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PC Res 4406RESOLUTION NO. 4406 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL OVERTURNING THE COMMUNITY DEVELOPMENT DIRECTOR'S DECISION TO DENY A REQUEST FOR A MODIFICATION (PLN2017-111) OF A PREVIOUSLY APPROVED PLANNED DEVELOPMENT PERMIT (PLN2015-284) AND APPROVING A MODIFICATION (PLN2017-111) OF A PREVIOUSLY APPROVED PLANNED DEVELOPMENT PERMIT (PLN2015-284) TO ALLOW THE MAXIMUM NUMBER OF STAFF AT ANY ONE TIME TO BE INCREASED FROM FIVE TO SIX WITHIN AN EXISTING PROFESSIONAL OFFICE BULIDING ON PROPERTY LOCATED AT 35 DILLON 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. The Planning Commission finds as follows with regard to file number PLN2017-111: 1. The 4,019 sq. ft. project site is located on the west side of Dillon Avenue, south of E. Campbell Avenue and north of Sam Cava Lane. 2. The subject property is developed with aone-story, ..2,406 square foot, commercial building and has no onsite parking spaces. 3. The project site is zoned P-D (Planned Development) and has a General Plan Land Use Designation of Commercial/Medium-High Density Residential. 4. The project site is within the boundaries of the South of Campbell Avenue (SOCA) Plan, and specifically within 'Sub-Area 3'. 5. A change of use to a previously approved Administrative Planned Development Permit may be approved through issuance of a Modification of the previously approved Administrative Development Permit if the use is consistent with the underlying General Plan Land Use designation. 6. Sub-Area 3 of the SOCA Plan allows "commercial uses" permitted in the C-2 (General Commercial) Zoning District. "Offices, Professional" are classified as a permitted land use in the C-2 Zoning District, and is therefore permitted by approval of Administrative Planned Development Permit. - 7. The building was historically used for a combination of office and manufacturing uses. 8. The parking ratio for a manufacturing use is one space for every 400 square feet of gross floor area. 9. The parking ratio for the subject building based on the parking ratio established for, a manufacturing use is six spaces. 10.A credit of six parking spaces is adequate to ensure the continued usefulness of the space, and recognize the historic use of the building. 11. The business staff & operational hours would be from 6:00 AM to 11:00 PM daily. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: Planning Commission Resolution No. 4406 35 Dillon Avenue -Modification (PLN2017-111) Page 2 of 2 1. The proposed development or uses clearly would result in a more desirable environment and use of land than would be possible under any other zoning district classification; 2. The proposed development would be compatible with the general plan and will aid in the harmonious development of the immediate area; 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 would 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, Class 1 of the California Environmental Quality Act (CEQA), pertaining to the operation and leasing of an existing private structure. THEREFORE, BE IT RESOLVED that the Planning Commission approves a Modification (PLN2017-111) to a previously approved Administrative Planned Development Permit (PLN2015-284) to allow the maximum number of staff at any one time to be increased from fix to six on property located at 35 Dillon Avenue, subject to the attached Conditions of Approval (attached Exhibit "A"). PASSED AND ADOPTED this 8th day of August, 2017, by the following roll call vote: AYES: Commissioners: Hernandez, Kendall, Rich, Rivlin, and Young NOES: Commissioners: Reynolds ABSENT: Commissioners Dodd ABSTAIN: Commissioners: None ;' O (Yvonne Kendall, Chair ATTEST: Paul Kermoyan, Secretary EXHIBIT A CONDITIONS OF APPROVAL Modification (PLN2017-111) 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 Modification (PLN2017-111) to a previously approved Administrative Planned Development permit (PLN2015-284) to allow the continued operation of a professional office use,.and increase in the number of permitted staff at any one time, on property located at 35 Dillon Avenue. The project shall substantially. conform to the- written business description and project plans received by the Planning Division on September 18, 2015, except as may be modified by the Conditions of Approval contained herein. 2. Revocation of Permit: Operation of the use in violation , of the Modification (PLN2017- 111) to the previously approved Administrative Planned Development Permit (PLN2015- 284) or any standards, codes, or ordinances of the City of Campbell shall be grounds for consideration of revocation of the Modification (PLN2017-111) of the previously approved Administrative Planned Development Permit (PLN2015-284) by the Community Development Director. ,~ 3. Operational Parameters: Any business operating pursuant to the subject 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 of the permit approved herein. a. Approved Use: The approved use is a "professional office use", as defined by the Campbell Municipal Code, within a 2,406 square-foot commercial tenant space. Any activity inconsistent with this use is prohibited. b. Operational Hours: The business (staff and operational Qanitors etc.) hours shall be restricted to 6:00 AM to 11:00 PM, Daily. c. Staff: The professional office use shall be limited to six staff at any time. d. 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. e. Outdoor Storage: No outdoor storage shall be permitted. Exhibit A -Conditions of Approval ~ 35 Dillon Avenue File No. PLN2017-111 Paae 2 of 2 f. Noise: 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. In the event complaints are received by the City regarding noise, the Community Development Director may immediately modify the hours of operation, subject to the project being brought to the Planning Commission for review. 4. Parkin~gnage: The applicant shall be required to install a pole sign at the driveway entrance indicating that onsite parking spaces are restricted to "employees only". 5. Parking Lot Stripinq: The applicant shall be required to submit plans showing the final striping configuration of the subject property. The final layout, number, location, and dimensions of these parking stalls shall be subject to the review and approval of the Director of Community Development. 6. Trash Enclosure: Any increase in the number (2) or size of the existing recycling and trash bins shall require the construction of a code complaint trash enclosure.