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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 Page 3 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 PLN2006-147 - 2970 S. Winchester Boulevard --Use Permit - Express Rent A Car Page 4 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. Planning Commission Resolution No. 3785 PLN2006-147 - 2970 S. Winchester Boulevard --Use Permit - Express Rent A Car Page 5 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 PLN2006-147 - 2970 S. Winchester Boulevard --Use Permit - Express Rent A Car Page 6 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. Planning Commission Resolution No. 3785 PLN2006-147 - 2970 S. Winchester Boulevard --Use Permit - Express Rent A Car Page 7 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: