioner Rocha thanked the City Attorney. Commissioner Gibbons: • Said that if she understands the site, there are some buildings that are all the way out to the curb and there are some areas that are set back. If one looks at Attachment 5, you can see the house. It has a setback. The building next to it has a setback. • Stated that she is a little bit uncomfortable with this wall placement and wished that Public Works had provided more feedback. Assistant Planner Daniel Fama reminded that as a part of the process, the Public Works staff does review all development applicants, including this one. He said that he imagines that if Public Works had plans to increase the right-of-way, they would have objected to the placement of this new wall. Campbell Planning Commission Minutes for January 13, 2009 Page 10 Commissioner Gibbons clarified that her concern is traffic safety. Assistant Planner Daniel Fama advised that as part of the Land Development Engineer's review, he refers any potential issue of concern to the Traffic Engineer. He reported that Fence Exception applications are referred to the Traffic Engineer for review and his opinion on the traffic safety issue. Interim Director Ciddy Wordell said that if this issue is a stumbling block for the Commission, they could condition that the Public Works Department evaluate the site further to make the finding that the sight lines are acceptable. Chair Ebner said this is a good point. Commissioner Alderete: • Reported that he knows this area well and travels through there a lot. • Added that he can see where Commissioner Gibbons could have a concern for sight line and safety issues. • Advised that he does not have that same concern here. Things flow through rather smoothly although it can be an issue when larger trucks are delivering to the area. Commissioner Gibbons said that her concern is because of the McGlincy Office Park from where there is a lot of traffic in and out in the morning and afternoon. Commissioner Gairaud asked what if the Building Division makes a determination that a structure is uninhabitable. Does that mean that it simply cannot be used rather than requiring the structure be torn down? City Attorney William Seligmann said that he thinks that is generally fair to say. Unless there is some issue with it being a fire hazard or something that might affect other structures, that is correct. Commissioner Gairaud suggested making it part of the Use Permit to require the Building Division to inspect the building to determine if it is uninhabitable. If it is, that essentially makes the building unusable. If that did come up, there would be some sort of recourse. City Attorney William Seligmann said that the Commission could certainly condition the project to include an inspection by the Building Department. Commissioner Gairaud said, which doesn't really mean anything this evening because we don't know what they are going to find. City Attorney William Seligmann replied, "true." Campbell Planning Commission Minutes for January 13, 2009 Page 11 Commissioner Gibbons: • Stated that the reason she had suggested conditioning the demolition is that it should be demolished to meet the conditional use. • Added that it is not just the goal to make the building usable but more so to further the conversion of the parcel from residential to industrial. Commissioner Gairaud said that he appreciates that but he also understands the applicant's financial constraints in making that happen and understands his desire in keeping it as a block or facade of some kind. He said he is looking at other options and not just one. Commissioner Rocha said that it appears from one exhibit that there is a trailer or container on the driveway. Is it still there? Chair Ebner re-opened the Public Hearing for Agenda Item No. 2. Mr. Brandon Clark, Applicant: • Advised that he had the previous owner remove everything from the property. • Agreed that there may have been one or two storage containers but they are now gone. • Added that it is completely just an open concrete pad there now. Chair Ebner thanked Mr. Brandon Clark for this clarification and re-closed the Public Hearing for Agenda Item No. 2. Chair Ebner: • Gave an overview to this point. • Said that this is an industrial area. • Suggested that maybe a condition should be added that requires the demolition of the house within one year. That seems to be where the Commission is heading. • Said that he is still not clear if the parking requirement is being met, as it appeared the site was two spaces short. Planning Intern Stephen Rose said that the requirement has not yet been met but a revised site plan would be required. Chair Ebner said that a couple of issues remain. The site is a couple of parking spaces short. There is a house on the property that needs to be brought up to Code with a new roof and fresh paint. Commissioner Gibbons said that she is amiable to the project with the understanding of an eight-foot fence height; an added condition for two more parking spaces; and an added condition requiring the building to be torn down in one year. Commissioner Alderete: • Said that Condition 17 already deals with parking and driveways. Campbell Planning Commission Minutes for January 13, 2009 Page 12 • Added that the issue for him is the timeline for bringing the structures up to Code or demolishing them. • Reminded that the applicant says it is his intention to tear them down. • Stated his belief that one year might not be enough time and perhaps more time can be allowed for the applicant to decide whether to tear down