PC Res 3678
RESOLUTION NO. 3678
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT
(PLN2005-100) TO ALLOW RETAIL AUTO SALES AT AN EXISTING
AUTO REPAIR SHOP ON PROPERTY OWNED BY MR. HAB SIAM
LOCATED AT 2921 S. WINCHESTER BOULEVARD IN A C-2
(GENERAL COMMERCIAL) ZONING DISTRICT. APPLICATION OF
MR. JOHN LANCASTER, ON BEHALF OF BRITISH EUROPEAN.
FILE NO. PLN2005-100.
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 PLN2005-100:
1. The proposed project consists of retail auto sales in an existing commercial building.
2. The establishment of the proposed use will result in a use that is consistent with the
General Plan land use designation of General Commercial for the property.
3. The proposed retail auto sales is consistent with the C-2 (General Commercial)
zoning designation for the site with approval of a Conditional Use Permit and is
compatible with the existing auto repair on the site and the surrounding uses.
4. The subject property is currently developed with a single-story commercial building
constructed in approximately 1965.
5. The project site is located on the west side of Winchester Boulevard between West
Sunnyoaks Avenue and Bedal Lane and is surrounded by commercial/industrial uses
to the north, south, and east and percolation ponds to the west.
6. The proposed landscape improvements include increasing the landscape area along
the southern property line and street frontage, removing the existing landscaping
(with the exception of the existing trees) and replacement with new lawn and shrubs,
and the installation of an irrigation system to serve the landscaped areas.
7. The allowed operational hours are from 6:00 a.m. to 11 :00 p.m. seven days a week.
8. When a legally established use is changed to one that requires more off-street
parking than the existing or previous use, then only the difference in the required
number of parking spaces for the new use and existing use need to be provided.
Since the existing parking area provides 22 parking spaces, the applicant is required
to provide a total of 25 required parking spaces for the establishment of the new use.
The applicant has shown the required 25 parking spaces on the site plan.
Planning Commission Resolution No. 3678
PLN2005-100 - 2921 S. Winchester Boulevard- Use Permit -- Retail Auto Sales
Page 2
9. 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.
2. 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 Municipal Code.
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.
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. 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.
8. There is a reasonable relationship and a rough proportionality between the
conditions of approval and the impacts of the project.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves a
Conditional Use Permit (PLN2005-100) to allow retail auto sales at an existing auto
repair shop on property owned by Mr. Hab Siam located at 2921 S. Winchester
Boulevard in a C-2 (General Commercial) 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
Planning Commission Resolution No. 3678
PLN2005-100 - 2921 S. Winchester Boulevard- Use Permit -- Retail Auto Sales
Page 3
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 to allow retail
auto sales at an existing auto repair shop located at 2921 S. Winchester
Boulevard. The project shall substantially conform to the plans and project
description received by the Planning Division on August 25, 2005, except as may be
modified by the conditions of approval contained herein.
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 the use must be established on the property and the conditions of approval
satisfied. Failure to comply with this timeline 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. 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.
5. Siqnaqe: 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.
6. Location of Mechanical Eauipment: 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.
7. Outdoor Storaae: No outdoor storage is permitted on the subject property. No
equipment, materials, business vehicles, or cars for sale shall be parked and/or
stored outside the building or within the parking lot.
Planning Commission Resolution No. 3678
PLN2005-100 - 2921 S. Winchester Boulevard- Use Permit -- Retail Auto Sales
Page 4
8. Operational Hours: The hours of operation shall be restricted to 6:00 a.m. to 11 :00
p.m. seven days a week.
9. Parkinq and Driveways: All parking and driveway areas shall be developed and
maintained in compliance with the approved plans and standards in Chapter 21.28
(Parking & Loading) of the Campbell Municipal Code. The proposed revised parking
configuration shall be re-striped within 60 days from the date of final approval. The
proposed compact parking stalls shall be painted to identify them as compact
spaces.
10. Trash and Recyclina Enclosure: The applicant shall submit building permit plans with
details regarding the design and location of a new trash and recycling enclosure. All
refuse and recycling containers shall be located in an enclosure constructed and
consisting of a concrete floor at least six inches in depth, surrounded by a minimum
six-foot high masonry wall and having a solid metal gate. The design of the
enclosure shall be compatible with the building. Driveways or aisles shall provide
unobstructed access for collection vehicles and personnel and provide at least the
minimum clearance required by the collection methods and vehicles utilized by the
designated collector. The refuse and recycling containers shall be kept in the
enclosure at all times except when being emptied by collection personnel. The
enclosure shall be constructed within 60 days from the date of final approval (by
December 11,2005).
11. Landscape Plan: Prior to the issuance of building permits, or within 60 days from the
date of final approval if no building permit is required, the applicant shall submit a
detailed landscape and irrigation plan to the Planning Division for review and
approval and the landscaping shall be installed (by December 11, 2005). Landscape
and irrigation plans shall be consistent with the approved preliminary landscape plan
and the City's Water Efficient Landscaping Standards (WELS).
12. Landscape Maintenance: The owner/operator of the property shall provide on-going
maintenance of the required landscaping for the project.
13. Exterior Buildinq Colors: The applicant shall submit to the Planning Division the
proposed exterior color scheme for the building prior to painting the building. The
colors shall be reviewed and approved and approved by the Community
Development Director.
14. On-Site Liqhtina: Any proposed on-site lighting shall be shielded away from adjacent
properties and directed on site. The design, type, lighting intensity, and location of
any exterior lighting fixtures shall be reviewed and approved by the Community
Development Director prior to issuance of a building permit for such lighting.
Lighting fixtures shall be of a decorative design to be compatible with the
development and shall incorporate energy saving features.
Planning Commission Resolution No. 3678
PLN2005-100 - 2921 S. Winchester Boulevard- Use Permit -- Retail Auto Sales
Page 5
15. FenceslWalls: Any newly proposed fencing and/or walls shall comply with Section
21.18.060 of the Campbell Municipal Code.
Building Division
16. Permits Required: A building permit application shall be required for the proposed
conversion of existing "S-3" use to a new "B" commercial use. The building permit
shall include Electrical/Plumbing/Mechanical fees when such work is part of the
permit.
17. 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.
18. Construction Plans: The conditions of approval shall be stated in full on the cover
sheet of construction plans submitted for building permit.
19. Size of Plans: The size of construction plans submitted for building permits shall be
24 inches by 36 inches.
20. 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. Site address and
parcel numbers shall also be clearly called out. Site parking and path of travel to
public sidewalks shall be detailed.
21. Title 24 EnerQY 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.
22. 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 U.B.C Section 106.3.5. Please obtain City of Campbell,
Special Inspection forms from the Building Inspection Division Counter.
23. Pollution Prevention: 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.
Planning Commission Resolution No. 3678
PLN2005-100 - 2921 S. Winchester Boulevard- Use Permit -- Retail Auto Sales
Page 6
24. Title 24 Accessibility - Commercial: On site general path of trayel 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.
25. 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.
26. P.G. & E: The applicant is advised to contact P.G. &E. 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. The applicant should also consult with P.G.&E concerning utility
easements, distribution pole locations and required conductor clearances.
27. Approvals Reauired: The project requires the following agency approval
issuance of the building permit:
a. West Valley Sanitation District
b. Santa Clara County Fire Department
PASSED AND ADOPTED this 11 h day of October, 2005, by the following roll call vote:
prior to
AYES: Comm issioners: Alderete, Doorley, Ebner, Francois, Gibbons, Rocha
and Roseberry
NOES: Commissioners: None
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None
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ATTEST: ¡!~ 7~
I Sharon Fierro, Secretary