PC Res 3433RESOLUTION NO. 3433
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBEIJ~ RECOMMENDING APPROVAL OF
AN EXTENSION (PLN2002-02) TO A PREVIOUSLY-APPROVED
CONDITIONAL USE PERMIT (UP 84-19) TO ALLOW THE
CONTINUED USE OF THE PROPERTY AS A COMMERCIAL
CONSTRUCTION SUPPLY STORAGE YARD AND PARKING
LOT ON PROPERTY OWNED BY MR. JOE SALVADOR AT 238-
246 RAILWAY AVENUE IN A P-D (PLANNED DEVELOPMENT)
ZONING DISTRICT. APPLICATION OF MR. JOE SALVADOR.
FILE NO. PLN2002-02.
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 PLN2002-02:
The continued use of the property as a commercial construction supply storage yard and
parking lot is consistent with the General Plan land use designation of Medium to High
Density Residential/Commercial.
2. The proposed project is consistent with the P-D (Planned Development) Zoning District upon
approval of a Conditional Use Permit Extension.
3. The continued use of the property as a commercial construction supply storage yard and
parking lot is consistent with the SOCA Area Plan.
No immediate development activity is proposed for this section of Railway Avenue. Should
development activity be undertaken in the area, which includes this parcel, the applicant has
agreed to sign an agreement to abandon the use upon six months notice from the
Redevelopment Agency.
5. The project provides five standard parking spaces and one handicapped parking space.
6. Approval of the Conditional Use Permit Extension will not impede the potential for future
redevelopment of the area.
7. The project qualifies as a Categorically Exempt project per Section 15301, Class 1 (Existing
Facilities) of the California Environmental Quality Act (CEQA).
Planning Commission Resomtion No. 3433
PLN2002-02 - 238-246 Railway Avenue - Extension of Use Permit - Railway Distributing
Page 2
Based on the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The proposed use is compatible with the General Plan of the City and will aid in the
harmonious development of the immediate area.
2. The proposed use is consistent with the City's Zoning Ordinance.
3. The proposed use will not be detrimental to the health, safety, or welfare of the neighborhood
or the City as a whole.
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.
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval
of an Extension (PLN2002-02) of a previously-approved Conditional Use Permit (UP 84-19) to
allow the continued use of the property as a commercial construction supply storage yard and
parking lot on property owned by Mr. Joe Salvador at 238-246 Railway Avenue, 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
Planning Division
Project Approval: Approval is granted for an Extension (PLN2002-02) to a previously
approved Conditional Use Permit (UP 84-19) to allow the continued use of the property as a
commercial construction supply storage yard and parking lot at 238-246 Railway Avenue.
The project shall substantially conform to the project exhibits listed below; except as may be
modified by the Conditions of Approval contained herein:
a. Project plans prepared by Bruno Marcelic Architect, A.I.A and received by the Planning
Division on April 8, 2002.
Planning Commission Reso~-tion No. 3433
PLN2002-02 - 238-246 Railway Avenue - Extension of Use Permit - Railway Distributing
Page 3
Approval Expiration: The Conditional Use Permit shall be valid for a period of seven years
from the date of City Council Ratification. The Conditional Use Permit shall be void and the
use abandoned at such time unless an Extension is granted by the City Council.
o
Previous Conditions of Approval: The Conditions of Approval contained herein shall serve
as the Conditions of Approval. The previous Conditions of Approval that have been satisfied
or are no longer applicable to the current project have been removed.
Extension of Time: An extension of time to complete the Conditions of Approval shall be
submitted in writing to the Community Development Director prior to the final deadline.
The Community Development Director shall review the request and determine whether a
reasonable extension of time may be granted.
o
Agreement to Vacate: Within 60 days of City Council Ratification, the applicant shall sign an
agreement acceptable to the City Attorney, indicating that the applicant will abandon the use
upon six months notice from the Redevelopment Agency should development activity be
undertaken in the area that includes this parcel. Failure to satisfy this Condition of Approval
within the specified time line will result in the Conditional Use Permit being void.
Fencing: Within 60 days of City Council Ratification, the applicant shall install the sight
obscuring fencing and shall be maintain such fencing in accordance with the approved plans.
Any existing or proposed fencing shall comply with Section 21.59.090 of the Campbell
Municipal Code. Failure to satisfy this Condition of Approval within the specified time line
will result in the Conditional Use Permit being void.
Parking Stall Re-Striping: Within 60 days of City Council Ratification, the applicant shall re-
stripe the parking lot in accordance with the approved plans. The handicapped space shall be
developed in accordance with all requirements of the California Building Code. Failure to
satisfy this Condition of Approval within the specified time line will result in the Conditional
Use Permit being void.
8. Parking Area Use: The parking area as delineated on the plans shall not be used for storage
of materials or supplies.
°
Landscaping: Within 30 days of City Council Ratification, the applicant shall submit four (4)
sets of a landscape plan to the Planning Division which shows the size, species, and method
of irrigation for the new landscaping along the southwestern comer of parcel number 412-08-
061. The landscape plan shall be reviewed and approved by the Community Development
Director and the landscaping and irrigation shall be installed within 60 days of City Council
Ratification. Failure to satisfy this Condition of Approval within the specified time line will
result in the Conditional Use Permit being void.
10. Parking and Driveways: All parking and driveway areas shall be maintained in compliance
with the standards in Chapter 21.50 of the Campbell Municipal Code.
Planning Commission Reso~,,don No. 3433
PLN2002-02 - 238-246 Railway Avenue - Extension of Use Permit - Railway Distributing
Page 4
11. Hours of Operation: The operational hours shall be limited to 6 a.m. to 11 p.m. daily, unless a
Conditional Use Permit is obtained from the Planning Commission for late night operations.
12. Signs: No signage is permitted as part of the development application approved herein. New
signage shall not be installed prior to approval of a sign permit as required by Chapter 21.53
of the Campbell Municipal Code.
13. On-Site Lighting: Any proposed 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 exterior lighting shall be reviewed and approved by the Community Development
Director, prior to issuance of a building permit. Lighting fixtures shall be of a decorative
design to be compatible with the development and shall incorporate energy saving features
PASSED AND ADOPTED this 28th day of May, 2002, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Alderete, Doorley, Francois, Gibbons and Jones
None
Hernandez
None ~
APPROV T~o~ Fr~c~~''~f~)
Sharon Fierro, Secretary