PC Res 4519 (incorrect address)RESOLUTION NO. 4519
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT
TO ALLOW FOR THE OPERATION OF A MOTORCYCLE SALES
AND SERVICE CENTER IN AN EXISTING BUILDING IN THE LIGHT
INDUSTRIAL (M-1) ZONING DISTRICT LOCATED AT 1021 DELL
AVENUE (PLN2019-81).
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 No. PLN2019-81
(Conditional Use Permit)
Environmental Finding
1. The project may be found Categorically Exempt under the California Environmental
Quality Act (CEQA) Section 15301, of pertaining to the operation and leasing of an
existing private structure and Section 15303, pertaining to the conversion of existing
small structures from one use to another.
Evidentiary Findings
1. The project site is located on Dell Avenue, east of Winchester Boulevard and west
of Sunnyoaks Avenue.
2. The General Plan land use designation for the property is Light Industrial.
3. The Zoning District for the property is M-1 (Light Industrial).
4. The subject property is bordered by light industrial uses to the south, east and
west, and medical uses to the north.
5. The project includes operation of a motorcycle sales and service center. The
business would include a motorcycle inventory warehouse, a showroom, a service
repair area, office and non -service areas (e.g., bathrooms). The motorcycle
business does not include paint, bodywork, welding, or fabrication.
6. Pursuant to CMC Section 21.10.080.C, motor vehicle sales (new and/or used) and
motor vehicle repair and maintenance requires a Conditional Use Permit (CUP). A
CUP may be approved, with or without conditions, only if the Planning Commission
(or the City Council, upon appeal) makes certain findings.
7. The subject property is currently developed with a 2,852 square foot storage
building which would remain and a 15,101 square foot primary building which
would remain with a modified floor plan to accommodate the project. The proposed
motorcycle sales and service center would share a portion of the 15,101 square
foot building with an existing glass fabrication business.
Planning Commission Resolution No. 4519
Conditional Use Permit (PLN2019-81)
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8. Pursuant to CIVIC §21.28.040.D, when the use of a structure changes to a use that
requires the same [or fewer] parking spaces as the immediately previous use, the
number of required parking spaces for the new use shall be the same as the
requirement for the previous use.
9. The existing glass fabrication business will reduce in size, creating a smaller
parking demand, where the glass business would generate a parking demand of
14 stalls and the proposed motorcycle business will generate a parking demand of
29 stalls, for a total parking demand of 43 stalls, a reduction from the current
demand of 48 stalls.
10. Pursuant to CIVIC §21.26.050, the Planning Commission has the authority to adjust
the landscaping requirements for a specific use at a specific location so as to
require either a greater or lesser amount of landscaping when it determines that
there are unique or special circumstances that warrant an adjustment.
11. The subject property includes an approximately 10-foot wide landscape strip
between the building and the street frontage and a landscaped area to the right of
the building that will remain. All trees on site will be retained. The current
improvements on the site minimize the potential for additional landscaping similar
to other nearby industrial zoned sites.
12. Applicable General Plan Policies considered by the Planning Commission
included:
Policy LUT-5.1: Neighborhood Integrity: Recognize that the City is composed of residential,
industrial and commercial neighborhoods, each with its own individual
character; and allow change consistent with reinforcing positive
neighborhood values, while protecting the integrity of the city's
neighborhoods.
Policy LUT-5.4: Industrial Neighborhoods: Safeguard industry's ability to operate effectively,
by limiting the establishment of incompatible uses in industrial
neighborhoods and encouraging compatible uses.
Policy LUT-5.5: Industrial Diversity: Promote a variety of industrial use opportunities that
maintain diversified services and a diversified economic base.
Policy LUT-5.7: Industrial Areas: Industrial development should have functional and safe
vehicular, bicycle and pedestrian circulation, good site and architectural
design, be sensitive to surrounding uses, connect to public transit, and be
energy efficient. New projects should contribute to the positive character of
industrial areas and the overall image of the City.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
Planning Commission Resolution No. 4519
Conditional Use Permit (PLN2019-81)
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1. 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 Campbell Municipal Code;
2. The proposed use is consistent with the General Plan;
3. 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;
4. 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;
5. 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; and
6. 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.
7. There are unique or special circumstances which warrant an adjustment to required
landscaping.
THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional
Use Permit for a motorcycle sales and service center on property located at 1021 Dell
Avenue (PLN2019-81) subject to the attached Conditions of Approval (Exhibit A).
