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PC Res 2743RESOLUTION NO. 2743 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE crrY OF CAMPBELL APPROVING A MODIFICATION TO A PREVIOUSLY APPROVED USE PERMIT ALLOWING A TI-tREE-YEAR EXTENSION OF APPROVAL, ON PROPERTY LOCATED AT 238 AND 246 RAILWAY AVENUE, IN A PD (PLANNED DEVELOPMENT) ZONING DISTRICT; APPLICATION OF MR. JOE SALVADOR, FILE NO. M 91-03. After notification and Public Hearing as specified by law on the application of Mr. Joe Salvador allowing a modification to a previously approved Use Permit for a three-year extension, in a PD (Planned Development) Zoning District, as per the application filed in the Planning Department on February 26, 1991 and, after presentation by the Planning Director, proponents and opponents, the hearing was dosed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to File No. M 91-03: The applicant has installed street improvements and landscaping and is operating the use in compliance with City Codes. No immediate development activity is approved for this section of Railway Avenue. Should redevelopment activity be undertaken in the area, the applicant has signed an agreement to vacate the property upon six months from the City's notice. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: The proposed development and use clearly results in a more desirable environment and use of the land than would be possible under any other zoning classification. The development and uses will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. The proposed development would not be detrimental to the health, safety or welfare of the neighborhood or the city as a whole. Approval is effective ten days after decision of approval of the Planning Commission, unless an appeal is filed. Resolution No. 2743 adopted by the Planning Commission on April 9, 1991 Further, the applicant is notified as part of this application that he is required to comply with all applicable Codes and Ordinances of the City of Campbell and the State of California, which pertain to this development and are not herein specified. PASSED AND ADOPTED this 9th day of April 1991, by the following roll call vote: AYES: NOES: ABSENT: Commissioners: Commissioners: Commissioners: /kine, Higgins, Perrine, Dougherty, Fox, Meyer-Kennedy None Wilkinson, ATTEST: Steve Piasecki Secretary APPROVED: lane Meyer-Kennedy Chairperson pROPOSED CONDITIONS OF APPROVAL M 91o03 Joe Salvador 238 & 246 Railway Avenue The applicant is hereby notified, as part of this application, that he is required to meet the following conditions in accordance with the Ordnances of the City of Campbell and the Laws of the State of California. Additionally, the applicant is hereby notified that he is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California which pertain to this development and are not herein specified. Compliance with all conditions of approval shall be demonstrated prior to issuance of building permits for the project unless otherwise noted. Project and Site Design 1. Approved Project This approval is for the extension of an existing use permit allowing a 8,075 square foot parking lot and storage yard at 238 & 246 Railway Avenue identified as Assessor's Parcel Number 403-8-32&33. Development shall be substantially as shown on the drawings listed below, except as modified by conditions contained herein: ao Project drawings for Railway Distributing prepared by Do Amaral Associates consisting of 1 sheet, dated 1-7-86. Previous Conditions All previous conditions of approval shall remain in effect except that Condition 1522 shall be modified to read: Use permit shall expire on June 3, 1994. Property shall be vacated at such time, unless approval to continue is granted by the City Council. Agreement to Vacate By June 3, 1991, the applicant is required to have signed an agreement acceptable to the City Attorney, indicating that the applicant will vacate the site on six months notice by the City should redevelopment activity be undertaken in the area. CONDITIONS OF APPROVAL: R 86-04 APPLICANT: Salvador, J. SITE ADDRESS: 238 & 246 Railway Ave. P.C. MTG. 5-13-86 The applicant is notified as part of this application that he/s~e is required to meet the following conditions in accordance with the Ordinances of the City of Campbell and the Laws of the State of California. 1. Revised site plan indicating additional landscaping and fencing to be submitted to the Planning Department and approved by the Planning Director upon recommendation of the Architectural Advisor prior to application for a building permit. 2. Property to be fenced and landscaped as indicated and/or added in red on the plans. Landscaping and fencing shall be maintained in accordance with the approved plans. 3. Landscaping plan indicating type and size of p~ant material, and location of hose bibs to be submitted to the Planning Department and approved by the Site and Architectural Review Committee and/or Planning Commission prior to issuance of a building permit. 4. Fencing plan indicating location and design details of fencing to be submitted to the Planning Department and approved by the Planning Director prior to issuance of a building permit. 5. Applicant to either (1) post a faithful performance bond in the amount of $1000.00 to insure landscaping, fencing, and striping of parking areas within 3 months of completion of construction; or (2) file written agreement to complete landscaping, fencing, and striping of parking areas. Bond or agreement to be filed with the Planning Department prior to application for a building permit. 6. Ail parking and driveway areas to be developed in compliance with Chapter 21.50 of the Campbell Municipal Code. Ail parking spaces to be provided with appropriate concrete curbs or bumper guards. 7. Sign application to be submitted in accordance with provisions of the Sign Ordinance for all signs. No sign to be installed until application is approved and permit issued by Planning and Building Departments (Section 21.68.030 of the Campbell Municipal Code). 8. Ordinance No. 782 of the Campbell Municipal Code stipulates that any contract for the collection and disposal of refuse, garbage, wet garbage and rubbish produced within the limits of the City of Campbell shall be made with Green Valley Disposal Company. This requirement applies to all single-family dwellings, multiple apartment units, to all commercial, business, industrial, manufacturing, and construction establishments. 9. Trash container(s) of a size and quantity necessary to serve the development shall be located in area(s) approved by the Fire Department. Unless otherwise noted, enclosure(s) shall consist of a concrete floor surrounded by a solid wall or fence and have self-closing doors of a size specified by the Fire Department. Ail enclosures to be constructed at grade level and have a level area adjacent to the trash enclosure area to service these containers. CONDITIONS OF APPROVAL: R 86-04 APPLICANT: SALVADOR, J. SITE ADDRESS: 238 & 246 RAILWAY AVE. P.C. ~TG.: 5-13-86 PAGE 2 10. Applicant shall comply with all appropriate State and City requirements for the handicapped. PUBLIC WORKS DEPARTMENT 11. Process and file a parcel map to combine the two lots. 12. Provide a copy of the preliminary title report. 13. Pay storm drainage area fee of $417.00. 14. Dedicate right of way to 30 feet from centerline along Railway Ave. 15. In lieu of street improvements, applicant to enter into an agreement with the City specifying that the street improvements be constructed at some time during the 2 year term of the Use Permit; that a cash deposit for the full amount of improvements be posted at the time of agreement with an "on-call" provision to secure construction costs at the time called for; and that recordation of the agreement on the deed be required in the event the property is sold at a future date. 16. Obtain an excavation permit, pay fees and deposit for all work in the public right of way. 17. Driveway approach is to be a minimum of 25 feet wide and utility pole and fire hydrant are to be relocated from the driveway approach area. BUILDING DEPARTMENT 18. Minimum 2" A.C. paving required over 95% compaction. Provide for in lot drainage. FIRE DEPARTMENT 19. Fire Department requirements will be based on the type of materials to be stored in the storage yard. Please specify. PLANNING DEPARTMENT 20. All conditions of approval to be satisfied and final clearance received within 90 days of City Council approval, or use permit shall be void. 21. Parking area not to be used for storage of materials or supplies. PLANNING COMMISSION 22. Use permit shall expire 2 years from the date of City Council approval. Property shall be vacated at such time, unless approval to continue is granted.