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PC Res 4564RESOLUTION NO. 4564 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A MODIFICATION (PLN-2020-46) TO A PREVIOUSLY APPROVED CONDITIONAL USE PERMIT (PLN2017-337) TO ALLOW A MOTOR VEHICLE SALES (RETAIL/WHOLESALE) ESTABLISHMENT ON PROPERTY LOCATED AT 125 E. SUNNYOAKS AVENUE, SUITE 100 IN THE M-1 (LIGHT INDUSTRIAL) ZONING DISTRICT. 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 number(s) PLN-2020-46 & PLN2017-337: 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 a two-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 Modification of a previously approved Conditional Use Permit consistent with CMC 21.68.040 (Permit Modification) and CMC 21.46 (Conditional Use Permits). 7. The previously approved land use permit (i.e. Conditional Use Permit — PLN2017- 337) is being modified by the decision -making body that originally approved the permit (i.e. Planning Commission) with the consent of the property owner and operator. 8. The Planning Commission approved the previous Conditional Use Permit (PLN2017- 337) by Resolution 4427 on February 13, 2018. 9. The Conditions of Approval provided in Planning Commission Resolution No. 4427 shall be void and shall permanently be superseded in their entirety by the Conditions of Approval specified herein. Planning Commission Resolution No. 4564 Page 2 of 2 PLN-2020-46 - 125 E. Sunnyoaks Avenue, Suite 100 — Modification 10. The business currently operates from a tenant space located on the second floor, Suite 209A, which is 120 square feet in gross floor area. 11. The business is proposing to relocate their business from a 120 square foot tenant space located on the second floor (Suite 209A) to a 312 square foot tenant space located on the ground floor (Suite 100). 12. The hours of operation shall be restricted to 9:00 AM to 8.00 PM, daily. 13. The proposed wholesale and vehicle sales business results in a parking demand of three parking spaces; two of which shall be reserved for sales display purposes. 14. The center has a total of 56 spaces (53 standard; 3 accessible) shared by all tenants. 15. When calculating the parking demand of the entire center, inclusive of the proposed use, there is a net surplus of four (4) parking spaces on the project 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 a Modification to the previously approved Conditional Use Permit 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 Planning Commission Resolution No. 4564 Page 3 of 3 PLN-2020-46 - 125 E. Sunnyoaks Avenue, Suite 100 — Modification 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. 11. 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. THEREFORE, BE IT RESOLVED that the Planning Commission approves a Modification (PLN-2020-46) to a previously approved Conditional Use Permit (PLN2017-337) to allow a motor vehicle sales (retail/wholesale) establishment on property located at 125 E. Sunnyoaks Avenue, Suite 100, subject to the attached Conditions of Approval (attached Exhibit A). PASSED AND ADOPTED this 14th day of July, 2020, by the following roll call vote: AYES: Commissioners: Buchbinder, Ching, Colvill, Krey, Hines, Ostrowski and Rivlin NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: APPROVED: Michael Krey, Chair Paul`Kermoyan, Secretary EXHIBIT A CONDITIONS OF APPROVAL Modification (PLN-2020-46) 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 Protect: Approval is granted for a Modification (PLN-2020-46) to a previously approved Conditional Use Permit (PLN2017-337) to allow a motor vehicle sales (retail/wholesale) establishment on property located at 125 E. Sunnyoaks Avenue, Suite 100. The project shall substantially conform to the written business description and project plans stamped as received by the Planning Division on May 4, 2020, except as may be modified by the Conditions of Approval contained herein. 2. Permit Expiration: The Modification (PLN-2020-46) approved herein shall be valid for one year from the date of final approval (expiring July 24, 2021). Within this one-year period, the wholesale and retail automotive sales use shall be established at 125 E. Sunnyoaks Avenue, Suite 100. Once established, this entitlement 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 Modification of the previously approved Conditional Use Permit approved herein. 3. Previous Conditions of Approval: The previously approved Conditions of Approval provided in Planning Commission Resolution No. 4427 shall be void and shall permanently be superseded in their entirety by the Conditions of Approval specified herein upon vesting of the subject Modification (PLN-2020-46) approved herein. 4. Hours of Operation: The business hours that the establishment may be open to the public are limited to 9:00 AM to 8:00 PM, daily. The business's operating hours, when employees may be on site, shall be limited to 7:00 AM to 10:00 PM daily. 5. Appointment Only: All on -site sales activity shall be by -appointment only. 6. 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. Exhibit A - Conditions of Approval Page 2 of 2 PLN-2020-46 — 125 E. Sunnyoaks Avenue, Suite 100 Modification 7. Business License: A valid City business license shall be maintained at all times that the business is in operation. 8. Used Motor Vehicle Permit: If used vehicles are to be sold from the premises, the business owner shall obtain a Used Motor Vehicle Permit from the City Council pursuant to Campbell Municipal Code Sec. 5.08.010(12). 9. 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. 10. 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. 11. 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. 12. 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 indicated on the project plans. Vehicles shall not be displayed, stored, or otherwise placed on the public street. 13. 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. 14. 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. 15. 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. 16. 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. 17. Vehicle Repair: No vehicle repair of any kind shall be permitted.