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PC Res 4649RESOLUTION NO. 4669 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL GRANTING APPROVAL OF A CONDITIONAL USE PERMIT (PLN-2021-217) TO ALLOW A MOTOR VEHICLE—RENTING USE WITHIN AN EXISTING BUILDING LOCATED AT 1506 WHITE OAKS ROAD 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. The Planning Commission did find as follows with regard to application PLN-2021-217: 1. The project site is zoned M-1 (Light Industrial) and designated Light Industrial by the General Plan. 2. The project site is the approximately 25,434 square foot lot containing one commercial building located at 1506 White Oaks Road. 3. The subject use, motor vehicle—renting use, occupies an approximately 4,200 square- foot commercial building. 4. The proposed project is an application for a Conditional Use Permit to allow a motor vehicle—renting use (d.b.a. Enterprise Car Rental) at the subject site. 5. As described by the applicant's Project Description, the motor vehicle—renting use will occupy the existing building and provide vehicle rental services to the surrounding communities. The motor vehicle—renting use will primarily be picking up customers or dropping the vehicles off to the customer. The office on the ground floor of the building will be used for standard office activities. 6. In the M-1 (Light Industrial) zoning district, ‘Motor Vehicle—Renting’ is identified as a Conditional Use. 7. A ‘motor vehicle—renting’ is defined by CMC 21.72 as follows: "Motor vehicle—renting means retail establishments renting motor vehicles (e.g. automobiles, trucks, recreational vehicles and vans).” 8. The proposal does not result in any additional floor area. The project site will be improved with additional landscaping. 9. The business would operate between 7:00 A.M. to 6:00 P.M. Monday through Friday, and 8:00 AM – 2:00 PM Saturday; for staff operation hours and operate between 7:30 A.M. to 6:00 P.M. Monday through Friday and 9:00 AM – 2:00 PM Saturday for customer serving hours, and accordingly, would not constitute a late-night use. The business will be closed on Sundays. Planning Commission Resolution No. 4669 Page 2 of 4 1506 White Oaks Road Conditional Use Permit (PLN-2021-217) – Motor Vehicle—Renting 10. The site provides approximately 50 parking spaces. A motor vehicle – renting use requires one parking space per 450 square feet of outdoor display area or indoor showroom area, plus one parking space for each 225 square feet of office area, plus one space for each 750 square feet of vehicle warehousing space. Based on 6,205 square feet of outdoor display area, 1,000 square feet of office area, 3,200 square feet of warehousing space, the parking requirement is 14 parking spaces for the outdoor display area, four parking spaces for the office area, and four parking spaces for the warehousing space, with a total parking requirement of 22 parking spaces. The motor vehicle—renting use satisfies the parking requirement. 11. Applicable General Plan Policies considered by the Planning Commission included, but were not limited to, the following: Policy LUT-5.3: Variety of Commercial and Office Uses: Maintain a variety of attractive and convenient commercial and office uses that provide needed goods, services, and entertainment. Policy LUT-13.1b: Business Retention and Attraction: Develop programs to retain and attract businesses that meet the shopping and service needs of Campbell residents. 12. In review the proposed project, the Planning Commission also weighed the public need for, and the benefit to be derived from, the project, against any impacts it may cause. 13. No substantial evidence has been presented which shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: Conditional Use Permit Findings (CMC Sec. 21.46.040): 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; Planning Commission Resolution No. 4669 Page 3 of 4 1506 White Oaks Road Conditional Use Permit (PLN-2021-217) – Motor Vehicle—Renting 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; Environmental Finding(s) (CMC Sec. 21.38.050): 7. The project is Categorically Exempt under Section 15301 (Class 1) of the California Environmental Quality Act (CEQA), pertaining to the operation and leasing, and minor alteration of an existing private structure. 8. No substantial evidence has been presented which shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. THEREFORE, BE IT RESOLVED that the Planning Commission grants approval of a Conditional Use Permit (PLN-2021-217) to allow a motor vehicle—renting use within an existing building located at 1506 White Oaks Road, subject to the attached Conditions of Approval (attached Exhibit A). PASSED AND ADOPTED this 28th day of June, 2022, by the following roll call vote: AYES: Commissioners: Rivlin, Ching, Buchbinder, Kamkar, Krey, Ostrowski, Zisser NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: APPROVED: Stuart Ching, Chair ATTEST: Rob Eastwood, Secretary Stuart Ching (Apr 17, 2023 20:40 PDT) EXHIBIT A CONDITIONS OF APPROVAL Conditional Use Permit (PLN-2021-217) 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 (PLN-2021-217) to allow a motor vehicle—renting use (d.b.a. Enterprise Car Rentals) within an existing commercial building located at 1506 White Oaks Road. The project shall substantially conform to the Project Description and Project Plans included as Attachments 2 and 3 in the June 28, 2022 Planning Commission Staff Report, except as may be modified by the Conditions of Approval contained herein. 