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Admin PD - Unit 213 - 2009January 28, 2010 Zia Matthew Simon 2527 S. Winchester Blvd. Campbell, CA 95008 Re: File No: PLN2009-166 Address: 1550 S. Winchester Blvd. Application: Administrative Planned Development Permit Dear Mr. Simon, On January 26, 2010 the Community Development Director conditionally approved your Administrative Planned Development Permit to allow the establishment of an automotive retail office within an existing office building on property located at the above referenced property in the C-PD (Condominium Planned-Development) Zoning District. This approval is subject to the attached Conditions of Approval. This action is effective in ten calendar days, unless appealed in writing to the City Clerk by 5:00 p.m. on February 5, 2010. Please note that pursuant to Planning Division Condition of Approval #1, a signed copy of the attached Conditions of Approval must be received by the Planning Division within thirty days of the Community Development Director's decision. If you should have any questions regarding this approval, please do not hesitate to contact me at (408) 866-2193 or by email at danielf(a;cit~!ofcampbell.com. Sincerely Daniel Fama Assistant Planner encl: Conditions of Approval for File No. PLN2009-166 cc: Paul Kermoyan, Planning Manager CONDITIONS OF APPROVAL FOR FILE NO. PLN2009-166 SITE ADDRESS: 1550 S. Winchester Blvd., Ste. 213 APPLICANT: Zia Matthew Simon DATE: January 26, 2010 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 Declaration of Acceptance of All Conditions: Within thirty (30) days of Community Development Director Approval, the applicant and all parties in interest shall sign one (1) copy of the final, approved set of Conditions of Approval. Until said Conditions are signed, the approved Administrative Planned Development Permit shall not be valid for any permits sought from the City. Acknow ged & Accepted: q / 215,~a' is Matthew Simon Date 2. Approved Project: Approval is granted for an Administrative Planned Development Permit (PLN2009-166) for establishment of a new automotive retail office located 1550 S. Winchester Blvd., Ste. 213. The project shall substantially conform to the project plans and operational description dated as received by the Planning Division on December 21, 2009, except as maybe modified by the conditions of approval contained herein. 3. Outdoor Display: No outdoor display of vehicles is permitted on the subject property, unless otherwise required by the Department of Motor Vehicles. 4. Business License Required: The use approved herein shall not be established until issuance of a Business License has been granted. DMV License: Applicant shall obtain the appropriate Vehicle Dealer's License from the Department of Motor Vehicles prior to establishment of the use. Page 1 6. Transferability: Prior to issuance of a business license pursuant to this Administrative Planned Development Permit, applicant shall be required to a sign the final approved set of Conditions of Approval. 7. Administrative Planned Development Permit Approval Expiration: The Administrative Planned Development Permit approval shall be valid for one year from the date of final approval. Within this one-year period, a business license must be obtained and the use established on the property and all conditions of approval fulfilled. Failure to meet this deadline will result in the Administrative Planned Development Permit being void. 8. Revocation of Permit: Operation of the use in violation of the Administrative Planned Development Permit or any standards, codes, or ordinances of the City of Campbell shall be grounds for consideration of revocation of the Administrative Planned Development Permit by the Community Development Director. 9. Business Hours: The hours of business shall be restricted to Monday through Sunday from 6:00 a.m. to 11:00 p.m., exclusive of the customary and reasonable use of the office (non-customer related). 10. 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. 11. Si~nage: 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. Building Division 12. PERMITS REQUIRED: A building permit application shall be required for the any proposed tenant improvements in the (e) commercial structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 13. CONSTRUCTION PLANS: The conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 14. SIZE OF PLANS: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. 15. 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. 16. 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. Page 2 17. 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. 18. 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. 19. 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. 20. 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. 21. 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. 22. APPROVALS REQUIRED: The project requires the following agency approval prior to issuance of the building permit: • Santa Clara County Fire Department 23. P.G.& E.: Applicant is advised to contact Pacific Gas and Electric Company as early as possible in the approval process. Service installations, changes and/or relocations may require substantial scheduling time and can cause significant delays in the approval process. Applicant should also consult with P.G. and E. concerning utility easements, distribution pole locations and required conductor clearances. Page 3 ADMINISTRATIVE ACTION OF THE COMMUNITY DEVELOPMENT DIRECTOR January 26, 2010 PLN2009-166 Application of Zia Matthew Simon for consideration of an Simon, Z. Administrative Planned Development Permit (PLN2009-166) for establishment of a new automotive retail office in an existing office building on property owned by Donald E. Raymond located at 1550 S. Winchester Blvd., Ste. 213 in a C-PD (Condominium Planned Development) Zoning District. STAFF RECOMMENDATION That the Community Development Director takes the following action: 1. Approve the Administrative Planned Development Permit (PLN2009-166), incorporating the attached findings, to allow establishment of an automotive retail office, subject to the attached conditions of approval. ENVIRONMENTAL DETERMINATION Staff recommends that the Community Development Director find that this project is Categorically Exempt under Section 15061(a)(3) of the California Environment Quality Act (CEQA), pertaining to activities that will not result in a direct or reasonably foreseeable indirect physical change to the environment. PROJECT DATA Type Proposal Allowance/Requirement Compliance ~~'~) General Plan Designation General Commercial No Chan e Y Zone District Designation Condominium Planned No Change Y Development Net Lot Area 15,400 s uare feet N/A Y Building Area 6,000 sq ft. N/A N/A Total Building area: 196 sq. ft. Tenant Space: Site Utilization 3,000 sq. ft. N/A N/A Building Coverage: 1 848 sq. ft. Landscape Coverage: , Paving Coverage: 10,552 S . ft. Floor Area Ratio (FAR) ,38 N/A N/A Parking 30 spaces (1:200 sq. ft.) 27 spaces (1:225 sq. ft.) Y Tenant Space Portion: 3 spaces (1:225 + 2 3 spaces dis la s aces) Landscape/Trees N/A N/A N/A Administrative Planned Development Permit Page 2 PLN2009-166 - 1550 S. Winchester Blvd. ANALYSIS Considerations in review of a lication (CMC § 21.42.040) Y/N 1. Will the traffic generated from the development avoid adverse affects on traffic conditions on Y abuttin streets? 2. Does the layout of the site provide adequate vehicular and pedestrian entrances, exit driveways, Y and walkways'? 3. Will the arrangement of off-street parking facilities prevent traffic congestion and adequately Y meet the demands of the users'? 4. Will the location, height, and material of walls, fences, hedges and screen plantings ensure Y harmony with adjacent development and/or conceal storage areas, utility installations, or other otentiall unsi htl elements of the ro'ect? 5. Does the project maximize open space around the structures, for access to and around structures, Y and the establishment and maintenance of landsca in for aesthetic and screenin u oses'? 6. Does the project minimize the unnecessary destruction of existing healthy trees? Y 7. Will the project enhance the overall appearance of the city by improving the appearance of Y individual develo ment ro ects within the cit ? 8. Will the project complement the surrounding neighborhoods and produce an environment of Y stable and desirable character? 9. Does the project enhance the city's character and avoid an adverse aesthetic impact upon Y existin ad'oinin ro erties, the environment, or the cit in eneral? 10. Will the project promote the use of sound design principles that result in creative, imaginative Y solutions and establish structures of quality design throughout the city and which avoid monotony and mediocrit of develo ment? 11. Will the project promote maintenance of the public health, safety, general welfare, and Y ro erty throu hout the cit ? 12. Is the project consistent with the city's general plan and all applicable design guidelines and Y s ecial lans? If the answer is "No" to any of the above, list the number and response as to how the project can apply with the applicable considerations required pursuant to CMC § 21.42.040. Number Res onse Materials/Use Description The applicant proposes a new auto retail office in an existing office building. Public Comments Received Explanation/Response None Administrative Planned Development Permit PLN2009-166 - 1550 S. Winchester Blvd. Page 3 Attachments: 1. Findings for Approval 2. Conditions of Approval 3. Project Plans 4. Operational Description 5. Location Map Prepared by: ~~1~ ~ ~" aniel Fama, Assistant Planner '--~ ~ ~~ l ~~w ,~ Approved by: ' 6, Paul Kerm6 an, Planning Manager Attachment #1 FINDINGS FOR APPROVAL OF FILE NO. PLN2009-166 SITE ADDRESS: 1550 S. Winchester Blvd., Ste. 213 APPLICANT: Zia Matthew Simon DATE: January 26, 2010 Findin s~pproval of an Administrative Planned Development Permit for the establishment of an automotive retail office on property located at 1550 S. Winchester Blvd, Ste. 213. The Community Development Director finds as follows with regard to file number PLN2009-166: 1. The subject property is zoned C-PD (Condominium Planned Development). 2. The General Plan designation of the subject property is General Commercial. 3. The project site has 30 shared parking spaces (1 space per 200 square feet), which is three additional spaces than required by the Parking and Loading Ordinance (27 @ 1:225 sq. ft.). 4. The 15,400 sq. ft. project site is located on S. Winchester Blvd. north of Hamilton Avenue. 5. The use is an administrative office for the purposes of conducting automotive retail transactions in compliance with DMV regulations. Pursuant to DMV regulations, the use would be reserved two parking spaces to serve as required display spaces. As conditioned, the applicant has agreed not to use the display spaces for the purpose of placing vehicles for sale. 6. The subject property is currently developed with amulti-tenant office building. 