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PC Res 3782 RESOLUTION NO. 3782 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2006-144) TO ALLOW THE ESTABLISHMENT OF AN AUTO REPAIR BUSINESS AND RACE SHOP FOR HIGH END VEHICLES ON PROPERTY OWNED BY MR. DAVID STANDRIDGE AND MR. KEVIN MITZ LOCATED AT 1070 DELL AVENUE IN AN M-1-S (LIGHT INDUSTRIAL) ZONING DISTRICT. APPLICATION OF RENNWERKS. FILE NO: PLN2006-144. 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 PLN2006-144 1. The proposed motor vehicle repair facility/race shop is consistent with the Central Commercial General Plan land use designation. 2. The proposed motor vehicle repair facility/race shop will be compatible with the M-1 (Light Industrial) zoning designation with approval of a Conditional Use Permit. 3. The project site is developed with an existing 7,286 square foot existing industrial building. 4. The project site is located on the east side of Dell Avenue, between Sunnyoaks Avenue and Hacienda Avenue. The property is surrounded by industrial/auto repair to the North, South, East and West. 5. The proposed project is consistent with other developments and uses in the surrounding area. 6. No exterior modifications to the building are proposed in conjunction with the proposed use. 7. The hours of operation shall be restricted to 8:30 a.m. to 5:30 p.m. Monday through Friday and closed on the weekends and most national holidays. 8. 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. Planning Commission Resolution No. 3782 PLN2006-144 - 1070 Dell Avenue -- Use Permit - Rennwerks Page 2 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 parking required in order to integrate the use with uses in the surrounding area. 4. The proposed site is adequately served by streets with 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. The establishment of a motor vehicle repair facility, as conditioned, will not create a nuisance due to litter, noise, traffic, vandalism, or other factors. 8. The establishment of a motor vehicle repair facility, as conditioned, will not significantly disturb the peace and enjoyment of the nearby residential neighborhood. 9. The establishment of a motor vehicle repair facility will not significantly increase the demand on City services. 10. 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. 11. 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 (PLN2006-144) to allow the establishment of an auto repair business and race ship for high end vehicles on property owned by Mr. David Standridge and Mr. Kevin Mitz located at 1070 Dell Avenue in and M-1-S (Light Industrial) Zoning District. Planning Commission Resolution No. 3782 PLN2006-144 - 1070 Dell Avenue -- Use Permit - Rennwerks 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 (PLN2006-144) to allow a motor vehicle repair facility to be located at 1070 Dell Avenue. The project shall substantially conform to the Project Plans received by the Planning Division on November 20, 2006, and in compliance with the Written Statement project description received on October 17, 2006, 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 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 shall be 8.30 a.m. to 5:30 p.m. Monday through Friday, and closed on weekends and most nationally recognized holidays. The closing time shall mean the business is closed and all employees have exited the building. 5. Propertv 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. 6. Sionaoe: 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. 7. Outdoor Storaoe: Outdoor storage shall be limited to two commercial trailers used in conjunction with the race shop and located completely out of public view in the rear Planning Commission Resolution No. 3782 PLN2006-144 - 1070 Dell Avenue -- Use Permit - Rennwerks Page 4 property fenced area. No automotive repair or storage of vehicles other than the two commercial trailers shall occur outside building. 8. Fencina: A six foot high masonry wall shall be constructed along the side and rear property lines designated as the fenced yard on the site plan. The six foot high masonry wall is an operational requirement for Motor Vehicle Repair facilities as required by Section 21.36.140 of the Zoning Code. 9. Noise: a. Noise Standard: Any noises, sounds and/or voices, including but not limited to amplified sounds, loud speakers, sounds from audio sound systems, bells, rewing of engines, tools, and/or music generated by the subject use shall not be audible to a person of normal hearing capacity from any residential property. The use of a public address system is not allowed for this project. b. Noise Manaaement: In the event complaints are received by the City regarding noise, 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. c. Front and Side Doors: The front and side door to the business shall not remain in an open position during business hours. 10. Trash & Clean Up: All trash, normal clean up, carpet cleaning, etc. shall not be done in the late evening or early morning hours. All clean up shall be done between 6:00 a.m. and 11 :00 p.m. daily. 11. Parkino and Drivewavs: All parking and driveway areas shall be maintained in compliance with the standards in Chapter 21.28 (Parking & Loading) of the Campbell Municipal Code. Building Department 12. Permits Reauired: A building permit application shall be required for the proposed tenant improvements to the (e) commercial structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 13. Construction Plans: The conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 14. Size of Plans: the minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. 15. 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. Planning Commission Resolution No. 3782 PLN2006-144 - 1070 Dell Ayenue -- Use Permit - Rennwerks Page 5 16. 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. 17. Title 24 Enerav 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. 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 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 Provisions: 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 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 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. Planning Commission Resolution No. 3782 PLN2006-144 - 1070 Dell Avenue -- Use Permit - Rennwerks Page 6 PASSED AND ADOPTED this 14th day of November, 2006, by the following roll call vote: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Alderete, Doorley, Francois, Gibbons, Rocha and Roseberry None Ebner None AYES: Commissioners: APPROVED:M4--~ Bob Alderete, Chair ATTEST: ~ ~ ./ Sharon Fierro, Secretary