CC Resolution 11808RESOLUTION N0. 11808
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL UPHOLDING AN APPEAL OF AN ADMINISTRATIVE
PLANNED DEVELOPMENT PERMIT (PLN2013-229) TO ALLOW A
PHILANTROPIC COLLECTION TRAILER AND RECYCLING
FACILITY WITHIN AN EXISTING SHOPPING CENTER .ON
PROPERTY 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.
After due consideration of all evidence presented, the City Council did find as follows with
respect to application PLN2013-229:
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 use's 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. 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.
10. 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.
11. 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.
City Council Resolution Page 2 of 2
Upholding an Appeal ~
PLN2013-229- 2341 S. Winchester Boulevard '
Administrative Planned Development Permit
Based upon the foregoing findings of fact, the City Council further finds and concludes that:
1. The proposed project is consistent with the General Plan and will aid in the harmonious
development of the immediate area;
2. 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;
3. 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;
4. The proposed development will not be detrimental to the health, safety or welfare of the
neighborhood or of the city as a whole; and
5. 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.
THEREFORE, BE IT RESOLVED that the City Council upheld an appeal to approve 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, subject to the attached Conditions of Approval
(attached Exhibit "A").
PASSED AND ADOPTED this _5i
roll call vote:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
ABSTAIN: COUNCILMEMBERS
'? day of Mav , 2015, by the following
Resnikoff, Kotowski, Baker, Cristine
Gibbons
None
None
APPROVED:
ATTEST:
Wendy ood, Acting City Clerk
Conditions of Approval
PLN2013-229 - 2341 S
Administrative Planned
Winchester Boulevard
)evelopment Permit
CONDITIONS OF APPROVAL FOR FILE NO. PLN2013-229
SITE ADDRESS: 2341 S. Winchester Boulevard
APPLICANT: Ryan Gleason
APPEALANT: Ryan Gleason
OWNER: Campbell Plaza
Exhibit A
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 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 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 consideF modifying conditions of approval or
revoking the .Administrative Planned Development Permit. The Community
Conditions of Approval
PLN2013-229 - 2341 S. Winchester Boulevard
Administrative Planned Develoomeht Permit
Page 2 of 4
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
require approval of a Modification to the Administrative Planned .Development Permit
approved herein.
a. 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.
b. Location: The approved use shall be located in its existing location along Budd
Avenue.
c. 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 recyclable items: Wednesday through Saturday from 9:00
a.m. to 5:00 p.m.
d. 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.
e. 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.
f. Structures: The use of tents and other temporary structures is prohibited.
Permanent structures shall be subject to review by the Community Development
Director.
g. 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
Conditions of Approval
PLN2013-229 - 2341 S. Winchester Boulevard
Administrative Planned Development Permit -
Page 3 of 4
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.
h. 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
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 betaken to -
discourage after-hours donation and facilitate prompt removal of dumped materials.
j. 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.
k. Trash ,Disposal and Clean-Up Hours: All trash disposal, normal clean-up,
sidewalk sweeping, etc., shall occur between the hours of 7:00 a.m. and 9:00 p.m.
I. Smoking: "No Smoking" signs shall be posted on the premises in compliance with
CMC 6.11.060.
5. Prooertv 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 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.
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
Conditions of Approval
PLN2013-229 - 2341 S. Winchester Boulevard
Administrative Planned Development Permit
Page 4 of 4
building or within the parking lot, with the exception of the philanthropic collection trailer
as specified in Condition of Approval #4.h.