PC Res 3729
RESOLUTION NO. 3729
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT
(PLN2006-38) TO ALLOW AN AUTO SALES USE WITHIN THE
INTERIOR OF AN EXISTING INDUSTRIAL BUILDING ON
PROPRETY OWNED BY GARY AND GLORIA EAGEN LOCATED AT
299 McGLlNCY LANE IN AN M-1-S (LIGHT INDUSTRIAL) ZONING
DISTRICT. APPLICATION OF MR. JIM MORELAN, ON BEHAL OF
MORELAN ASSOCIATES, INC. FILE NO: PLN2006-38.
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 PLN2006-38:
1. The proposed auto sales use is consistent with the Light Industrial General Plan land
use designation for the project site.
2. The proposed auto sales use is consistent with the requirements of the M-1-S
Zoning District and will be consistent with the Zoning Ordinance with approval of a
Conditional Use Permit.
3. The project site consists of a .82 acre lot, developed with 13,164 square feet of
building area coverage, 501 square feet of landscaping, and 22,054 square feet of
paving.
4. No exterior modifications to the building or site configuration are proposed in
conjunction with the proposed establishment of the auto sales use.
5. The project site is located on the north side of McGlincy Lane, between Cristich
Lane and Griffiths Lane. The property is surrounded by industrial uses and
percolation ponds.
6. The auto sales operation shall be conducted entirely within the building.
7. Automobile sales shall be conducted via an appointment and referral basis only.
8. Business hours shall be restricted to 10:00 a.m. to 5:00 p.m., Monday through
Friday.
9. The existing 29 parking spaces, with the provision of shared parking and unique
features of a specialty auto sales business, will adequately meet the demands
generated by the change in use, and will not be detrimental to the overall parking
and circulation on the project site.
Planning Commission Resolution No. 3729
PLN2006-38 - 299 McGlincy Lane - Use Permit - Auto Sales
Page 2
10. The proposed use is consistent with other developments and uses in the
surrounding area.
11. 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.
THEREFORE, BE IT RESOLVED that the Planning Commission approves a
Conditional Use Permit (PLN2006-38) to allow an auto sales use within the interior of an
existing industrial building on property owned by Gary and Gloria Eagen located at 299
McGlincy Lane in an M-1-S (Light Industrial) Zoning District.
Planning Commission Resolution No. 3729
PLN2006-38 - 299 McGlincy Lane - Use Permit - Auto Sales
Page 3
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 Proiect: Approval is granted for a Conditional Use Permit (PLN2006-38)
to allow the establishment of a specialty auto sales use within an existing industrial
building on property located at 299 McGlincy Lane, Unit A. The project shall
substantially conform to the project plans dated March 29, 2006 and the project
description dated March 29, 2006, except as may be modified by the conditions of
approval contained herein.
a. Project plans prepared for Bayonet Motors Sports, Vintage Auto Sales by Jim
Morelan and Associates, Inc., dated March 29, 2006.
b. Written Description prepared by Morelan Associates, Inc. - Bayonet Motors
Sports - dated March 29, 2006.
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 meet this deadline 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. Business Operational Hours: The hours of operation are proposed from 10:00 a.m.
to 5:00 p.m., Monday through Friday. The business hours are limited to 6:00 a.m. to
10:00 p.m. daily.
5. 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.
Planning Commission Resolution No. 3729
PLN2006-38 - 299 McGlincy Lane - Use Permit - Auto Sales
Page 4
6. Trash Enclosure: The owner or applicant shall construct a trash enclosure(s) to
accommodate all dumpsters and recycling bins on site per City standards.
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. The Community
Development Director shall approve the location and design of any new trash
enclosu re( s).
7. Siqnaqe: No signage is approved as part of the development application approved
herein. All signage shall be installed and maintained consistent with the standards
of Chapter 21.30 (Sign Ordinance) of the Campbell Municipal Code.
8. Outdoor Storaqe or Display: No outdoor storage is permitted on the subject
property. No equipment or materials shall be stored outside the building or within
the parking lot. The display of any vehicles for sale be conducted within the building.
9. Parkinq and Drivewavs: All parking and driveway areas shall be maintained in
compliance with the standards of Chapter 21.28 (Parking & Loading) of the
Campbell Municipal Code.
Building Division
10. Permits Required: A building permit application shall be required for the proposed
tenant improvement. The building permit shall include Electrical, Plumbing, or
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 size of construction plans submitted for building permits shall be
24 inches by 36 inches.
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 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.
15. 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.
Planning Commission Resolution No. 3729
PLN2006-38 - 299 McGlincy Lane - Use Permit - Auto Sales
Page 5
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 U.B.C Section 106.3.5. Please obtain City of Campbell,
Special Inspection forms from the Building Inspection Division Counter.
17. Non-point Source Pollution Control Proqram. 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 Hardship Exemption: 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.& 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
PASSED AND ADOPTED this 2ih day of June, 2006, by the following roll call vote:
AYES:
Commissioners:
Alderete, Doorley, Ebner, Francois, Gibbons, Rocha
and Roseberry
None
None
None 'h ... ~ {
APPROVED: '~~
J
Bob Alderete, Chair
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
ATTEST:
4i~f~
Sharon Fierro, Secretary