PC Res 3399RESOLUTION NO. 3399
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT
(PLN2001-117) TO ALLOW A CAR RENTAL ESTABLISHMENT ON
PROPERTY LOCATED AT 2230 S. BASCOM AVENUE IN A C-2-S
(GENERAL COMMERCIAL) ZONING DISTRICT. APPLICATION OF
MR. TODD D'ALLESSANDRO, ON BEHALF OF HERTZ LOCAL
EDITION. FILE NO. PLN2001-117.
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 PLN2001-117:
It is desirable to locate the car rental service at this location due the size of the business (a
maximum of 12 rental vehicles) and the provision of adequate on-site parking.
It is desirable to locate the proposed car rental use at this location in that the project site is a
commercial property. The site is adequate in size to accommodate the required parking,
loading, and storage activities of the proposed use.
The propose tenant space represents 26 percent of the building's square footage but does not
create an excessive parking demand due to the highest demand occurring on weekend and
during the evening hours.
4. The project site as conditioned will be landscaped and consequently is buffered to adjacent
residential uses and the public street along South Bascom Avenue.
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The proposed use consists of the operation of a car rental business, including the storage of
vehicles and related office use. Potential noise to adjacent residential uses may result from
minor cleaning and preparation of rental vehicles, however, conditions of approval are
recommended to limited adverse noise.
6. The project site has a net area of 15,257 square feet with a multi-tenant retail building of
approximately 3,800 square feet, that includes a 1,000 square foot office area
a. The site plan provides twenty (20) parking spaces.
7. The site would be occupied by the proposed office and undetermined commercial uses.
8. The proposed use as conditioned would occupy 1,000 square feet as an office space and
approximately 10 parking spaces during peak parking demand.
9. The proposed as conditioned use would employ four (4) full time employees six days a week,
and would involve the use of approximately six (6) vehicles for rent.
Planning Commission Resoluuon No. 3399
PLN2001-117 - 2330 S. Winchester Boulevard - Use Permit - Hertz Local Edition
Page 2
10. There is a reasonable relationship and a rough proportionality between the Conditions of
Approval and the impacts of the project.
Based on the foregoing findings of fact, the Planning Commission further finds and concludes that:
The establishment, maintenance, or operation of the use applied for will not be detrimental to
the public health, safety, peace, morals, comfort, or general welfare of persons residing or
working in the neighborhood of such proposed use, or detrimental or injurious to property and
improvements in the neighborhood or to the general welfare of the City. The proposed use
would probably significantly disturb the peace and enjoyment of nearby residential
neighborhoods.
The proposed site is adequate in size to accommodate the parking, loading facilities, storage
needs and other development features required in order to integrate said use with uses in the
surrounding area or other uses sharing the project site.
3. The proposed site does have adequate vehicular circulation to carry the kind and quantity of
traffic such uses would generate
The proposed use is compatible with the uses in the area and within the commercial complex.
The proposed use would not likely create a nuisance due to problems involving parking, traffic,
noise or other factors.
5. There is a reasonable relationship and a rough proportionality between the Conditions of
Approval and the impacts of the project.
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
Approved Project: Approval is granted for a Conditional Use Permit (PLN 2001-117) to allow
the establishment of a car rental agency office in an existing commercial building on property
located at 2230 South Bascom Avenue. Approval shall substantially conform to the project
exhibits listed below, except as may be modified by the Conditions of Approval contained
herein:
A. Site plan of property received October 5, 2001.
B. Applicant's letter of abstract- Hertz Local Edition, dated October 23,2001.
C. Rental business service to be restricted to 6 rental vehicles (cars or vans) at this location and
a maximum of four office employees' vehicles. Four of the six allowed rental vehicles shall
be parked in tandem in the rear lot and no more than six cars shall be stored on the site
overnight.
Planning Commission Resoluuon No. 3399
PLN2001-117 - 2330 S. Winchester Boulevard - Use Permit - Hertz Local Edition
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D. The four permitted Hertz employees shall be required to park their personal vehicles in the
rear parking lot.
2. Hours of Operation: The hours shall be restricted to the following:
Monday - Friday: 7:00 a.m. to 6:00 p.m.
Saturdays: 9:00 a.m. to 1:00 p.m.
No auto repair or servicing permitted: Approval of the car rental business at this location is
limited to storage and parking of vehicles only. Minor vehicle preparation of vacuuming and
interior window cleaning is permitted during business hours only. No vehicle maintenance,
washing or repairs shall be permitted at this location.
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Landscaping and Wall Plans: The applicant shall submit a detailed landscape and irrigation
plan to be reviewed and approved by the Community Development Director prior to issuance of
any building permits for the project to include the following:
a. Ail street trees and on-site streets shall be a minimum 24-inch box size. Shrubs shall be a
minimum of 5-gallon size.
All landscaping installed as required per the approved landscape plan shall be maintained in
good health. The applicant shall record a landscape maintenance agreement, prior to the
issuance of building permits.
c. All landscaping shall be installed within 60 days of building occupancy.
d°
All hardscape items (i.e. disabled sidewalk, walkways to front entrance) shall be reviewed
and approved by the Community Development Director prior to issuance of building
permits.
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In the event that substantiated noise complaints are received from the adjacent residential
properties as a result of the operation of this Hertz rental car leasing office, the Community
Development Director shall require that the existing masonry wall along the rear property
line to be increased in height to a minimum height of 6 feet. Wall plan to be reviewed and
approved by the Community Development Director, prior to issuance of building permits.
f. All landscape areas shall be protected by 6-inch concrete curbs.
Parking and Driveways: All driveway areas shall be developed in compliance with Chapter
21.50 of the Campbell Municipal Code.
Easement or Covenant: The applicant or property owner shall provide evidence in a manner
acceptable to the City Attorney that a record easement or covenant is recorded with the property
to the south of the project site that entitles the business owner to utilize parking spaces on the
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adjacent property. Prior to establishment of the business such evidence shall be reviewed and
approved by the Community Development Director.
7. Signs: No signing is permitted as part of the development applications approved herein. Any
new signage shall require approval of a sign permit as required by Chapter 21.53 of the
Campbell Municipal Code. No new signing shall be installed until a sign permit has been
approved and granted. The existing freestanding sign shall be removed or modified to comply
with Sign Ordinance standards.
8. Noise:
A. Noise Standard: Any noises, sounds and/or voices, including but not limited to loud speakers
and sounds generated by uses from the rental business shall not be audible to a person of
normal hearing acuity from any residential property adjacent to the project site.
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Noise Management: In the event complaints are received by the City regarding noise, the
Community Development Director, upon confirmation that the noises are generated by the
car rental business, may limit the operational hours and/or may require a Noise Management
Plan to be submitted by the applicant consisting of an acoustical study by a qualified
acoustical engineer for recommendations to attenuate the noise. The Noise Management
Plan shall require implementation of the mitigation measures as determined in the acoustical
study to comply with the noise conditions as herein included in these Conditions of
Approval. Additionally, the Community Development Director will have the authority to
immediately reduce and/or prohibit outright the parking of rental vehicles on site as a means
to solve noise complaints.
C. Exterior Speakers: No audio sound system, music, public address system, and/or speakers
shall be used in association with the rental business.
Rental Service Area: The storage area used for the rental vehicles shall be limited to 6 parking
spaces. This area shall accommodate all storage and parking needs of the proposed rental
business. All cleaning equipment and supplies shall be stored within the building except during
use. Minor cleaning of vehicles shall be restrict to business hours and shall be limited to
vacuuming and interior window cleaning.
10. Conditional Use Permit Approval: The Conditional Use Permit is subject to revocation and
hearing by the Planning Commission, in the event any conditions of approval are violated or are
not fulfilled.
PUBLIC WORKS DEPARTMENT:
11. Proof of Ownership: Prior to issuance of any grading, drainage, or building permits for the site,
the applicant shall provide a current preliminary title report, grant deed, or other satisfactory
proof of ownership.
12. Street Improvements: Prior to issuance of any grading or building permits for the site, the
applicant shall execute a street improvement agreement and shall cause plans for public Street
Improvements to be prepared by a registered civil engineer, pay various fees and deposits, post
security and provide insurance necessary to obtain an encroachment permit for construction of
Planning Commission Resolunon No. 3399
PLN2001-117 - 2330 S. Winchester Boulevard - Use Permit - Hertz Local Edition
Page 5
the standard public street improvements, as required by the City Engineer. The fee for a non-
utility encroachment permit application is currently $255.00. The plans shall include the
following:
a. Installation of tree wells, irrigation, and street trees at approximately 40 feet on center.
13. Storm Drain Area Fee: Prior to issuance of any grading or building permits for the site, the
applicant shall pay the required Storm Drain Area fee, which is $2,500 per acre.
14. Storm Water Pollution Prevention Measures: Prior to issuance of any grading or building
permits, the applicant shall comply with the National Pollution Discharge Elimination System
(NPDES) permitting requirements and the California Storm Water Best Management Practices
handbook prepared by the Storm Water Quality Task Force, Santa Clara Valley Water District
and the City of Campbell Municipal Code regarding Storm Water Pollution Prevention. The
City will provide information to the applicant regarding NPDES requirements and alternatives
for compliance.
13. Covenants, Conditions, and Restrictions: Provide CC&Rs for review by the City prior to
issuance of permits, concerning maintenance of NPDES facilities.
14. Site Plan: Upon submittal of a formal application, the developer shall provide a complete and
accurate Site Plan in accordance with the Planning Division's checklist.
BUILDING DIVISION:
15. Permits Required: A building permit application shall be required for the proposed tenant
improvements to the existing structure. The building permit shall include
Electrical/Plumbing/Mechanical fees when such work is part of the permit.
16. Construction Plans: The conditions of Approval shall be stated in full on the cover sheet of
construction plans submitted for building permit.
17. Size of Plans: The minimum size of construction plans submitted for building permits shall be
24 in. × 36 in.
18. 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.
19. 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.
20. Title 24 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.
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PLN2001-117 - 2330 S. Winchester Boulevard - Use Permit - Hertz Local Edition
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21. Special ln?eetinns: 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.
22. Nion Point Sm~rces: 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.
23. Title 94 Acce~ihillty - 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.
24. Title 74 Acce~ihili~ - 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.
25. Apprnwi~ l~eqnlrect: The project requires the following agency approval prior to issuance of
the building permit:
a. Santa Clara County Fire Department
PASSED AND ADOPTED this 13th day of November, 2001, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Alderete, Doorley, Francois, Gibbons, Hemandez and Leonard
None
Jones
None
ATTEST:
Tom Francois, Chair
Sharon Fierro, Secretary