7. The hours of business shall be restricted from 6:00 a.m. to 11:00 p.m., daily. 8. This project is Categorically Exempt under Section 15061(a)(3) of the California Environment Quality Act (CEQA), pertaining to activities that will not result in a direct or reasonably foreseeable indirect physical change to the environment. Based upon the foregoing findings of fact, the Community Development Director further finds and concludes that: 9. The proposed development or uses clearly would result in a more desirable environment and use of land than would be possible under any other zoning district classification in that the proposed use provides a necessary service to the general public; 10. The proposed development would be compatible with the general plan and will aid in the harmonious development of the immediate area in that an automotive retail office is consistent and compatible with adjacent commercial uses; 11. The proposed development will not result in allowing more residential units than would be allowed by other residential zoning districts which are consistent with the general plan designation of the property in that the proposed use is not residential in nature; and 12. The proposed development would not be detrimental to the health, safety or welfare of the neighborhood or of the city as a whole in that the project, as proposed and conditioned, is harmonious with other existing uses in the subject building. Attachment #2 CONDITIONS OF APPROVAL FOR FILE NO. PLN2009-166 SITE ADDRESS: 1550 S. Winchester Blvd., Ste. 213 APPLICANT: Zia Matthew Simon DATE: January 26, 2010 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 Community Development Director Approval, the applicant and all parties in interest shall sign one (1) copy of the final, approved set of Conditions of Approval. Until said Conditions are signed, the approved Administrative Planned Development Permit shall not be valid for any permits sought from the City. Acknowledged & Accepted: Zia Matthew Simon Date 2. Approved Project: Approval is granted for an Administrative Planned Development Permit (PLN2009-166) for establishment of a new automotive retail office located 1550 S. Winchester Blvd., Ste. 213. The project shall substantially conform to the project plans and operational description dated as received by the Planning Division on December 21, 2009, except as may be modified by the conditions of approval contained herein. 3. Outdoor DisplaX: No outdoor display of vehicles is permitted on the subject property, unless otherwise required by the Department of Motor Vehicles. 4. Business License Required: The use approved herein shall not be established until issuance of a Business License has been granted. 5. DMV License: Applicant shall obtain the appropriate Vehicle Dealer's License from the Department of Motor Vehicles prior to establishment of the use. Attachment #2 Page 2 of 3 6. Transferability: Prior to issuance of a business license pursuant to this Administrative Planned Development Permit, applicant shall be required to a sign the final approved set of Conditions of Approval. 7. Administrative Planned Development Permit Approval Expiration: The Administrative Planned Development Permit approval shall be valid for one year from the date of final approval. Within this one-year period, a business license must be obtained and the use established on the property and all conditions of approval fulfilled. Failure to meet this deadline will result in the Administrative Planned Development Permit being void. 8. Revocation of Permit: Operation of the use in violation of the Administrative Planned Development Permit or any standards, codes, or ordinances of the City of Campbell shall be grounds for consideration of revocation of the Administrative Planned Development Permit by the Community Development Director. 9. Business Hours: The hours of business shall be restricted to Monday through Sunday from 6:00 a.m. to 11:00 p.m., exclusive of the customary and reasonable use of the office (non- customer related). 10. Propert~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. 11. 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. Building Division 12. PERMITS REQUIRED: A building permit application shall be required for the any proposed tenant improvements in the (e) commercial structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 13. CONSTRUCTION PLANS: The conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 14. SIZE OF PLANS: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. 15. 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. 16. 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. Attachment #2 Page 3 of 3 17. 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. 18. 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. 19. 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. 20. 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. 21. 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. 22. APPROVALS REQUIRED: The project requires the following agency approval prior to issuance of the building permit: • Santa Clara County Fire Department 23. P.G.& E.: Applicant is advised to contact Pacific Gas and Electric Company as early as possible in the approval process. Service installations, changes and/or relocations may require substantial scheduling time and can cause significant delays in the approval process. Applicant should also consult with P.G. and E. concerning utility easements, distribution pole locations and required conductor clearances.