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PC Res 3611 RESOLUTION NO. 3611 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2004-154) TO ALLOW WHOLESALE/RETAIL MOTOR VEHICLE SALES WITHIN AN EXISTING WAREHOUSE/INDUSTRIAL BUILDING ON PROEPRTY OWNED BY KAJ, LLC LOCATED AT 161 CURTNER AVENUE IN AN M-I-S (LIGHT INDUSTRIAL) ZONING DISTRICT. APPLICATION OF MORELAN ASSOCIATES, ON BEHALF OF KAJ, LLC. FILE NO. PLN2004-154. 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 application PLN2004-154. 1. The proposed project consists of the establishment of motor vehicle sales within an existing warehouse/industrial building, 2. The development of the proposed project will result in an industrial use that is consistent with the General Plan Land Use Designation of Light Industrial for the project site. 3. The proposed motor vehicle sales use is consistent with the M-I-S (Light Industrial) zoning district for the site with approval of a Use Permit and is compatible with the surrounding uses. 4. The proposed project is well designed and is architecturally compatible with the surrounding neighborhood. 5. The proposed project is consistent with other developments in the surrounding area and is consistent with the development standards for industrial uses. 6. The proposed project provides eight compact parking spaces, ten standard parking spaces, and one van accessible parking space. The 19 parking spaces will adequately address the parking needs ofthe proposed project. 7. The project qualifies as a Categorically Exempt project per Section 15301, Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA). Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed project is consistent with the General Plan and Zoning Ordinance. 2. The proposed project, as conditioned, will aid in the harmonious development of the immediate area. Planning Commission Resolution No. 3611 PLN2004-154 - 161 Curtner Avenue - Conditional Use Permit - WholesalelRetail Auto Sales Page 2 1. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required Conditions of Approval, will have a significant adverse impact on the environment. 2. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. 3. The subject site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping, and other development features required in order to integrate said use with uses in the surrounding area. 4. The subject site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such use would generate. 5. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. 6. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts ofthe project. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional Use Permit (PLN2004-154) to allow wholesale/retail motor vehicle sales within an existing warehouselindustrial building on property owned by KAJ, LLC located at 161 Curtner Avenue in an M-I-S (Light Industrial) Zoning District, subject to the following conditions: 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 Planninl! Division: 1. Approved Project: Approval is granted for a Conditional Use Permit (PLN2004-154) allowing motor vehicle sales with an existing warehouse/industrial building located at 161 Curtner Avenue. The proposed project shall substantially conform to the project exhibits listed below, except as may be modified by the Conditions of Approval herein: a. Set of plans prepared by Morelan Associates, Inc., dated October 22, 2004, including building site plan, existing floor plan and elevations, and revised plans dated November 18, 2004 including a proposed site plan. b. Color samples submitted by Morelan Associate, Inc., received on October 22, 2004. Planning Commission Resolution No. 3611 PLN2004-154 - 161 Curtner Avenue - Conditional Use Permit - WholesalelRetail Auto Sales Page 3 c. The existing metal roll-up door on the second floor of Building No.2 shall be painted to match the proposed body color. 2. Conditional Use Permit Approval Expiration: The Conditional Use Permit approval shall be valid for one year from the date of final approval. Within this one-year period a building permit must be obtained and construction completed one year thereafter or the use must be established on the property (if no building permit is required). Failure to meet these deadlines will result in the Conditional Use Permit being void. 3. 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 shall be grounds for consideration of revocation of the Conditional Use Permit by the Planning Commission. 4. Signage: No signage is approved as part of the development applications approved herein. No sign shall be installed until a Sign Permit is approved as specified in the Sign Ordinance. 5. Property Maintenance: The property is to be maintained free of any combustible trash, debris and weeds until the time that actual construction commences. 6. Outdoor Storage: No outdoor storage or outdoor overnight parking 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. 7. Motor Vehicle Display: No outdoor vehicle display is permitted on the subject property. All vehicles for sale shall be kept and displayed inside the buildings. All exterior parking spaces shall be used only for employees and/or customer use. 8. Paint Color: Final color approval shall be subject to field review and approval by the Community Development Director. 9. Building Modifications: Prior to any changes or modifications to the building or floor plan the applicant shall submit proposed plans to the Community Development Department for reVIew. Dundin!! Division: 10. Permits Required: A building permit application shall be required for the proposed new tenant improvement to the (e) commercial structure. The building permit shall include ElectricallPlumbing/Mechanical fees when such work is part of the permit. 11. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 12. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. by 36 in. Planning Commission Resolution No. 3611 PLN2004-154 - 161 Curtner Avenue - Conditional Use Permit - WholesalelRetail Auto Sales Page 4 13. 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. 14. 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-parking details. Site address and parcel numbers shall also be clearly called out. Site parking and path of travel to public sidewalks shall be detailed. 15. 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. 16. Special Inspections: When a special inspection is required by U.B.C. Section 1701, 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 UB.C. Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 17. Water 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. 18. Title 24 Accessibility - Commercial: On site general path of travel shall comply with the latest California Title 24 Accessibility Standards. Work shall include but not be limited to accessibility to building entrances from parking facilities and sidewalks. 