PASSED AND ADOPTED this 23rd day of July, 2019, by the following roll call vote:
AYES:
Commissioners:
NOES:
Commissioners:
ABSENT:
Commissioners:
ABSTAIN:
Commissioners:
ATTEST -
Ching, Krey, Buchbinder, Hines, Ostrowski, Rich, Rivlin
APPROVED.-
Paul kermoyan, Secretary
FWXU I �
CONDITIONS OF APPROVAL
Conditional Use Permit (PLN2019-81)
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
1. Approved Project: Approval is granted for a Conditional Use Permit for a motorcycle
sales and service center on property located at 1021 Dell Avenue (PLN2019-81)
The project shall substantially conform to the development plans stamped as
received by the Community Development Department on July 5, 2019, except as
may be modified by the Conditions of Approval contained herein.
2. Permit Expiration: The Conditional Use Permit approval (PLN2019-81) shall be
valid for one year from the date of final approval (expiring August 2, 2020). Within
this one-year period, an application for a building permit must be submitted. Failure
to meet this deadline will result in the Conditional Use Permit being rendered void.
3. Plan Revisions: Any modifications to the Building plan submittal, including changes
to the floor plan and site layout, shall require approval by the Decision Making
Body.
4. Signage: No signage is approved as part of the development application approved
herein. All signage shall be installed and maintained consistent with the provision
of the Sign Ordinance, Chapter 21.30 of the Campbell Municipal Code.
5. Location of Mechanical Equipment: No roof -mounted mechanical equipment (i.e. air
conditioning units, ventilation ducts or vents), shall be added to the existing building
without providing screening of the mechanical equipment from public view and
surrounding properties. The screening material and method shall be architecturally
compatible with the building and requires review and approval by the Community
Development Director and Building Division prior to installation of such screening.
6. Outdoor Storage: No overnight outdoor storage is permitted on the subject
property.
7. Business License: A valid City of Campbell business license shall be maintained at
all times.
8. Property Maintenance: All exterior areas shall be maintained free from graffiti,
trash, rubbish, posters and stickers placed on the property.
Conditions of Approval
Conditional Use Permit (PLN2019-81) Page 2 of 10
9. Parking & Driveway Areas: All parking and driveway areas shall be striped and
maintained in compliance with the approved plans and Chapter 21.28 (Parking and
Loading) of the Campbell Municipal Code. All parking and driveway areas shall be
regularly swept and cleaned to remove litter and debris.
10. Landscaping: All exterior landscaping, including trees, shall be maintained in good
condition.
11. On -Site Lighting: On -site lighting shall be shielded away from adjacent properties
and directed on site. The design and type of lighting fixtures and lighting intensity
of any proposed exterior lighting for the project shall be reviewed and approved by
the Community Development Director prior to installation of the lighting for
compliance with all applicable Conditions of Approval, ordinances, laws and
regulations. Lighting fixtures shall be of a decorative design to be compatible with
the residential development and shall incorporate energy saving features.
12. Fencing/Gate: Fencing shall be maintained in good condition and the gate shall be
made accessible to emergency vehicles.
13. Revocation of Permit: Non-compliance with these standards, or any other
conditions of approval specified herein or any standards, codes, or ordinances of
the City of Campbell or State of California shall be grounds for consideration of
revocation by the Planning Commission. In order to cover staff costs for a
revocation hearing, the applicant shall be required to cover the time and materials
for such action, not to exceed the cost of a Conditional Use Permit based on the fee
schedule in effect at the time of the public hearing.
BUILDING DIVISION
14. Permits Required: A building permit application shall be required. The building
permit shall include Electrical/Plumbing/Mechanical fees when such work is part of
the permit.
15. Building Permit Plans: The conditions of Approval shall be imbedded onto a plan
sheet as part of the plans submitted for a building permit.
16. 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.
17. Size of Plans: The minimum size of construction plans submitted for building
permits shall be 24 in. X 36 in.
18. 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. Elevation bench
Conditions of Approval
Conditional Use Permit (PLN2019-81) Page 3 of 10
marks shall be called out at all locations that are identified as "natural grade" and
intended for use to determine the height of the proposed structure.
19. Title 24 Energy Compliance: California Title 24 Energy Standards Compliance
forms shall be blue -lined on the construction plans. Compliance with the Standards
shall be demonstrated for conditioning of the building envelope and lighting of the
building.
20. 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.0 Chapter 1, Section 106. Please obtain City of
Campbell, Special Inspection forms from the Building Inspection Division Counter.
21. Non -point Source Pollution: 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.
22. Approvals Required: The project requires the following agency approval or
consultation prior to issuance of the building permit:
a. West Valley Sanitation District (378-2407)
b. Santa Clara County Fire Department (378-4010)
23. 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.
24. Storm Water Requirements: Storm water run-off from impervious surface created by this
permitted project shall be directed to vegetated areas on the project parcel. Storm water
shall not drain onto neighboring parcels.
