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
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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
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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.
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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.
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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.
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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.
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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
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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