PC Res 3791
RESOLUTION NO. 3791
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT
(PLN2006-178) TO ALLOW THE ESTABLISHMENT OF AN
INTERIOR AUTO SALES USE IN APPROXIMATELY 1,465 SQUARE
FEET OF AN EXISTING OFFICE/WAREHOUSE BUILDING ON
PROPERTY OWNED BY SOPHIE, LLC, LOCATED AT 529 FORMAN
DRIVE, IN AN M-1-S (LIGHT INDUSTRIAL) ZONING DISTRICT.
APPLICATION OF MR. JIM MORELAN, ON BEHALF OF MR. STEVE
VIDLOCK. FILE NO: PLN2006-178.
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 PLN2006-178.
1. The proposed auto sales use is consistent with the Light Industrial General Plan land
use designation for the project site.
2. The proposed auto sales use is consistent with the requirements of the M-1-S
Zoning District and will be consistent with the Zoning Ordinance with approval of a
Conditional Use Permit.
3. The project site consists of a .47 acre lot, developed with 8,597 square feet of
building area coverage, 1,776 square feet of landscaping, and 10,100 square feet of
paving.
4. No exterior modifications to the building or site configuration are proposed in
conjunction with the proposed establishment of the auto sales use.
5. The project site is located on the east side of Forman Drive, between East McGlincy
Lane and West Valley Drive. The property is surrounded by industrial uses to the
south and west, a mobile home park to the north, and industrial and multi-family
residential to the east.
6. The auto sales operation shall be conducted entirely within the building and shall
consist of no more than four vehicles for sale at any time. The business shall be
limited to one employee.
7. Automobile sales shall be conducted primarily by appointment and referral basis.
8. Business hours shall be restricted to 8:00 a.m. to 6:00 p.m. daily. Vehicle deliveries
and other activities not open to the public shall occur between the hours of 6:00 a.m.
and 11 :00 p.m. No business activity of any kind shall be allowed between the hours
of 11 :00 p.m. and 6:00 a.m.
Planning Commission Resolution No. 3791
PLN2006-178 - 529 Forman Drive - Use Permit -Interior Auto Sales
Page 2
9. The existing 27 parking spaces will adequately meet the demands generated by the
change in use, and will not be detrimental to the overall parking and circulation on
the project site.
10. The proposed use is consistent with other developments and uses in the
surrounding area.
11. 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 walls, landscaping, parking and loading facilities, yards, and other
development features required in order to integrate the use with uses in the
surrounding area.
4. The proposed site is adequately served by streets of 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. 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.
8. There is a reasonable relationship and a rough proportionality between the
conditions of approval and the impacts of the project.
Planning Commission Resolution No. 3791
PLN2006-178 - 529 Forman Drive - Use Permit - Interior Auto Sales
Page 3
THEREFORE, BE IT RESOLVED that the Planning Commission approves a
Conditional Use Permit (PLN2006-178) to allow the establishment of an interior auto
sales use in approximately 1.465 square feet of an existing office/warehouse building on
property owned by Sophie, LLC, located at 529 Forman Drive 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. Aooroved Proiect: Approval is granted for a Conditional Use Permit (PLN2006-178)
to allow the establishment of an auto sales use within an existing industrial building
on property located at 529 Forman Drive, Unit B. The project shall substantially
conform to the project plans dated December 6, 2006 and the project description
dated January 5, 2007, except as may be modified by the conditions of approval
contained herein.
a. Project plans prepared for Steve Vidlock by Jim Morelan and Associates,
Inc., dated December 6, 2006.
b. Written Description prepared by Morelan Associates, Inc. - Steve Vidlock,
dated January 5, 2007.
2. Conditional Use Permit Aooroval Exoiration: 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 Ooerational Hours: The hours of operation are proposed from 8:00 a.m. to
6:00 p.m., daily. Vehicle deliveries and other activities not open to the public shall
occur between the hours of 6:00 a.m. and 11 :00 p.m. No business activity of any
kind shall be allowed between the hours of 11 :00 p.m. and 6:00 a.m.
Planning Commission Resolution No. 3791
PLN2006-178 - 529 Forman Drive - Use Permit - Interior Auto Sales
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5. Maximum Number of Vehicles Displaved For Sale: No more than four vehicles shall
be for sale at any time. All vehicles for sale shall be displayed inside the building.
6. Maximum Number of Emolovees: The auto sales business shall be limited to one
employee.
7. Prooertv 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.
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 Manaoement: 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. Sionaoe: No signage is approved as part of the development application approved
herein. All signage shall be installed and maintained consistent with the standards
of Chapter 21.30 (Sign Ordinance) of the Campbell Municipal Code.
10. Outdoor Storace or Disolav: No outdoor storage is permitted on the subject
property. No equipment or materials shall be stored outside the building or within
the parking lot. The display of any vehicles for sale shall be conducted within the
building.
11. Parkino and Drivewavs: All parking and driveway areas shall be maintained in
compliance with the standards of Chapter 21.28 (Parking & Loading) of the
Campbell Municipal Code.
Building Division
12. Permits Reauired: A building permit application shall be required for the proposed
tenant improvement. The building permit shall include Electrical, Plumbing, or
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 size of construction plans submitted for building permits shall be
24 inches by 36 inches.
Planning Commission Resolution No. 3791
PLN2006-178 - 529 Forman Drive - Use Permit - Interior Auto Sales
Page 5
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.
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 Enercv Comoliance: 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. Soeciallnspections: 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-ooint Source Pollution Control Prooram. 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 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.
21. Title 24 Hardshio Exemotion: 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. 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. & E. concerning
utility easements, distribution pole locations and required conductor clearances.
23. Aoorovals 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
/
Planning Commission Resolution No. 3791
PLN2006-178 - 529 Forman Drive - Use Permit -Interior Auto Sales
Page 6
County Fire Department
24. ReQuired Fire Flow: The Fire flow for this project is 2500 gpm at 20 psi residual
pressure. The required fire flow is available from area water mains and fire
hydrant(s), which are spaced at the required spacing.
PASSED AND ADOPTED this 23rd day of January, 2007, by the following roll call vote:
AYES:
Commissioners:
Alderete, Doorley, Ebner, Francois, Gibbons, Rocha
and Roseberry
None
None
None
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
- /'1~)
1( /i} Ul/ j
APPROVED: /! M. (f{Ij
M1chael Rocha, Chair
ATTEST: e#;It/un, '-~
.",
Sharon Fierro, Secretary