FIRE DEPARTMENT
25. Review of this Developmental proposal is limited to acceptability of site access, water
supply and may include specific additional requirements as they pertain to fire department
operations, and shall not be construed as a substitute for formal plan review to determine
compliance with adopted model codes. Prior to performing any work, the applicant shall
make application to, and receive from the Building Department all applicable construction
permits.
26. Fire Sprinklers Required: Approved automatic sprinkler systems in new and existing
buildings and structures shall be provided in the locations as specified by the Fire
Conditions of Approval
Conditional Use Permit (PLN2019-81) Page 4 of 10
Department. Firewalls used to separate building areas shall be constructed in accordance
with the California Building Code and shall be without openings or penetrations.
NOTE: The owner(s), occupant(s) and any contractor(s) or subcontractor(s) are
responsible for consulting with the water purveyor of record in order to determine if any
modification or upgrade of the existing water service is required. A State of California
licensed (C-16) Fire Protection Contractor shall submit plans, calculations, a completed
permit application and appropriate fees to this department for review and approval prior to
beginning their work. CFC Sec. 903.2 as adopted and amended by CBLMC. Separate
plan submittal and permit is required for all sprinkler modifications. The sprinkler system
shall be monitored.
27. Water Supply Requirements: Potable water supplies shall be protected from contamination
caused by fire protection water supplies. It is the responsibility of the applicant and any
contractors and subcontractors to contact the water purveyor supplying the site of such
project, and to comply with the requirements of that purveyor. Such requirements shall be
incorporated into the design of any water -based fire protection systems, and / or fire
suppression water supply systems or storage containers that may be physically connected
in any manner to an appliance capable of causing contamination of the potable water
supply of the purveyor of record. Final approval of the system(s) under consideration will
not be granted by this office until compliance with the requirements of the water purveyor
of record are documented by that purveyor as having been met by the applicant(s). 2010
CFC Sec. 903.3.5 and Health and Safety Code 13114.7.
28. Fire Apparatus (Engine) Access Driveway Required: Provide an access driveway with a
paved all weather surface, a minimum unobstructed width of 20 feet, vertical clearance of
13 feet 6 inches, minimum circulating turning radius of 36 feet outside and 23 feet inside,
and a maximum slope of 15%. Installations shall conform to Fire Department Standard
Details and Specifications sheet D-1.
29. Emergency Gate/Access Gate Requirements: Gate installations shall conform with Fire
Department Standard Details and Specification G-1 and, when open shall not obstruct any
portion of the required width for emergency access roadways or driveways. Locks, if
provided, shall be fire department approved prior to installation. Gates across the
emergency access roadways shall be equipped with an approved access devices. If the
gates are operated electrically, an approved Knox key switch shall be installed; if they are
operated manually, then an approved Knox padlock shall be installed. Gates providing
access from a road to a driveway or other roadway shall be at least 30 feet from the road
being exited. CFC Sec. 503.6 and 506.
30. Address identification. New and existing buildings shall have approved address numbers,
building numbers or approved building identification placed in a position that is plainly
legible and visible from the street or road fronting the property. These numbers shall
contrast with their background. Where required by the fire code official, address numbers
shall be provided in additional approved locations to facilitate emergency response.
Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a
minimum of 4 inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7 mm).
Conditions of Approval
Conditional Use Permit (PLN2019-81) Page 5 of 10
Where access is by means of a private road and the building cannot be viewed from the
public way, a monument, pole or other sign or means shall be used to identify the
structure. Address numbers shall be maintained. CFC Sec. 505.1.
PUBLIC WORKS DEPARTMENT
31. The following conditions only apply if the applicant has a need to install / upgrade utility
services (water, sewer, gas, etc.) in the street:
a. Utility Encroachment Permit: Separate permits for the installation of utilities to
serve the development will be required (including water, sewer, gas, electric,
etc.). Applicant shall apply for and pay all necessary fees for utility permits for
sanitary sewer, gas, water, electric and all other utility work.
b. Utility Coordination Plan: Prior to issuance of building permits for the site, the
applicant shall submit a utility coordination plan and schedule for approval by
the City Engineer for installation and/or abandonment of all utilities. The plan
shall clearly show the location and size of all existing utilities and the
associated main lines; indicate which utilities and services are to remain;
which utilities and services are to be abandoned, and where new utilities and
services will be installed. Joint trenches for new utilities shall be used
whenever possible.
c. Pavement Restoration: The applicant shall restore the pavement in
compliance with City standard requirements. In the event that the roadway
has recently received a pavement treatment or reconstruction, the project will
be subject to the City's Street Cut Moratorium. The applicant will be required
to perform enhanced pavement restoration consistent with the restoration
requirements associated with the Street Cut Moratorium. The City's Pavement
Maintenance Program website(https://www.ci.campbell.ca.us/219) has
detailed information on the streets currently under moratorium and the
enhanced restoration requirements.