Loading...
PC Res 4078RESOLUTION NO. 4078 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2012-35) TO ALLOW THE ESTABLISHMENT OF A TIRE SHOP (MOTOR VEHICLE PARTS AND SUPPLIES) WITHIN AN EXISTING COMMERCIAL BUILDING ON PROPERTY LOCATED AT 1311 CAMDEN AVENUE. 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 PLN2012-35: Environmental Finding 1. The project qualifies as a Categorically Exempt project under Section 15301 Class 1 of the California Environmental Quality Act (CEQA) pertaining to minor alterations to an existing private structure, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. Evidentiary Findings 1. The project site is located on the south side of Camden Avenue between White Oaks Avenue and Parsons Avenue. 2. The project site is zoned C-2 (General Commercial) as shown on the Campbell Zoning Map. 3. The project site is designated General Commercial as shown on the Campbell General Plan Map. 4. The project site is bordered by commercial uses to the north and west, and professional office uses to the east and south. 5. The project site was originally developed as a gasoline and service station circa 1965. 6. The project site is currently developed with one 2,100 square foot one-story commercial building. 7. The existing Floor Area Ratio (FAR) for the project site is .14 where the maximum allowable is .40. 8. The hours of operation shall be restricted to: • Business Hours: 7:30 AM to 6:30 PM, Monday -Saturday • Operational Hours: 7:00 AM to 7:00 PM, Monday -Saturday Planning Commission Resolution No. 4078 PLN2012-35 - 1311 Camden Avenue -Conditional Use Permit -Tire Shop Paae 2 9. The proposed site plan depicts that approximately 15 percent of the site is landscaped where a minimum 10 percent is required. 10. A minor exterior modification to the building is proposed to remove existing storefront glazing and replace with overhead bay doors consistent with the original 1965 exterior. 11. The proposed project would include 9 parking spaces, where 6 parking spaces are required by the City's Parking and Loading Ordinance. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The project will aid in the harmonious development of the immediate area. 2. The proposed project is consistent with the General Plan. 3. 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. 4. The project is consistent with applicable adopted design guidelines. 5. The proposed use will not create a nuisance due to litter, noise, traffic, vandalism, or other factors. 6. 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. 7. 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. 8. 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. 9. The establishment, maintenance, or operation of the proposed use at the location proposed will not be detrimental to the comfort, health, morals, peaces 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. 10. The proposed use will not significantly increase the demand on City services. Planning Commission Resolution No. 4078 PLN2012-35 - 1311 Camden Avenue -Conditional Use Permit -Tire Shop Page 3 THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional Use Permit (PLN2012-35) to allow the establishment of a tire shop (motor vehicle parts and supplies) within an existing commercial building on property located at 1311 Camden Avenue. The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions in accordance with the ordinances of the City of Campbell and the State of California. Where approval by the Community Development Director, City Engineer, Public Works Director, City Attorney, or Fire Department is required, that review shall be for compliance with all applicable Conditions of Approval, adopted policies and guidelines, ordinances, laws and regulations, and accepted engineering practices for the item under review. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified: COMMUNITY DEVELOPMENT DEPARTMENT Planning Division: 1. Approved Project: Approval is granted for a Conditional Use Permit with Site and Architectural Review (PLN2012-35) to establish a tire shop that includes a minor exterior remodel of an existing one-story 2,100 square foot commercial structure. The project shall substantially conform to the revised Project Plans and Applicant Written Statement, dated as received by the Planning Division on June 20, 2012, and February 6, 2012, respectively, except as may be modified by the conditions of approval herein. 2. Permit Expiration: The Conditional Use Permit with Site and Architectural Review (PLN2010-35) approval shall be valid for one (1) year from the date of final approval (expiring on July 20, 2013). Within this one-year period a building permit must be obtained. Failure to meet this deadline will result in the approval being rendered void. 3. Planning Final Required: Planning Division clearance is required 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. Operational Standards: The operation of the motor vehicle parts and supplies use (tire shop) shall be subject to the following operational standards. Non-compliance with these standards, or any other conditions of approval specified herein or any standards, codes, or ordinances of the City of Campbell or State of California shall be grounds for consideration of revocation of the Conditional Use Permit by the Planning Commission. Planning Commission Resolution No. 4078 PLN2012-35 - 1311 Camden Avenue -Conditional Use Permit -Tire Shop Page 4 a. Operational Hours: The hours that the use may be open to the public for shall be limited to 7:30 AM to 6:30 PM Monday through Saturday. The total business operating hours, when employees may be on site, shall be limited to 7:00 AM to 7:00 PM Monday through Saturday. b. Tire Installation and Alignment Activity: All work activity associated with the approved use shall occur completely within the enclosed structure. The service bay door may remain open during normal business hours. At no time shall tire installation, tire balancing, alignment services, or any other associated activity occur outdoors. c. Vehicle Storage: The overnight storage of vehicles is prohibited. Vehicles associated with the approved use are prohibited from parking on the public street. d. Noise: Unreasonable levels of noises, sounds and/or voices, including but not limited to amplified sounds from radio and loud speakers, the use of tools outdoors, or any unavoidable noise unrelated to the business activities on site shall not be audible to a person of normal hearing acuity from any residential property. In the event the city receives verifiable and repeated number of complaints pertaining to noise, the Planning Commission may review the Use Permit. Upon review, if the Planning Commission finds that there is substantial evidence that the use is creating unreasonable disturbance to the adjacent residents, the Planning Commission may take reasonable measures to mitigate such noise. e. Parking: The applicant shall provide nine parking spaces on site at all times. f. Property Maintenance: The property owner shall maintain all exterior areas of the business free from graffiti, trash, rubbish, posters and stickers placed on the property. g. Outdoor Storage: No equipment, materials or business vehicles shall be parked and/or stored outside or within the parking lot. h. Trash & Clean Up: All trash, normal clean up, carpet cleaning, etc. shall not be done in the late evening or early morning hours. All clean up and trash collection shall be done between 7:00 AM and 7:00 PM daily. Refuse and recycling containers shall be kept in the enclosure at all times except when being emptied by collection personnel. i. Landscape Maintenance: The owner/operator of the property shall provide on- going maintenance of the existing and proposed on-site landscaping. In accordance with the Tree Protection Ordinance (Chapter 21.32), all trees planted pursuant to this approval shall be considered "protected" and subject to the established removal requirements and restrictions. 5. Tire Recycling Enclosure: The tire recycling enclosure shall be architecturally compatible with the main structure. 6. Signs: No signage is permitted as part of the development application approved herein. New signage shall not be installed prior to approval of a sign permit as required by Chapter 21.30 of the Campbell Municipal Code. Planning Commission Resolution No. 4078 PLN2012-35 - 1311 Camden Avenue -Conditional Use Permit -Tire Shop Page 5 7. Construction Activities: The applicant shall abide by the following requirements during construction: a. The project site shall be posted with the name and contact number of the lead contractor in a location visible from the public street prior to the issuance of building permits. b. 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. 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. f. Construction equipment, vehicles, and workers associated with the development of the project shall not be permitted to park on any residential streets. g. Use dust-proof chutes for loading construction debris onto trucks. h. Water or cover stockpiles of debris, soil, and other materials that can be blown by the wind. i. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard. j. Sweep daily (with water sweepers) all paved access roads, parking areas, and staging areas at the construction site. k. Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets, as directed by the City Engineer. I. Enclose, cover, water twice daily or, or apply (non-toxic) soil stabilizers to exposed stockpiles (dirt, sand, etc.). 8. Location of Mechanical Equipment: All roof-mounted mechanical equipment (i.e. air conditioning units, ventilation ducts or vents), shall fully screened. 9. Utility Boxes and Back-Flow Preventers: The applicant shall submit a plan prior to installation of any PG&E transformers and San Jose Water Company back-flow preventers, if required, indicating the location of the facilities and screening (if the facilities are above ground) for review and approval by the Community Development Director. Building Division: 10. Permits Required: A building permit application shall be required for the proposed change in use of the existing commercial structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. Planning Commission Resolution No. 4078 PLN2012-35 - 1311 Camden Avenue -Conditional Use Permit -Tire Shop Page 6 11. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 12. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. 13. 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. 14. 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. 15. Title 24 Energy Compliance: California Title 24 Energy Compliance forms shall be blue-lined on the construction plans. 8'/s X 11 calculations shall be submitted as well. Compliance with the Standards shall be demonstrated for conditioning of the building envelope and lighting of the building. 16. ~ecial 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. 17. Non-point Pollution Control Program: 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. 18. 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. Van accessible parking is required. 19. 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. Planning Commission Resolution No. 4078 PLN2012-35 - 1311 Camden Avenue -Conditional Use Permit -Tire Shop Page 7 20. Approvals Required: The project requires the following agency approval prior to issuance of the building permit: a. West Valley Sanitation District (378-2407) b. Santa Clara County Fire Department (378-4010) c. Bay Area Air Quality Management District (Demolitions Only) 21. 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. COUNTY FIRE DEPARTMENT 22. Project Review: Review of the acceptability of site access and w operations, and shall not be const determine compliance with adopted applicant shall make application to; applicable construction permits. development proposal has been limited to Ater supply as they pertain to fire department ~ued as a substitute for formal plan review to model codes. Prior to performing any work the and receive from, the Building Department all 23. HAZMAT: Contact the HAZMAT division to determine requirements regarding automotive service facilities. Please call 408-378-4010. 24. California Fire Code: The facility shall comply with the requirements of CFC Chapter 25, as applicable, and CFC Chapter 2, Storage Group S, requirements for an S-3 Occupancy. 25. Bulk Tire Storage: Buildings and structures where the area for the storage of tires exceeds 20,000 cubic feet (566m3) shall be equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1 CFC Section 903.2.9.2. 26. Project Plans: Plans must clarify and provide detailed information regarding on-site storage of tires. All types of proposed automotive services must be noted on the plans, 27. Construction Fire Safety: All construction sites must comply with applicable provisions of the CFC Chapter 14 and the Standard Detail and Specification SI-7. 28. Premises Identification: Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their background. CFC Section 505. Planning Commission Resolution No. 4078 PLN2012-35 - 1311 Camden Avenue -Conditional Use Permit -Tire Shop Page 8 PASSED AND ADOPTED this 10th day of July, 2012, by the following roll call vote: AYES: Commissioners: Alster, Brennan, Resnikoff, Reynolds and Raseberry NOES: Commissioners: None ABSENT: Commissioners: Ebner and Gibbons ABSTAIN: Commissioners: None `~ L~~~'~ APPROVED: Theresa Alster, Chair ATTEST: ~-~--- Paul K moyan, Secretary