19. Title 24 Accessibility - Commercial: Projects seeking to use the Title 24 Hardship exemption clause shall blue-line completed, City of Campbell "20%" exemption form on submitted construction plans. Form is available at Building Division service counter. 20. 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. 21. Approvals Required: The project requires the following agency approval prior to issuance of the building permit: a. West Valley Sanitation District b. Santa Clara County Fire Department Planning Commission Resolution No. 3611 PLN2004-154 - 161 Curtner Avenue - Conditional Use Permit - WholesalelRetail Auto Sales Page 5 PUBLIC WORKS DEPARTMENT 22. Preliminary Title Report: Prior to issuance of any grading or building permits for the site, the applicant shall provide a current Preliminary Title Report. 23. Right of Wav for Public Street Purposes: Prior to issuance of any grading or building permits for the site, the applicant must provide a plan that shows the locations of all property lines in relationship to the street centerline and to the existing and proposed improvements. The applicant shall dedicate additional right of way and request vacation of existing right of way along the Curtner Avenue frontage to a distance of 40 feet from the centerline of Curtner Avenue, along the entire frontage of the property. Also, the applicant shall request a lot line adjustment to incorporate the street vacation area as part of the property. Applicant shall prepare all documents and pay for fees necessary to record dedication, request vacation, request lot line adjustment and submit to the City for review, acceptance, and recording. 24. Street Improvements: Prior to issuance of any grading or building permits for the site, the applicant shall execute a street improvement agreement, cause plans for public street improvements to be prepared by a registered civil engineer, pay various fees and deposits, post security and provide insurance necessary to obtain an encroachment permit for construction of the standard public street improvements, as required by the City Engineer. The plans shall include the following: a. Show location of all existing utilities within the new and existing public right of way. b. Relocation of all existing utilities including utility boxes, covers, poles, etc. outside of sidewalk area. No utility boxes, covers, etc. will be allowed in the sidewalk area. c. Removal of non-ADA compliant driveway approach. d. Construction of new 10' sidewalk and ADA compliant driveway approach. e. Installation of street trees and irrigation. f. Construction of conforms to existing public and private improvements, as necessary. 25. Occupancy: Prior to allowing occupancy for any and/or all buildings, the applicant shall have the required street improvements installed and accepted by the City. 26. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer cleanout(s) shall be installed on private property behind the public right-of-way line. 27. Utilities: All new on-site utilities shall be installed underground per Section 21.18.140 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companIes. Planning Commission Resolution No. 3611 PLN2004-l54 - 161 Curtner Avenue - Conditional Use Permit - WholesalelRetail Auto Sales Page 6 28. 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. Streets which have been resurfaced within the previous five years will require boring and jacking for all new utility installations. Applicant shall also prepare pavement restoration plans for approval by the City Engineer prior to any utility installation or abandonment. 29. Pavement Restoration: Based on the utility coordination plan, the applicant shall prepare a pavement restoration plan for approval by the City Engineer prior to any utility installation or abandonment. Streets that have been reconstructed or overlaid within the previous five years will require boring and jacking for all new utility installations. Curtner Avenue is scheduled for an asphalt overlay by winter 2004. The pavement restoration plan shall indicate how the street pavement shall be restored following the installation or abandonment of all utilities necessary for the project. 30. Grading and Drainage Plan: Prior to issuance of any grading or building permits for the site, the applicant shall conduct hydrology studies based on a ten-year storm frequency, prepare an engineered grading and drainage plan, and pay fees required to obtain necessary grading permits. The plans shall comply with the 1998 edition of the California Building Code including Chapters 10, 11, 18,33, and Appendix Chapter 33. 31. Storm Drain Area Fee: Prior to issuance of any grading or building permits for the site, the applicant shall pay the required Storm Drain Area fee of $2,500 per net acre, which is $1,075. 32. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and the Campbell Municipal Code regarding stormwater pollution prevention. The primary objectives are to improve the quality and reduce the quantity of stormwater runoff to the bay. Resources to achieve these objectives include Storm water Best Management Practices Handbook for New Development and Redevelopment ("CA BMP Handbook") by the California Stormwater Quality Association (CASQA), 2003; Start at the Source: A Design Guidance Manual for Storm water Quality Protection ("Start at the Source") by the Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and Using Site Design Techniques to Meet Development Standards for Storm water Quality: A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. 33. Lot Line Adjustment: Prior to issuance of any grading or building permits for the site, the applicant shall fully complete a lot line adjustment process. The applicant shall submit an application for approval by the City Engineer, process the application with City staffs comments and fully complete the lot line adjustment. The current application processing fee is $775.00. Planning Commission Resolution No. 3611 PLN2004-l54 - 161 Curtner Avenue - Conditional Use Permit - WholesalelRetail Auto Sales Page 7 34. Vacation of Public Street and Easements: Prior to issuance of any grading or building permits for the site, the applicant shall fully complete the street vacation process. The applicant shall submit a vacation of excess right-of-way application for approval by the City Engineer, process the application with City staffs comments and fully complete the street vacation. The current application processing fee is $2,060.00. PASSED AND ADOPTED this 14th day of December, 2004, by the following roll call vote: AYES: Commissioners: Alderete, Doorley, Francois, Gibbons, Rocha and Roseberry NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: None APPROVED: ATTEST: /~~ '-~ Sharon Fierro, Secretary