or bring up these buildings to Code. Chair Ebner asked Commissioner Alderete if he has a recommendation for time. Commissioner Alderete said 24 months. Commissioner Rocha reminded that the applicant has agreed to paint immediately. That would help in the short term in reducing blight. Commissioner Gairaud said that he agrees that more time is reasonable. Chair Ebner reiterated the issues being the eight-foot fence height; requiring the parking spaces be met; either demolish the house or bring it to Code within 24 months; and have the house repainted immediately upon approval of the Use Permit. The re- roofing of the house will not be required. Motion: Upon motion of Commissioner Gairaud, seconded by Commissioner Alderete, the Planning Commission adopted Resolution No. 3923 approving a Conditional Use Permit (PLN2008- 137) to allow the establishment of a contractor's storage yard on property owned by Mr. Stanley Wilson located at 854 S. McGlincy Lane, with the following amendments: • Amend Condition 12 requiring that the existing structures be repainted; • Modify Condition 4 so that the action on the structures must be achieved within 24 months (bring to Code or demolish) of this approval; • Condition that if the structures are not either brought to Code standards or demolished within the 24-month period, the Use Permit shall expire and the outdoor storage use must be terminated; by the following roll call vote: AYES: Alderete, Ebner, Gairaud, Gibbons and Rocha NOES: None ABSENT: Roseberry ABSTAIN: None Chair Ebner advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** January 15, 2009 Brandon Clark 257 Barbara Drive Los Gatos, CA 95032 Re: PLN2008-137 - 854 S. McGlincy Avenue -Use Permit Dear Applicant: Please be advised that at its meeting of January 13, 2009, the Planning Commission Adopted Resolution No. 3923 granting a Conditional Use Permit (PLN2008-137) to allow the establishment of a contractor's storage yard on the above reference property. This action is effective in ten calendar days, unless appealed in writing to the City Clerk by 5 p.m. c,n Friday, January 22, 2009. 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. Sincerely, Stephen Rose Planning Intern cc Tim J. Haley, Acting Principal Planner Ed Arango, Associate Engineer Frank Mills, Senior Building Inspector Chris Veargason, Deputy Fire Marshall, II Stanley Wilson (Prop Owner), 854 S. McGlincy Lane, Campbell, CA 95008 RESOLUTION NO. 3923 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2008-137) TO ALLOW THE ESTABLISHMENT OF A CONTRACTOR'S STORAGE YARD ON PROPERTY OWNED BY MR. STANLEY WILSON LOCATED AT 854 S. McGLINCY LANE IN AN M-1- S (LIGHT INDUSTRIAL) ZONING DISTRICT. APPLICATION OF MR. BRANDON CLARK. FILE NO.: PLN2008-137. 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 PLN2008-137. 1. The proposed conversion of an existing structure and accessory garage from residential to industrial storage use is consistent with the Light Industrial General Plan land use designation. 2. The proposed industrial storage use will be compatible with the M-1 (Light Industrial) zoning designation with approval of a Conditional Use Permit. 3. The project site consists of a 0.28 gross acre parcel currently developed with a single story residential building and accessory garage. 4. The project provides 4 parking spaces where a minimum of 6 parking spaces are required. The applicant shall be required to submit a final site plan indicating the provision of 6 parking spaces. 5. The project includes a wall height of 10' when a maximum of 8' is permitted (CMC §21.36.160 -Outdoor storage). The applicant shall be required to submit a final development plan displaying a wall height of no more than 8'. 6. The subject property is located to the east of Highway 17 on the eastern side of S. McGlincy Lane, north of Curtner Avenue and just south of S. McGlincy Lane's intersection with Cristich Lane. 7. The site is currently improved with a single story residential building and accessory garage previously occupied by Wilson Concrete starting in 2005. The property was annexed into the City of Campbell in 1958 and is zoned M-1 (Light Industrial). The project is surrounded by industrial uses on all sides. 8. The proposed project is consistent with other developments and uses in the surrounding area. 9. The hours of operation shall be restricted to 6:00 a.m. to 11:00 p.m., Monday through Friday. Planning Commission Resc,~ution No. 3923 PLN2008-137-854 S. McGlincy Lane-Conditional Use Permit -Contractor's Storage Yard Page 2 10. The project qualifies as a Categorically Exempt under Section 15303, Class 3 of the California Environmental Quality Act (CEQA), pertaining to New Construction or Conversion of Small Structures. 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 project, as conditioned, will aid in the harmonious development of the immediate area. 4. The proposed site is adequate in terms of size and shape to accommodate the fences and walls, landscaping, parking and loading facilities, yards, and other development features required in order to integrate the use with uses in the surrounding area. 5. The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic the use would be expected to generate. 6. 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. 7. 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. 8. 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. 9. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. 10. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. Planning Commission Reso~~,tion No. 3923 PLN2008-137-854 S. McGlincy Lane-Conditional Use Permit -Contractor's Storage Yard Page 3 THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional Use Permit (PLN2008-137) to allow the establishment of a contractor's storage yard on property owned by Mr. Stanley Wilson located at 854 S. McGlincy 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. COMMUNITY DEVELOPMENT DEPARTMENT Planning Division: 1. Declaration of Acceptance of All Conditions: Within thirty (30) days of Planning Commission approval, the applicant 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. 2. Approved Project: Approval is granted for a Conditional Use Permit (PLN2008-137) to allow the establishment of a contractor's storage yard and the conversion of an existing structure and accessory garage from residential to industrial storage on property located at 854 S. McGlincy Lane. The project shall substantially conform to the project plans and project description as specified below, except as may be modified by the conditions of approval contained herein. a. Project Plans (PLN2008-137), stamped as received by the Community Development Department on November 25th, 2008. b. Operational Statement (PLN2008-137), stamped as received by the Community Development Department on October 16th, 2008. Planning Final Required: 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. 4. 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. Action on the part of the applicant on the existing structures, either bringing them up to current Code standards or demolishing them, shall occur within 24 months of the Conditional Planning Commission Reso~ution No. 3923 PLN2008-137-854 S. McGlincy Lane-Conditional Use Permit -Contractor's Storage Yard Page 4 Use Permit activation. If this does not occur, the Use Permit shall expire at that time and the outdoor storage use must be terminated. 5. Revocation of Permit: Operation of the use in violation of the Conditional Use Permit or any standards, codes, or ordinances of the City of Campbell shall be grounds for consideration of revocation of the Conditional Use Permit by the Planning Commission. 6. Operational Hours: The hours of operation shall be restricted to 6:00 a.m. to 11:00 p.m., Monday through Friday. At no time shall business related activity occur between the hours of 11:00 p.m. and 6:00 a.m. 7. 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. 8. Si na 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. 9. Revised Site Plan: The applicant shall submit two copies of a revised site plan indicating two additional parking spaces and displaying the reduced wall height to the 8' allowed as specified in Chapter 21.36.160 of the Campbell Municipal Code. 10. Landscape Plan: The applicant shall submit two copies of a landscape plan, prior to the issuance of building permits, for review and approval by the Community Development Director. The plan shall show the type of trees, size of trees and tree planting detail and irrigation details. The landscape plan shall substantially conform to the approved site plan and the City's Water Efficient Landscaping Standards (WELS). The landscaping shall be installed prior to the final inspection completed by the Planning Department 11. Landscape Maintenance: The owner/operator of the property shall provide on-going maintenance of the existing on-site landscaping. 12. Repaint of Existing Structures: The applicant shall immediately repaint the proposed storage buildings to the satisfaction of the Community Development Director. 13. On-Site Lighting: Any proposed on-site lighting shall be shielded away from adjacent properties and directed on site. The design and type of lighting fixtures and lighting intensity of any exterior lighting shall be reviewed and approved by the Community Development Director, prior to issuance of a building permit. Lighting fixtures shall be of a decorative design to be compatible with the development and shall incorporate energy saving features. Planning Commission Reso~ution No. 3923 PLN2008-137-854 S. McGlincy Lane-Conditional Use Permit -Contractor's Storage Yard Page 5 14. Trash Enclosure: The applicant shall obtain a building permit and construct a trash enclosure for the storage of all refuse containers. The trash enclosure shall comply with the requirements set forth in Section 21.18.110 of the Campbell Zoning Code. 15. Location of Mechanical Equipment: No roof-mounted mechanical equipment (i.e. air conditioning units, ventilation ducts or vents), shall be added to the existing building without providing screening of the mechanical equipment from public view and surrounding properties. The screening material and method shall be architecturally compatible with the building and requires review and approval by the Community Development Director and Building Division prior to installation of such screening. 16. Noise: a. Noise Standard: Any noises, sounds and/or voices, including but not limited to amplified sounds, loud speakers, sounds from audio sound systems, and/or music, generated by the subject use shall not be audible to a person of normal hearing capacity from any residential property. Public address systems of all types are strictly prohibited. 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. 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. A total of 11 parking spaces will be provided. 