PC Res 3741
RESOLUTION NO. 3741
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING AN ADMINISTRATIVE PLANNED
DEVELOPMENT PERMIT (PLN2006-87) TO ALLOW THE
ESTABLISHMENT OF AN AUTO BROKERAGE SALES USE WITHIN
AN EXISTING OFFICE/WAREHOUSE BUILDING ON PROPERTY
OWNED BY MR. CLINT RALLS LOCATED AT 20-28 RAILWAY
AVENUE IN A P-D (PLANNED DEVELOPMENT) ZONING
DISTRICT. APPLICATION OF MR. CLINT RALLS, ON BEHALF OF
ROAD SPORT. FILE NO: PLN2006-87.
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 PLN2006-87:
1. The proposed use of auto sales is consistent with the General Plan land use
designation of Central Commercial shown on the Land use Element of the General
Plan.
2. The proposed project is consistent with the Planned Development Zoning Ordinance
with approval of an Administrative Planned Development Permit
3. The site plan proposes the establishment of an auto sales use within an existing
office/warehouse building.
4. The project provides 7 on site parking spaces.
5. The project consists of a building coverage of 45%, landscaping coverage of 2%,
and paving coverage of 53%.
6. The proposed project will have a floor area ratio of 0.45.
7. The subject property is surrounded by an office to the north, an office/warehouse to
the south, office and mini-storage uses to the east, and parking to the west.
8. The project qualifies as Categorically Exempt under Section 15301, Class 1 (e) 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 development will result in a more desirable environment and use of
the land than would be possible under any other zoning classification.
Planning Commission Resolution No. 3741
PLN2006-87 - 20-28 Railway Avenue - Administrative Planned Development Permit
Page 2
1. The proposed development will be compatible with the General Plan of the City and
will aid in the harmonious development of the immediate area.
2. The proposed development will not be detrimental to the health, safety or welfare of
the neighborhood or the City as a whole.
3. There is a reasonable relationship and a rough proportionality between the
conditions of approval and the impacts of the project.
4. There is a reasonable relationship between the use of the fees imposed upon the
project and the type of development project.
5. 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.
THEREFORE, BE IT RESOLVED that the Planning Commission approves a Planned
Development Permit (PLN2006-87) to allow the establishment of an auto brokerage
sales use within an existing office/warehouse building on property owned by Mr. Clint
Ralls located at 20-28 Railway Avenue in a P-D (Planned Development) Zoning
District.
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 an Administrative Planned Development
Permit to allow the establishment of an auto sales use within existing buildings at 20-
28 Railway Avenue. The building design and proposed use shall substantially
conform to the project exhibits listed below, except as may be modified by the
conditions of approval herein:
a. Project plans prepared by ARP Drafting and Design, dated 7.16.2002, including a
site plan and floor plans.
b. Applicant's Use Description - received May 16 , 2006
Planning Commission Resolution No. 3741
PLN2006-87 - 20-28 Railway Avenue - Administrative Planned Development Permit
Page 3
c. Letter from applicant's attorney outlining agreement with Conditions of Approval
dated June 15, 2006 providing:
. No outdoor display of vehicles.
. No on-site repair or maintenance of vehicles.
. Customers arrive on a referral or appointment basis.
. Occupancy is limit to seven employees/customers.
. The interior driveway shall not be used for parking or storage of vehicles.
2. Permit Expiration: The Administrative Planned Development Permit approval shall
be valid for one year from the date of final approval. Within this one-year period a
building permit must be obtained and construction completed one year thereafter or
the use must be established on the property (if no building permit is required).
Failure to meet these deadlines will result in the Administrative Planned
Development Permit being void.
3. Revocation of Permit: Operation of the use in violation of the Administrative Planned
Development Permit or any standards, codes, or ordinances of the City of Campbell
shall be grounds for consideration of revocation of the Administrative Planned
Development Permit by the Community Development Director.
4. Operational Hours: The operational hours shall be limited to 6 a.m. to 11 p.m. seven
days a week.
5. Noise ManaQement: In the event complaints are received by the City regarding
noise, traffic or hours of operation, the Community Development Director may
immediately modify the hours of operation and/or limit the extended hours of
operation, subject to the project being brought back to the Planning Commission for
review.
6. Temporary Sions: There shall be no use of temporary signage including banners,
flags or balloons in conjunction with this auto brokerage use.
7. Drivewav Gate: Any proposed driveway gate shall be located a minimum of twenty
feet from the public right-of-way. The design and location shall be reviewed and
approved by the Community Development Director prior to issuance of any building
permits.
8. Property Maintenance: The property is to be maintained free of any combustible
trash, debris, and weeds until the time that actual construction commences. Any
vacant existing structures shall be secured, by having windows boarded up and
doors sealed shut, or be demolished or removed from the property (Section 11.201
and 11.414, 1985 Ed. Uniform Fire Code).
Planning Commission Resolution No. 3741
PLN2006-87 - 20-28 Railway Ayenue - Administrative Planned Development Permit
Page 4
9. Outdoor Storaoe or Displav: No outdoor storage or display is permitted on the
subject property. No vehicles shall be stored or displayed outside the building or
within the driveway area.
10. On-Site Liohtino: 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 proposed exterior lighting for the project shall be reviewed and approved by the
Community Development Director prior to installation of the lighting for compliance
with all applicable Conditions of Approval, ordinances, laws and regulations.
Lighting fixtures shall be of a decorative design to be compatible with the residential
development and shall incorporate energy saving features.
11. Parkino and Driveways: All parking and driveway areas shall be developed and
maintained in compliance with the approved plans and Chapter 21.28 (Parking and
Loading) of the Campbell Municipal Code.
12. Trash and Recyclino Enclosure: The applicant shall maintain a trash and recycling
enclosure area. 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.
Building Division
13. Permits Reauired: A building permit application shall be required for any new tenant
improvements. The building permit shall include Electrical/Plumbing/Mechanical
fees when such work is part of the permit.
14. Construction Plans: The conditions of Approval shall be stated in full on the cover
sheet of construction plans submitted for building permit.
15. Size of Plans: The minimum size of construction plans submitted for building
permits shall be 24 in. X 36 in.
16. 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.
17. 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.
18. 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
Planning Commission Resolution No. 3741
PLN2006-87 - 20-28 Railway Avenue - Administrative Planned Development Permit
Page 5
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.
19. Non-Point Source Proaram: 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.
20. 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
21. 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.
22. Approvals Reauired: The project requires the following agency approval prior to
issuance of the building permit:
a. Santa Clara County Fire Department
b. West Valley Sanitation District
23. 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. and E. concerning
utility easements, distribution pole locations and required conductor clearances.
PASSED AND ADOPTED this 8th day of August, 2006, by the following roll call vote:
AYES:
Commissioners:
Alderete, Doorley, Ebner, Francois, Gibbons and
Roseberry
Rocha
None r--~,
::~:OVED: \4 (
Bob Alderete, Chair
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
ATTEST:_~ ~
Sharon Fierro, Secretary