2. Permit Approval Expiration: The Conditional Use Permit approval shall be valid for one year from the effective date of the approval (expiring July 8, 2023). Within this one-year period an application for a building permit must be submitted. Failure to meet this deadline or expiration of an issued building permit will result in the Approval being rendered void. Abandonment, discontinuation, or ceasing of operations for a continuous period of twelve months shall void the Conditional Use Permit approved herein without the need for formal revocation by the decision-making body. 3. Operational Standards: Consistent with the submitted Project Description and City standards, a motor vehicle—renting use operating pursuant to the Conditional Use Permit approved herein shall conform to the following operational standards. Significant deviations from these standards (as determined by the Community Development Director) shall require approval of a Modification to the Conditional Use Permit. a. Vehicular Management: In the event that three verifiable complaints are received by the City regarding parking, vehicle drop-off and pick-up operations, the Community Development Director may limit the hours of operation, require greater staggering of vehicle drop-off and pick-ups, and/or require additional parking management strategies and/or return the project to the Planning Commission for review. b. Hours of Operation: Hours of operation shall be as follows. By the end of 'Business Hours', all customers shall have exited the premises. By the end of the 'Operational Hours' all employees shall be off the premises. Operational/Staff: 7:00 AM – 6:30 PM, Monday through Sunday Business/Public: 7:30 AM – 6:00 PM, Monday through Sunday Planning Commission Resolution No. 4649 Page 2 of 5 1506 White Oaks Road Conditional Use Permit (PLN-2021-217) – Motor Vehicle—Renting c. Vehicle Cleaning: All vehicle cleaning (including but not limited to washing and drying) must be conducted fully indoors. d. Trash Disposal and Clean-Up: All trash disposal, normal clean-up, carpet cleaning, window cleaning, sidewalk sweeping, etc. shall occur during the "operational hours." e. Business License: The business shall be required to obtain and maintain a City business license at all times. f. Smoking: "No Smoking" signs shall be posted on the premises in compliance with CMC Section 6.11.060. g. Noise: Regardless of decibel level, and taking into consideration the noise levels generated by children, no noise generated from the motor vehicle—renting use shall unreasonably offend the senses or obstruct the free use of neighboring properties so as to unreasonable interfere with the comfortable enjoyment of the adjoining properties. Employee use of honking of horns, whistles, amplified devices and other sound generating devices is prohibited. a. In the event that three verifiable complaints are received by the City regarding noise impacts, the Community Development Director may require noise reducing measures, including but not limited to requiring closing of the roll up doors during vehicular cleaning, require additional noise reducing strategies, and/or return the project to the Planning Commission for review. h. Meeting with neighbors: As necessary, the operator shall conduct meetings with surrounding neighbors should issues arise. i. Vehicle Idling: Vehicular idling shall be minimized either by turning the vehicle off when not in use or reducing the maximum idling time to 5 minutes. 4. 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. Exterior areas of the business shall include not only the parking lot and private landscape areas, but also include the public right-of-way adjacent to the business. Trash receptacles shall be maintained within their approved enclosures at all times. 5. 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. 6. Signage: No signage is approved as part of the development application approved herein. New signage shall not be installed prior to approval of a sign permit. 7. Outdoor Storage: No outdoor storage (with the exception of motor vehicles for rent) is permitted on the subject property. No equipment or materials shall be stored outside the building or within the parking lot. Planning Commission Resolution No. 4649 Page 3 of 5 1506 White Oaks Road Conditional Use Permit (PLN-2021-217) – Motor Vehicle—Renting 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. Parking spaces shall be free of debris or other obstructions. 9. Revocation of Permit: Operation of a motor vehicle—rental use pursuant to the Conditional Use Permit approved herein is subject to Chapter 21.46 of the Campbell Municipal Code authorizing the appropriate decision making body to modify or revoke an Conditional Use 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 Conditional Use 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 consider modifying conditions of approval or revoking the Conditional Use Permit. The Community 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. In exercising this authority, the decision-making body may consider the following factors, among others: a. The number and types of noise complaints at or near the establishment that are reasonably determined to be a direct result of patrons’ actions or facility equipment; b. The number of parking complaints received from residents, business owners and other citizens concerning the operation of an establishment, including objectionable or obnoxious odors; and c. Violation of conditions of approval. PUBLIC WORKS 10. The scope of this project triggers the requirement for Frontage Improvements as required by Campbell Municipal Code 11.24.040. The applicant will be required to apply for an Encroachment permit to construct frontage improvements as listed below under item 19. Plans / Encroachment Permit / Fees / Deposits. 