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PC Res 3842 RESOLUTION NO. 3842 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2007 -99) FOR THE EXPANSION OF A LEGAL NON- CONFORMING AUTO REPAIR USE TO ALLOW FOR THE ADDITION OF AN ENCLOSED SPRAY BOOTH ON PROPERTY OWNED BY MR. EARL TANNER LOCATED AT 216 CRISTICH LANE IN AN M-1-S (LIGHT INDUSTRIAL) ZONING DISTRICT. APPLICATION OF MR. DAVID FERGUSON, ON BEHALF OF IMAGES AUTO BODY. FILE NO.: PLN2007-99. 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 PLN2007 -99. 1. The proposed motor vehicle repair facility is consistent with the Central Commercial General Plan land use designation. 2. The proposed motor vehicle repair facility will be compatible with the M-1 (Light Industrial) zoning designation with approval of a Conditional Use Permit. 3. The project site is developed with existing one and two story industrial and office buildings. 4. The project site is located on the east side of Cristich Lane. The property is surrounded by industrial/commercial uses to the North, South, East and West. 5. The proposed project is consistent with other developments and uses in the surrounding area. 6. The hours of operation shall be restricted to 7:00 a.m. to 7:00 p.m., Monday through Saturday, and 10:00 a.m. to 7:00 p.m., Sundays and national holidays. 7. 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. Planning Commission Resolution No. 3842 PLN2007-99 - 216 Cristich Lane - Use Permit -Images Auto Body Page 2 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 repair facility, as conditioned, will not significantly disturb the peace and enjoyment of the nearby residential neighborhood. 9. The establishment of a motor vehicle repair facility will not significantly increase the demand on City services. 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 (PLN2007-99) to allow the expansion of a legal non-conforming auto repair use to allow for the addition of an enclosed spray booth on property owned by Mr. Earl Tanner located at 216 Cristich Lane 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. Planning Commission Resolution No. 3842 PLN2007-99 - 216 Cristich Lane - Use Permit -Images Auto Body Page 3 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division 1. Approved Proiect: Approval is granted for a Conditional Use Permit (PLN2007-99) to allow the expansion of an existing non-conforming motor vehicle repair facility and the addition of a enclosed spray booth located at 216 Cristich Lane. The project shall substantially conform to the Project Plans received by the Planning Division on August 23, 2007, and in compliance with the Written Statement project description received on June 27, 2007, except as may be modified by the Conditions of Approval herein. * * Planning sign off is required to prior to Building Permit final. Construction not in substantial compliance with the approved project plans shall not be approved without prior authorization of the necessary approving body. 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. Declaration of Acceptance of All Conditions: Within thirty (30) days of Planning Commission approval, the applicant and property owner shall sign the final, approved set of Conditions of Approval. Until said Conditions are signed, the proposed Use Permit shall not be valid for any permits sought from the City. 4. 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. 5. Business Operational Hours: The hours of operation shall be restricted to 7:00 a.m. to 7:00 p.m., Monday through Saturday, and 10:00 a.m. to 7:00 p.m., Sundays and national holidays. The closing time shall mean the business is closed and all employees have exited the building. 6. 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. 7. Sionaoe: 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. Planning Commission Resolution No. 3842 PLN2007-99 - 216 Cristich Lane - Use Permit -Images Auto Body Page 4 8. lIIeaal Structures: All non-permitted structures, including the cargo storage containers, detached accessory structure used for boat storage, and the RV carport shall be removed completely from the property. 9. Landscape Plan: The applicant shall submit four (4) sets of a final landscape and irrigation plan to the Planning Division, prior to the issuance of building permits, for review and approval by the Community Development Director. The landscape and irrigation plan shall comply with the City Landscape Ordinance by providing landscaping on at least 8% of the project site and substantially conform with the approved conceptual landscape plan and the City's Water Efficient Landscaping Standards (WELS). Landscaping shall be designed to minimize irrigation and runoff, promote surface infiltration where appropriate, and minimize the use of fertilizers and pesticides that can contribute to storm water pollution. 10. Motor Vehicle Repair Facilities: The applicant shall comply with the entire operational requirements of the Campbell Zoning Ordinance Section 21.36.140, Motor Vehicle Facilities. 11.lnoperable Vehicles: The storage of inoperable outside of a fully enclosed and legally permitted structure is prohibited. Remove any and all inoperable vehicle on site. 12. Recreational Vehicles: The storage of recreational vehicles on site is prohibited. Remove any and all recreational vehicles from the property. 13. Outdoor Storaoe: No outdoor storage is allowed pursuant to the Conditional Use Permit. 14. Fencino: A six foot high masonry wall shall be constructed along the side and rear property lines designated as the fenced yard on the site plan. The six foot high masonry wall is an operational requirement for Motor Vehicle Repair facilities as required by Section 21.36.140 of the Zoning Code. 15. 