PC Res 4079RESOLUTION N0.4079
BEING A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL
USE PERMIT (PLN2012-105) TO ALLOW INDOOR
AUTOMOTIVE SALES AND WAREHOUSING OF VEHICLES
WITHIN A 1,970 SQUARE FOOT TENANT SPACE WITHIN AN
EXISTING MULTI-TENANT INDUSTRIAL BUILDING
LOCATED AT 371 E. McGLINEY LANE.
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 PLN2012-105:
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 north side of E. McGlincy Lane between Griffith
Lane and Campbell Technology Parkway.
2. The project site is zoned M-1 (Light Industrial) as shown on the Campbell Zoning
Map.
3. The project site is designated Light Industrial as shown on the Campbell General
Plan Map.
4. The project site is bordered by industrial uses to the south, east, and west, and
industrial and open space to the north.
5. The project site was originally developed in 1967.
6. The project site is currently developed with two multi-tenant industrial building totaling
13,200 square feet.
7. The existing Floor Area Ratio (FAR) for the project site is .50.
8. The proposed tenant space consists of 2,430 square feet and includes a 450 square
foot storage loft.
Planning Commission Resolution No. 4079
PLN2012-105 - 371 E. McGlincy Lane -Conditional Use Permit -Indoor Auto Sales
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9. The hours of operation shall be restricted to:
• Business Hours: 5:00 PM to 9:00 PM, Monday -Friday (appointment only)
9:00 AM to 9:00 PM, Saturday and Sunday (appointment only)
• Operational Hours: 8:00 AM to 10:00 PM, Sunday -Saturday
10. The change of use creates a parking demand of six parking spaces consistent with
the previously established use within Unit D. As such, pursuant to the City's Parking
and Loading Ordinance, there is no additional parking demand and adequate parking
exists on site.
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, 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.
10. The proposed use will not significantly increase the demand on City services.
Planning Commission Resolution No. 4079
PLN2012-105 - 371 E. McGlincy Lane -Conditional Use Permit -Indoor Auto Sales
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THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional
Use Permit (PLN2012-105) to allow indoor automotive sales and warehousing of
vehicles within a 1,970 square foot tenant space with an existing multi-tenant industrial
buiding located at 371 E. McGlincy Lane.
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:
Approved Project: Approval is granted for a Conditional Use Permit (PLN2012-105)
to establish indoor retail sales of automobiles within an existing vacant tenant, on
property owned by Bertrio Properties located at 371 E. McGlincy Lane (Unit D) in
the M-1 (Light Industrial) Zoning District. The project shall substantially conform to
the written business description and project plans received by the Planning Division
on May 4, 2012, except as may be modified by the Conditions of Approval contained
herein.
2. Approval Expiration: The Conditional Use Permit (PLN2012-105) approval shall be
valid for one (1) year from the date of final approval (expiring on August 30, 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. Sales Office: All on-site sales activity shall take place indoors within the existing
showroom/office space and shall be by-appointment only.
4. DMV Retail License: At all times, use of the subject tenant space for vehicle display
will be contingent on obtainment and maintenance in good standing of a California
DMV Retail Used Auto-Commercial or New/Used Auto-Commercial license.
5. Business License: A City business license will be required for the retail auto sales
component of MTC Management.
6. Used Motor Vehicle Permit: If used cars are to be sold from the premises under the
requested Conditional Use Permit, the business owner shall obtain a Used Motor
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Vehicle Permit from the City Council pursuant to Campbell Municipal Code Sec.
5.08.010(12) issued by the Campbell Police Department prior to the issuance of a
business license. The business owner may contact Cindy Campbell in the Police
Department at (408) 866-2121 to discuss steps necessary to secure this permit.
7. Sign Permit: An application for a sign permit from the Planning Division and building
permit from the Building Department will be required for all new signage.
8. Hours of Operation: The hours that the use may be open to the public for shall be
limited to 5:00 PM to 9:00 PM, Monday through Friday and 9:00 AM to 9:00 PM,
Saturdays and Sundays, by appointment only. The total business operating hours,
when employees may be on site, shall be limited to 8:00 AM to 10:00 PM daily.
9. On-Site Advertising: There shall be no form of temporary on-site advertising
associated with the retail auto sales business, including, but not limited to, flags,
strobe lights, banners, A-frames, and human sign advertisers.
10. Vehicle Advertising: Vehicles for sale shall only contain the minimum information
necessary as required by the Department of Motor Vehicles. Vehicles shall not be
advertised with painted letters or numbers, streamers, flags, or similar attention
grabbing contrivances.
11. 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.
12. 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 or any laws of the
State of California applicable to operation of the business, shall be grounds for
consideration of revocation of this approval by the Planning Commission.
13. 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.
14. 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.
15. Vehicle Repair: No repairs of any kind shall be performed to any vehicles at any time.
Planning Commission Resolution No. 4079
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Building Department
16. Permits Required: A building permit application shall be required for the proposed
new indoor automotive sales and storage use in the (e) commercial structure. The
building permit shall include Electrical/Plumbing/Mechanical fees when such work is
part of the permit.
17. Construction Plans: The Conditions of Approval shall be stated in full on the cover
sheet of construction plans submitted for building permit.
18. Size of Plans: The minimum size of construction plans submitted for building permits
shall be 24 in. X 36 in.
19. 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.
20. 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.
21. 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.
22. 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.
23. 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.
24. 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.
25.Approvals Required: The project requires the following agency approval prior to
issuance of the building permit:
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a. Santa Clara County Fire Department
b. West Valley Sanitation District
26. 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.
PASSED AND ADOPTED this 24th day of July, 2012, by the following roll call vote:
AYES: Commissioners: Alster, Gibbons, Resnikoff, Reynolds and Roseberry
NOES: Commissioners: None
ABSENT: Commissioners: Ebner and Brennan
ABSTAIN: Commissioners: None
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APPROVED: ~"~~•rir-~-
Theresa Alster, Chair
ATTEST:
Pa I K r oyan, Secretary