11. Construction Drawings: The applicant shall submit the following permit application prior to, or concurrent with the main Building permit application: a. Encroachment Permit for Street Improvement Plans: The frontage improvements for the project shall be shown on a separate street improvement plan as detailed here: https://www.campbellca.gov/187/Street-Improvements b. Street / Easement Dedication: The street / easement dedication documents required for this project shall be submitted for review by the City Surveyor as detailed here: https://www.campbellca.gov/DocumentCenter/View/430 12. Right-of-Way for Public Street Purposes: Prior to issuance of any grading or building permits for the site, the applicant shall fully complete the process to cause additional right-of-way to be granted in fee for public street purposes along the project frontage to Planning Commission Resolution No. 4649 Page 4 of 5 1506 White Oaks Road Conditional Use Permit (PLN-2021-217) – Motor Vehicle—Renting accommodate the 10’ attached sidewalk along project frontage, unless otherwise approved by the City Engineer. The applicant shall submit the necessary documents for approval by the City Engineer, process the submittal with City staff’s comments and fully complete the right-of-way process. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City’s review and recordation. 13. 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 Stormwater 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 Stormwater 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 Stormwater Quality: A Companion Document to Start at the Source (“Using Site Design Techniques”) by BASMAA, 2003 14. Drainage System: Prior to occupancy clearance, the applicant shall refurbish, remodel, and reconstruct the on-site drainage system, as necessary, to demonstrate that the facilities are functioning normally in accordance with the requirements of the City. 15. Trash Capture – Install trash capture inserts (KriStar FloGard or approved equal) in all on-site storm drain catchbasins, and a full trash capture screen (StormTek ST3G or approved equal) in the existing storm drain catchbasin along the frontage. 16. Utilities: All 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. Utility locations shall not cause damage to any existing street trees. Where there are utility conflicts due to established tree roots or where a new tree will be installed, alternate locations for utilities shall be explored. Include utility trench details where necessary. 17. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer cleanout(s) shall be relocated or installed on private property behind the public right-of- way line. 18. 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. Planning Commission Resolution No. 4649 Page 5 of 5 1506 White Oaks Road Conditional Use Permit (PLN-2021-217) – Motor Vehicle—Renting 19. Plans / Encroachment Permit / Fees / Deposits: Prior to issuance of any grading or building permits for the site, the applicant shall 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, unless otherwise approved by the City Engineer: a. 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. Reconstruction of existing driveways to ADA compliant driveways using City standard detail D-18. Truncated domes on both sides of the driveways shown on plan are not required. d. Reconstruction of broken/uplifted sidewalk along project frontage. e. Reconstruction of sidewalk south of the southernmost driveway to 10’ attached sidewalk with tree wells. f. Construction of conforms to existing public and private improvements, as necessary. 20. Street Improvements Completed for Occupancy and Building Permit Final: Prior to allowing occupancy and/or final building permit signoff for any and/or all buildings, the applicant shall have the required street improvements installed and accepted by the City, and the design engineer shall submit as-built drawings to the City. 21. Maintenance of Landscaping: Owner(s), current and future, are required to maintain the landscaped park strip and tree wells in the public right of way. This includes, but is not limited to: trees, lawn, plantings, irrigation, etc. Trees shall not be pruned in a manner that would not allow the tree to grow to a mature height. 22. Utility Encroachment Permit: Separate encroachment 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. FIRE DEPARTMENT 23. Fire alarm plans shall be submitted to SCCFD for review. 24. Note that a plan review is required prior to any proposed tenant improvement. 25. New manual swing gate shall be equipped with Knox Box. Resol 4649 ~ 1506 White Oaks (Car Rental) Final Audit Report 2023-04-18 Created:2023-03-30 By:Selina Perez Aquino (selinap@campbellca.gov) Status:Signed Transaction ID:CBJCHBCAABAAM14LC94r0q0HuwN08atKL6eXis5kvjtL "Resol 4649 ~ 1506 White Oaks (Car Rental)" History Document created by Selina Perez Aquino (selinap@campbellca.gov) 2023-03-30 - 10:39:04 PM GMT Document emailed to Rob Eastwood (robe@campbellca.gov) for signature 2023-03-30 - 10:39:38 PM GMT Document e-signed by Rob Eastwood (robe@campbellca.gov) Signature Date: 2023-04-13 - 7:42:38 PM GMT - Time Source: server Document emailed to sching19@gmail.com for signature 2023-04-13 - 7:42:39 PM GMT Email viewed by sching19@gmail.com 2023-04-18 - 3:39:33 AM GMT Signer sching19@gmail.com entered name at signing as Stuart Ching 2023-04-18 - 3:40:08 AM GMT Document e-signed by Stuart Ching (sching19@gmail.com) Signature Date: 2023-04-18 - 3:40:10 AM GMT - Time Source: server Agreement completed. 2023-04-18 - 3:40:10 AM GMT Names and email addresses are entered into the Acrobat Sign service by Acrobat Sign users and are unverified unless otherwise noted.