PC Res 3785
RESOLUTION NO. 3785
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT
(PLN2006-147) TO ALLOW THE ESTABLISHMENT OF AN AUTO
RENTAL BUSINESS (EXPRESS RENT A CAR) IN AN EXISTING
LIGHT INDUSTRIAL BUILDING ON PROPERTY OWNED BY MR.
STEVEN CLOUD LOCATED AT 2970 S. WINCHESTER
BOULEVARD IN AN M-1-S (LIGHT INDUSTRIAL) ZONING
DISTRICT. APPLICATION OF MR. DAVE CARDOZA, ON BEHALF
OF EXPRESS RENT A CAR. FILE NO: PLN2006-147.
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 PLN2006-147
1. The proposed motor vehicle rental business is consistent with the Light Industrial
General Plan land use designation.
2. The proposed motor vehicle rental business is a permitted use within the M-1-S
(Light Industrial) zoning designation with approval of a Conditional Use Permit.
3. The 5.38 acre project site is developed with six industrial/commercial buildings that
cover approximately 41 percent of the project site. The applicant intends to occupy a
portion of an 11,000 square foot multi-tenant industrial with an existing 6,440 square
foot.
4. The proposed motor vehicle rental business shall be limited to the use and display of
5 rental vehicles.
5. The project site is located on the east side Winchester Blvd. just north of its
intersection with East Hacienda Avenue. The site is accessed from Winchester Blvd.
via a driveway over the Union Pacific railroad right-of-way.
6. The submitted site plan depicts 45 parking spaces adjacent to the industrial building
and a total of 98 on-site parking spaces. The proposed repair and motor vehicle
rental use generates a parking demand of 26 spaces where 30 spaces are provided
adjacent to or in close proximity to the proposed use
7. The proposed project is consistent with other uses in the surrounding area.
8. No exterior modifications to the building are proposed in conjunction with the
proposed use with the exception of designating 5 exterior parking spaces for vehicle
display.
Planning Commission Resolution No. 3785
PLN2006-147 - 2970 S. Winchester Boulevard --Use Permit - Express Rent A Car
Page 2
9. The hours of operation shall be restricted to 7:30 a.m. to 5:30 p.m. Monday through
Friday and closed on the weekends and most national holidays.
10. 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 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 rental facility, as conditioned, will not
significantly disturb the peace and enjoyment of the nearby residential
neighborhood.
9. The establishment of a motor vehicle rental facility will not significantly increase the
demand on City services.
Planning Commission Resolution No. 3785
PLN2006-147 - 2970 S. Winchester Boulevard --Use Permit - Express Rent A Car
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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 (PLN2006-147) to allow the establishment of an auto rental
business (Express Rent A Car) in an existing light industrial building on property owned
by Mr. Steven Cloud located at 2970 S. Winchester Boulevard in an M-1-S (Light
Industrial) 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 Proiect: Approval is granted for a Conditional Use Permit (PLN2006-147)
to allow a motor vehicle rental business to include a maximum of five rental cars in
conjunction with an auto repair use to be located at 2970 S. Winchester Boulevard.
The project shall substantially conform to the Project Plans received by the Planning
Division on October 2, 2006 and November 9, 2006, and shall operate in compliance
with the Written Statement project description, 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.
Planning Commission Resolution No. 3785
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4. Business Operational Hours: The hours of operation shall be 7:30 a.m. to 5:30 p.m.
Monday through Friday, and closed on weekends. 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. Sionaae: 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 StoraQe: Outdoor storage shall be limited to five rental vehicles in
conjunction with the auto repair shop and shall be located along the driveway
adjacent to the southern elevation of the tenant space. No automotive rental
preparation, maintenance or repair shall be permitted outside the building.
8. 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 ManaQement: 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.
9. 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
10. 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.
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 minimum size of construction plans submitted for building permits
shall be 24 in. X 36 in.
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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 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.
16. Soeciallnsoections: 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 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.
18. Title 24 Accessibilitv - 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 Accessibilitv - 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.
20. Approvals Reauired: 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
21. 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
Planning Commission Resolution No. 3785
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in the approval process. Applicant should also consult with P.G. and E. concerning
utility easements, distribution pole locations and required conductor clearances.
Fire Department
22. Emeraencv Gate/Access Gate Reauirements: Gate installations shall conform to
Fire Department Standard Details and Specification G-1 and, when open shall not
obstruct any portion of the required width for emergency access roadways or
driveways. Locks, if provided, shall be fire department approved prior to installation.
Gate must have minimum of 20 feet of clear width in open position.
Public Works Department
23. Plan Lines: Prior to issuance of the conditional permit for the site, the applicant shall
provide a plan layout showing the correct street dimensions (dimension widths of
entire street and dimension from property line to centerline of roadway), and existing
street improvement dimensions (sidewalk, curb, gutter, etc.).
24. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and
sewer c1eanout(s) shall be relocated or installed on private property behind the
public right-of-way line.
25. Utilities: All new on-site utilities, if any, shall be installed underground per Section
21.18.140 of the Campbell Municipal Code for any new or remodeled buildings or
additions. Applicant shall comply with all plan submittals, permitting, and fee
requirements of the serving utility companies.
26. Stormwater Pollution Prevention Measures: The applicant shall comply with the
National Pollution Discharge Elimination System (NPDES) permit requirements,
Santa Clara Valley Water District requirements, and the Campbell Municipal Code
regarding stormwater pollution prevention. The primary objectives are to improve
the quality and reduce the quantity of stormwater runoff to the bay.
Resources to achieve these objectives include Stormwater Best Management
Practices Handbook for New Development and Redevelopment ("CA BMP
Handbook") by the California Stormwater Quality Association (CASQA), 2003; Start
at the Source: A Design Guidance Manual for Stormwater Quality Protection ("Start
at the Source") by the Bay Area Stormwater Management Agencies Association
(BASMAA), 1999; and Using Site Design Techniques to Meet Development
Standards for Stormwater Quality: A Companion Document to Start at the Source
("Using Site Design Techniques") by BASMAA, 2003.
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PLN2006-147 - 2970 S. Winchester Boulevard --Use Permit - Express Rent A Car
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27. Minimum BMPs for Auto Related Facilities:
a. No person shall dispose of, nor permit the disposal, directly or indirectly, of
vehicle fluids, hazardous materials, or rinse water from parts cleaning operations
into storm drains.
b. No vehicle fluid removal shall be performed outside a building, nor on asphalt or
ground surfaces, whether inside or outside a building, except in such a manner
to ensure that any spilled fluid will be in an area of secondary containment.
Leaking vehicle fluids shall be contained or drained from the vehicle
immediately.
c. Auto related facilities shall not contain floor drains connected to the storm main.
d. Tanks, containers or sinks used for parts cleaning or rinsing shall not be
connected to the storm drain system.
e. No runoff from any car washing activity shall be discharged to the storm drain
system.
PASSED AND ADOPTED this 12th day of December, 2006, by the following roll call
vote:
Commissioners:
Commissioners:
Commissioners:
Alderete, Doorley, Ebner, Francois, Gibbons, Rocha
and Roseberry
None
None
None
APPROVED:~C~
Bob Alderete, Chair
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
ATTEST: