CC Resolution 10049
RESOLUTION NO.
10049
BEING A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CAMPBELL APPROVING AN EXTENSION
(PLN2002-02) TO A PREVIOUSLY APPROVED
CONDITIONAL USE PERMIT (UP 84-19) TO ALLOW THE
CONTINUED USE OF THE PROPERTY AS A
COMMERCIAL CONSTRUCTION SUPPLY STORAGE
YARD AND PARKING LOT ON PROPERTY OWNED BY
MR. JOE SALVADOR LOCATED AT 238-246 RAILWAY
A VENUE IN A P-D (PLANNED DEVELOPMENT) ZONING
DISTRICT. APPLICATION OF MR. JOE SALVADOR ON
BEHALF OF RAIL WAY DISTRIBUTING, INe. FILE NO.
PLN2002-02.
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 City Council did find as follows
with respect to application PLN2002-02:
1. The continued use of the property as a commercial construction supply storage yard
and parking lot is consistent with the General Plan land use designation of Medium to
High Density Residential/Commercial.
2. The proposed project is consistent with the P-D (Planned Development) Zoning
District upon approval of a Conditional Use Permit Extension.
3. The continued use of the property as a commercial construction supply storage yard
and parking lot is consistent with the SOCA Area Plan.
4. No immediate development activity is proposed for this section of Railway A venue.
Should development activity be undertaken in the area which includes this parcel, the
applicant has agreed to sign an agreement to abandon the use upon six months notice
from the Redevelopment Agency.
5. The project provides five standard parking spaces and one handicapped parking
space.
6. Approval of the Conditional Use Permit Extension will not impede the potential for
future redevelopment of the area.
7. The project qualifies as a Categorically Exempt project per Section 15301, Class 1
(Existing Facilities) of the California Environmental Quality Act (CEQA).
Based on the foregoing findings of fact, the City Council further finds and concludes that:
City Council Resolution
PLN2002-02 - 238-246 Railway A venue - Extension of a Conditional Use Permit
Page 2 of 4
1. The proposed use is compatible with the General Plan of the City and will aid in the
harmonious development of the immediate area.
2. The proposed use is consistent with the City's Zoning Ordinance.
3. The proposed use will not be detrimental to the health, safety, or welfare of the
neighborhood or the City as a whole.
4. No substantial evidence has been presented from which a reasonable argument could
be made that shows that the project, as currently presented and subject to the required
Conditions of Approval, will have a significant adverse impact on the environment.
5. There is a reasonable relationship and a rough proportionality between the Conditions
of Approval and the impacts of the project.
NOW, THEREFORE, BE IT RESOLVED that the City Council approves an Extension
(PLN2002-02) to a previously approved Conditional Use Permit (UP 84-19) to allow the
continued use of the property as a commercial construction supply storage yard and
parking lot on property owned by Mr. Joe Salvador located at 238-246 Railway A venue,
subject to the following conditions:
Where approval by the Community Development Director, 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
Plannine Division
1. Proiect Approval: Approval is granted for an Extension (PLN2002-02) to a
previously approved Conditional Use Permit (UP 84-19) to allow the continued use of
the property as a commercial construction supply storage yard and parking lot located
at 238-246 Railway A venue. The project shall substantially conform to the project
exhibits listed below; except as may be modified by the Conditions of Approval
contained herein:
a. Project plans prepared by Bruno Marcelic Architect, A.LA and received by the
Planning Division on April 8, 2002.
2. Approval Expiration: The Conditional Use Permit shall be valid for a period of seven
years from the date of City Council Ratification. The Conditional Use Permit shall be
City Council Resolution
PLN2002-02 - 238-246 Railway Avenue - Extension of a Conditional Use Permit
Page 3 of 4
void and the use abandoned at such time unless an Extension is granted by the City
Council.
3. Previous Conditions of Approval: The Conditions of Approval contained herein shall
serve as the Conditions of Approval. The previous Conditions of Approval that have
been satisfied or are no longer applicable to the current project have been removed.
4. Extension of Time: An extension of time to complete the Conditions of Approval
shall be submitted in writing to the Community Development Director prior to the
final deadline. The Community Development Director shall review the request and
determine whether a reasonable extension of time may be granted.
5. Agreement to Vacate: Within 60 days of City Council Ratification, the applicant shall
sign an agreement acceptable to the City Attorney, indicating that the applicant will
abandon the use upon six months notice from the Redevelopment Agency should
development activity be undertaken in the area that includes this parcel. Failure to
satisfy this Condition of Approval within the specified time line will result in the
Conditional Use Permit being void.
6. Fencing: Within 60 days of City Council Ratification, the applicant shall install the
sight obscuring fencing and shall be maintain such fencing in accordance with the
approved plans. Any existing or proposed fencing shall comply with Section
21.59.090 of the Campbell Municipal Code. Failure to satisfy this Condition of
Approval within the specified time line will result in the Conditional Use Permit
being void.
7. Parking Stall Re-Striping: Within 60 days of City Council Ratification, the applicant
shall re-stripe the parking lot in accordance with the approved plans. The
handicapped space shall be developed in accordance with all requirements of the
California Building Code. Failure to satisfy this Condition of Approval within the
specified time line will result in the Conditional Use Permit being void.
8. Parking Area Use: The parking area as delineated on the plans shall not be used for
storage of materials or supplies.
9. Landscaping: Within 30 days of City Council Ratification, the applicant shall submit
four (4) sets of a landscape plan to the Planning Division which shows the size,
species, and method of irrigation for the new landscaping along the southwestern
comer of parcel number 412-08-061. The landscape plan shall be reviewed and
approved by the Community Development Director and the landscaping and
irrigation shall be installed within 60 days of City Council Ratification. Failure to
satisfy this Condition of Approval within the specified time line will result in the
Conditional Use Permit being void.
10. Parking and Driveways: All parking and driveway areas shall be maintained in
City Council Resolution
PLN2002-02 - 238-246 Railway Avenue - Extension of a Conditional Use Permit
Page 4 of 4
compliance with the standards in Chapter 21.50 of the Campbell Municipal Code.
11. Hours of Operation: The operational hours shall be limited to 6 a.m. to 11 p.m. daily,
unless a Conditional Use Permit is obtained from the Planning Commission for late
night operations.
12. Signs: No signage is permitted as part of the development application approved
herein. New signage shall not be installed prior to approval of a sign permit as
required by Chapter 21.53 of the Campbell Municipal Code.
13. On-Site Lighting: Any proposed on-site lighting shall be shielded away from adjacent
properties and directed on site. The design and type of lighting fixtures and lighting
intensity of any exterior lighting shall be reviewed and approved by the Community
Development Director, prior to issuance of a building permit. Lighting fixtures shall
be of a decorative design to be compatible with the development and shall incorporate
energy saving features.
PASSED AND ADOPTED this 18th day of
call vote:
June
, 2002, by the following roll
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Dean, Burr, Kennedy, Furtado, Watson
None
None
None
ATTEST:
_')" APPROVED: ~ ~.L;::::;:
. ~ Je ette Watson, Mayor
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Anne Bybee, City Clerk