PC Res 4162RESOLUTION NO. 4162
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE
PERMIT (PLN2014-150) TO ALLOW A WHOLESALE AND
RETAIL AUTOMOTIVE SALES USE ON PROPERTY LOCATED
AT 125 E. SUNNYOAKS AVENUE, UNIT 111.
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 file numbers PLN2014-150:
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 within an existing professional office center (Sunnyoaks
Executive Offices) at the northwest intersection of E. Sunnyoaks Avenue and San
Tomas Expressway
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 San
Tomas Expressway to the north.
5. The project site is located is developed with atwo-story multi-tenant commercial
building built in the early 1970's.
6. The proposed business is considered a "motor vehicle -sales (new and/or used)",
subject to approval of a Conditional Use Permit consistent with CMC 21.46.
7. The subject tenant space, Suite 111, is 260 square feet in gross floor area.
8. The hours of operation shall be restricted to:
• Business Hours: 9:00 AM to 5:00 PM, Monday -Friday (appointment only)
10:00 AM to 4:00 PM, Saturday and Sunday (appointment only)
• Operational Hours: 8:00 AM to 10:00 PM, Sunday -Saturday
Planning Commission Resolution No. 4162
PLN2014-150 - 125 E. Sunnyoaks Avenue -Conditional Use Permit
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9. The proposed wholesale and vehicle sales business results in a parking demand of
3.15 parking spaces; two of which shall be reserved for sales display purposes.
10. The center has a total of 56 spaces (53 standard; 3 accessible) shared by all tenants.
11. When calculating the parking demand of the entire center, there is a net surplus of
eight (8) parking spaces on the project site. As such, pursuant to the City's Parking
and Loading Ordinance, 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. 4162
PLN2014-150 - 125 E. Sunnyoaks Avenue -Conditional Use Permit
Page 3
THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional
Use Permit (PLN2014-150) to allow a wholesale and retail automotive sales use on
property owned by James Ball, located at 125 E. Sunnyoaks Avenue.
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:
Approved Project: Approval is granted for a Conditional Use Permit (PLN2014-150) to
allow a wholesale and retail automotive sales use on property owned by James Ball,
located at 125 E. Sunnyoaks Avenue 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 July 31, 2014, except as may be modified
by the Conditions of Approval contained herein.
2. Conditional Use Permit Expiration: The Conditional Use Permit approved herein shall
be valid for one year from the date of final approval (expiring September 7, 2015).
Within this one-year period, the wholesale and retail automotive sales use shall be
established on site. The entitlement approval shall be valid in perpetuity with
continued operation of the use. Abandonment, discontinuation, or ceasing of
operations for a continuous period of twelve months shall void the Conditional Use
Permit approved herein.
3. Sales Office: The sales office shall be limited to the 260 square feet tenant space
shown on the project plans. All on-site sales activity shall be by-appointment only.
4. DMV Retail License: At all times, use of the subject tenant space for vehicle display
will be contingent upon obtainment and maintenance in good standing of a California
DMV Retail Used Auto-Commercial or New/Used Auto-Commercial license.
5. Business License: A valid City business license shall be maintained at all times that
the business is in operation.
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
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
Planning Commission Resolution No. 4162
PLN2014-150 -125 E. Sunnyoaks Avenue -Conditional Use Permit
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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 are limited to
9:00 AM to 5:00 PM, Monday through Friday, and 10:00 AM to 4:00 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 6:00 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. Designated Parking: No more than two vehicles for sale shall be permitted on the
subject property at any time. Vehicles for sale shall be restricted to the two parking
spaces designated for display purposes, as denoted on the project plans with an "X".
12. 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.
13. 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.
14. 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.
l5. 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.
16. Vehicle Repair: No vehicle repair of any kind shall be permitted in association with the
wholesale and automotive retail sales use.
Planning Commission Resolution No. 4162
PLN2014-150 - 125 E. Sunnyoaks Avenue -Conditional Use Permit
Page 5
PASSED AND ADOPTED this 26th day of August, 2014, by the following roll call vote:
AYES: Commissioners: Dodd, Finch, Kendall, Resnikoff, Reynolds and Young
NOES: Commissioners: None
ABSENT: Commissioners Rich
ABSTAIN: Commissioners: None
APPROVED: / =--~ ~`?'L~~
-- Paul Resnikoff, Chair
_~_
ATTEST: '~ `~ ~---
Paul Kerr'noyan, Secretary