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PC Res 4193RESOLUTION NO. 4193 BEING A RESOLUTION OF THE PLANNING COMMISSION DENYING AN APPEAL (PLN2014-346) AND UPHOLDING AN ADMINISTRATIVE PLANNED DEVELOPMENT PERMIT (PLN2013- 229) TO ALLOW AN EXISTING PHILANTHROPIC COLLECTION TRAILER AND RECYCLING FACILITY (SMALL COLLECTION FACILITY) WITHIN THE CAMPBELL PLAZA SHOPPING CENTER LOCATED AT 2341 S. WINCHESTER BOULEVARD. After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. The Planning Commission finds as follows with regard to file number PLN2013-229 and PLN2014-346: 1. The project site has a P-D (Planned Development) Zoning District designation. 2. The project site has a Central Commercial General Plan designation. 3. The project site is a commercial shopping center located near residential uses. 4. A philanthropic collection trailer use is consistent with the Zoning and General Plan designation with approval of an Administrative Planned Development Permit. 5. A recycling facility (small collection facility) use is consistent with the Zoning and General Plan designation with approval of an Administrative Planned Development Permit. 6. No expansion of the multiple-tenant buildings is proposed. 7. The project site has 672 commercial parking spaces provided in surface lots. Given the mix of uses on the site, the total provided parking is sufficient to meet the parking demand of all approved uses on the site. 8. Although the recycling facility use has the potential for noise impacts, the operating hours of the recycling facility are limited to 9:00 a.m. to 5:00 p.m., four days a week. These are typical commercial business hours during which deliveries and other noise- generating activities would normally be expected to occur. 9. Location of a philanthropic collection trailer and recycling facility within the shopping center's loading dock area will minimize noise and visual impacts. The loading dock is the area within the shopping center where trucking, deliveries, and other higher- intensity uses are intended to occur. In addition, this area is screened from the adjacent street by an approximately 15-foot tall concrete block wall. 10. Project conditions are incorporated to further reduce noise impacts, including prohibiting the crushing of glass and limiting the methods of transferring glass and other materials. Planning Commission Resolution No. 4193 2341 S. Winchester Blvd. Denying an Appeal (PLN2014-272) & Upholding Administrative Approval (PLN2013-229) Page 2 of 3 11. Project conditions are incorporated to further reduce visual impacts, including prohibiting tents and other temporary structures, and requiring prompt removal of trash, debris, and after-hours donations. 12. Loitering may be associated with the recycling facility use. State law requires the on- site supermarket to provide a recycling facility within a 0.5 mile radius or accept recyclable materials and provide CRV rebates within the store itself. As a result, a recycling use is likely to continue on the site (in-store) even without approval of a stand-alone recycling facility. As conditioned, the project applicant is required to maintain an adequate security presence and employ other measures as necessary to prevent loitering. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 13. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 14. The proposed project is consistent with the General Plan and will aid in the harmonious development of the immediate area; 15. The proposed development or uses clearly will result in a more desirable environment and use of land than would be possible under any other zoning district classification; 16. 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; 17. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or of the city as a whole; and 18. This project is Categorically Exempt under Section 15301 of the California Environmental Quality Act (CEQA), pertaining to the operation and leasing of an existing private structure or facility. Planning Commission Resolution No. 4193 2341 S. Winchester Blvd. Denying an Appeal (PLN2014-272) & Upholding Administrative Approval (PLN2013-229) Page 3 of 3 THEREFORE, BE IT RESOLVED that the Planning Commission has denied an appeal (PLN2014-346) and upheld an Administrative Planned Development Permit (PLN2013- 229) on property located at 2341 S. Winchester Blvd., subject to the attached Conditions of Approval (attached Exhibit "A"). PASSED AND ADOPTED this 10th day of February, 2015, by the following roll call vote: AYES: Commissioners: Finch, Kendall, Rich Young, and Dodd NOES: Commissioners: None ABSENT: Commissioners Reynolds ABSTAIN: Commissioners: None APPROVED I ATTEST: Paul Ke r~noyan, Secretary Pamela Finch Ch it EXHIBIT A CONDITIONS OF APPROVAL Denying an Appeal (PLN2014-346) and Upholding an Administrative Approval (PLN2013-229) 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 Approved Proiect: Approval is granted for an Administrative Planned Development Permit (PLN2013-229) to allow a philanthropic collection trailer and recycling facility (small collection facility) within an existing shopping center located at 2341 S. Winchester Blvd. The project shall substantially conform to the Project Plans received by the Planning Division on April 18, 2014, and the Project Description received by the Planning Division on August 27, 2013, except as may be modified by the Conditions of Approval contained herein. 2. Approval Expiration: The Administrative Planned Development Permit approval for a philanthropic collection trailer and recycling facility (small collection facility) shall be valid in perpetuity with continued operation of the use. Abandonment, discontinuation, or ceasing of operation for a period exceeding 12 months shall result in the voiding of the Administrative Planned Development Permit approved herein. 