18. Construction Activities: The applicant shall abide by the following requirements during construction: a. Construction activities shall be limited to weekdays between 8:00 a.m. and 5:00 p.m. and Saturdays between 9:00 a.m. and 4:00 p.m. No construction shall take place on Sundays or holidays unless an exception is granted by the Building Official. b. Truck routes to and from the construction site should be established and submitted to the City for review and approval prior to issuance of a building permit. These truck routes shall avoid access to the project site via residential streets where possible. c. All construction equipment with internal combustion engines used on the project site shall be properly muffled and maintained in good working condition. d. Unnecessary idling of internal combustion engines shall be strictly prohibited. Planning Commission Reso~ucion No. 3923 PLN2008-137-854 S. McGlincy Lane-Conditional Use Permit -Contractor's Storage Yard Page 6 e. All stationary noise-generating construction equipment, such as air compressors and portable power generators, shall be located as far as possible from noise- sensitive receptors such as existing residences and businesses. f. Prior to the issuance of building permits, the project site shall be posted with the name and contact number of the lead contractor and construction hours in a location visible from the public street so that the contractor can be made aware of noise complaints. g. Enclose, cover, water twice daily or, or apply (non-toxic) soil stabilizers to exposed stockpiles (dirt, sand, etc.). Building Division: 19. Permits Reauired: A building permit application shall be required for the proposed conversion of the existing structure from residential use to commercial use. The City of Campbell has no record of the Dwelling being legally converted to commercial use. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 20. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 21. Size of Plans: The size of construction plans submitted for building permits shall be 24 inches by 36 inches. 22. 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. 23. Structural Considerations: This proposed project is subject to structural upgrades predicated on the change in use from residential to commercial use. Project Architect/Engineer shall verify the existing structure's ability to support commercial loading values, and where necessary, shall call for structural improvements. 24. 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. 25. Exterior Wall Construction: Project Architect/Engineer shall examine the existing structure for locations of exterior walls in relationship to property lines. Wall construction requirements for commercial uses are typically more restrictive that for residential uses. (Refer to Table 5-A, of the Current Uniform Building Code) Planning Commission Res~~u~ion No. 3923 PLN2008-137-854 S. McGlincy Lane-Conditional Use Permit -Contractor's Storage Yard Page 7 26. 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. 27. Special Inspections: When a special inspection is required by C.B.C. Chapter 17, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the building permits, in accordance with C.B.C Appendix Chapter 1, Section 106. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 28. Non-Point Source: The City of Campbell, standard Santa Clara Valley Non-point Source Pollution Control Program specification sheet shall be part of plan submittal. The specification sheet (size 24" X 36") is available at the Building Division service counter. 29. Title 24 Accessibility -Commercial: On site general path of travel shall comply with the latest California Title 24 Accessibility Standards. Work shall include but not be limited to accessibility to building entrances from parking facilities and sidewalks. 30. 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. 31. PG&E: Applicant is advised to contact Pacific Gas and Electric Company as early as possible in the approval process. Service installations, changes, and/or relocations may require substantial scheduling time and can cause significant delays in the approval process. Applicant should also consult with P. G. & E. concerning utility easements, distribution pole locations and required conductor clearances. 32. Approvals Required: The project requires the following agency approval prior to issuance of the building permit: a. West Valley Sanitation District b. Santa Clara County Fire Department Fire Department: 33. Required Fire Flow: The fire flow for this project is 1500 gpm at 20 psi residual pressure. The adjusted fire flow is available from area water mains and fire hydrant(s) which are spaced at the required spacing. 34. Fire Apparatus (Engine) Access Roads Required: Provide access roadways with a paved all weather surface, a minimum unobstructed width of 12 feet, vertical clearance of 13 feet 6 inches, minimum circulating turning radius of 36 feet outside and 23 inside, Planning Commission Resolution No. 3923 PLN2008-137-854 S. McGlincy Lane-Conditional Use Permit -Contractor's Storage Yard Page 8 and a maximum slope of 15%. Installations shall conform with Fire Department Standard Details and Specification sheet D-1. 35. Emeraency Gate/ Access Gate Requirements: Gate installations shall conform with Fire Department Standard Details and Specification G-1 and, when open shall not obstruct any portion of the required width for emergency access roadways or driveways. Locks, if provided, shall be Fire Department approved prior to installation. PASSED AND ADOPTED this 13th day of January, by the following roll call vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: Alderete, Ebner, Gairaud, Gibbons and Rocha None Roseberry None APPROVED: ATTEST: ~~~'-e~.p Ciddy Wordell, Acting Secretary