3. Revocation of Permit: Operation of philanthropic collection trailer and recycling facility (small collection facility) use pursuant to the Administrative Planned Development Permit and Parking Modification Permit approved herein is subject to Chapter 21.68 of the Campbell Municipal Code authorizing the appropriate decision making body to modify or revoke an Administrative Planned Development Permit if it is determined that its operation has become a nuisance to the City's public health, safety or welfare or for violation of the Administrative Planned Development Permit or any standards, codes, or ordinances of the City of Campbell. At the discretion of the Community Development Director, if the establishment generates three (3) verifiable complaints related to violations of conditions of approval and/or related to its operation within a six (6) month period, a public hearing may be scheduled to consider modifying conditions of approval or revoking the Administrative Planned Development Permit. The Community Development Director may commence proceedings for the revocation or modification of permits upon the occurrence of less than three (3) complaints if the Community Development Director determines that the alleged violation warrants such an action. 4. Operational Parameters: Consistent with the submitted Project Descriptions, any business operating pursuant to the Administrative Planned Development Permit shall be required to conform to the following operational parameters. Significant deviations from these parameters (as determined by the Community Development Director) shall Conditions of Approval 2341 S. Winchester Blvd. Denying an Appeal (PLN2014-272) & Upholding Administrative Approval (PLN2013-229) Page 2 of 3 require approval of a Modification to the Administrative Planned Development Permit approved herein. d. Approved Use: The approved use is a philanthropic collection trailer which also serves as a recycling facility ("small collection facility" as defined by the Campbell Municipal Code). Additional business activity is prohibited. e. Location: The approved use shall be located within the shopping center's screened loading area along Nido Drive. The trailer shall be located behind the existing concrete block wall in a manner which does not obstruct loading for Safeway. f. Hours of Operation: Operational hours shall be limited to the following: ^ Collection of philanthropic donations: 9:00 a.m. to 5:30 p.m. daily ^ Collection of CRV recvclable items: Wednesday through Saturday from 9:00 a.m. to 5:00 p.m. g. Noise: Outdoor speakers are prohibited. Crushing or processing glass and other recyclable materials on-site is prohibited. Additional measures shall be taken to minimize noise resulting from the recycling use, including the following: ^ Employees shall place glass items into barrels carefully to minimize dropping and breakage; ^ To the extent possible, employees shall encourage customers to transfer glass and other materials carefully without dumping out containers; ^ When full, recycling barrels shall be hauled away without emptying the barrels on-site. h. Small Facility: The recycling use shall remain consistent with the definition of a "small collection facility," including occupying an area of no more than 350 square feet. Any modification or expansion shall be subject to review by the Community Development Director. i. Structures: The use of tents and other temporary structures is prohibited. Permanent structures shall be subject to review by the Community Development Director. j. Loitering: There shall be no loitering allowed in the area surrounding the trailer, in the parking lot, or along the property's frontages. The business owner and property owner are responsible for monitoring the premises to prevent loitering. Increased security patrols, and other measures as appropriate, shall be used to reduce the incidence of loitering on the property. k. Storage of Trailer: At the close of business hours, the trailer shall either be removed from the site or be closed and secured to prevent unauthorized entry. All Conditions of Approval 2341 S. Winchester Blvd. Denying an Appeal (PLN2014-272) & Upholding Administrative Approval (PLN2013-229) Page 3 of 3 barrels, recyclables, donated items, signage, and other materials associated with the use shall be stored within the closed trailer or removed from the site. I. After-Hours Donation /Dumping: The business owner and property owner are responsible for monitoring the site after business hours and promptly removing any after-hours donations or dumped items. More frequent security patrols, cameras, posted signage on the trailer, or other appropriate measures shall be taken to discourage after-hours donation and facilitate prompt removal of dumped materials. m. Trash and Debris: The business owner and property owner are responsible for maintaining the exterior areas of the business in a neat and clean manner, free from graffiti, trash, rubbish, posters, stickers, shopping carts, and abandoned or dumped items. Exterior areas of the business shall include not only the immediate vicinity of the trailer but also the loading dock area, parking lot, private landscape areas, and the public right-of-way adjacent to the site. n. Trash Disposal and Clean-Up Hours: All trash disposal, normal clean-up, sidewalk sweeping, etc., shall occur between the hours of 6:00 a.m. and 11:00 p.m. o. Smoking: "No Smoking" signs shall be posted on the premises in compliance with CMC 6.11.060. 5. Property Maintenance: All exterior areas are to be maintained free from graffiti, trash, rubbish, posters and stickers. Exterior areas of the business shall include the parking lot, private landscape areas, and the public right-of-way adjacent to the site. Trash receptacles shall be maintained within their approved enclosures at all times. 6. Landscape Maintenance: All landscaped areas shall be continuously maintained in accordance with City Landscaping Requirements (CMC 21.26). Landscaped areas shall be watered on a regular basis so as to maintain healthy plants. Landscaped areas shall be kept free of weeds, trash, and litter. Dead or unhealthy plants shall be replaced with healthy plants of the same or similar type. 7. Signs: New signage shall not be installed prior to approval of a sign permit as required by Chapter 21.53 of the Campbell Municipal Code. 8. Parking and Driveway: All parking and driveway areas shall be maintained in compliance with the standards in Chapter 21.28 (Parking & Loading) of the Campbell Municipal Code. 9. Outdoor Storage: No outdoor storage is permitted on the subject property. No equipment, materials or business vehicles shall be parked and/or stored outside the building or within the parking lot, with the exception of the philanthropic collection trailer as specified in Condition of Approval #4.h.