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. c. Front and Side Doors: All doors, including service bay doors, shall not remain in an open position during business hours. Planning Commission Resolution No. 3842 PLN2007-99 - 216 Cristich Lane - Use Permit -Images Auto Body Page 5 16. Trash & Clean Up: All trash, normal clean up, carpet cleaning, etc. shall not be done in the late evening or early morning hours. All clean up shall be done between 6:00 a.m. and 11 :00 p.m. daily. 17. Parkina 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 18. Permits Reauired: A building permit application shall be required for the proposed tenant improvements to the existing commercial structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 19. Construction Plans: The conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 20. Size of Plans: the minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. 21. 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. 22. 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. 23. 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. 24. Special Inspections: 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. 25. 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. Planning Commission Resolution No. 3842 PLN2007-99 - 216 Cristich Lane - Use Permit -Images Auto Body Page 6 26. Title 24 Accessibility - 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. 27. Title 24 Accessibility - 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. 28.Approvals Reauired: The project requires the following agency approval prior to issuance of the building permit. a. Santa Clara County Fire Department 29. 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. and E. concerning utility easements, distribution pole locations and required conductor clearances. PUBLIC WORKS DEPARTMENT 30. Leaal Lot: The applicant shall provide documentation to ascertain that the property has been legally created. 31. Storm Drain Area Fee: Prior to issuance of the conditional use permit for the facility, the applicant shall pay the required Storm Drain Area fee, currently set at $2,650 per net acre, which is $2,438.00 32. Deferred Street Improvement Aareement: Prior to issuance of a building permit for the accessory structure/spray booth, the owner shall execute a deferred and notarized street improvement agreement for construction of standard street improvements, as required by the City Engineer. The future plans for the deferred street improvement may include the following: a. Show location of all existing utilities within the existing public right of way. b. Relocation of all existing utilities including utility boxes, covers, poles, etc. outside of sidewalk area. No utility boxes, covers, etc. will be allowed in the sidewalk area. c. Removal of existing street section to centerline d. Installation of engineered structural pavement section to centerline, as required by the City Engineer. e. Installation of City standard curb, gutter, sidewalk and ADA compliant driveway approaches. f. Installation of street trees at 30 feet on center. g. Installation of streetlights, conduits, conductors and related facilities in accordance with the City of Campbell's Street Lighting Policies. Planning Commission Resolution No. 3842 PLN2007-99 - 216 Cristich Lane - Use Permit -Images Auto Body Page 7 h. Installation of traffic control, signage, and markings. i. Construction of conforms to existing public and private improvements, as necessary. 33. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer cleanout(s) shall be relocated or installed on private property behind the future public right-of-way line. 34. Utilities: All on-site utilities 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. 35. Utility Coordination Plan: Prior to issuance of an encroachment permit for the required street improvements, the applicant shall submit a utility coordination plan and schedule for approval by the City Engineer for installation and/or abandonment of all utilities as necessary. The plan shall clearly show the location and size of all existing utilities and the associated main lines; indicate which utilities and services are to remain; which utilities and services are to be abandoned, and where new utilities and services will be installed. Joint trenches for new utilities shall be used whenever possible. 36. Pavement Restoration: Based on the utility coordination plan, the applicant shall prepare a pavement restoration plan for approval by the City Engineer prior to any utility installation or abandonment. Public Streets that have been reconstructed or overlaid within the previous five years will require boring and jacking for all new utility installations. Cristich Lane is currently a private street. 37. Utility Encroachment Permit: Separate permits for the installation of utilities to serve the development will be required (including water, sewer, gas, electric, etc.). Applicant shall apply for and pay all necessary fees for utility permits for sanitary sewer, gas, water, electric and all other utility work. 38. Additional Street Improvements: Should it be discovered after the approval process that new utility main lines, extra utility work or other work is required to service the development, and should those facilities or other work affect any public improvements, the City may add conditions to the development/project/permit, at the discretion of the City Engineer, to restore pavement or other public improvements to the satisfaction of the City. 39. Stormwater Pollution Prevention Measures: Prior to issuance of the conditional use permit, the applicant shall provide a certified and stamped statement from the design engineer that the facility complies 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. Planning Commission Resolution No. 3842 PLN2007-99 - 216 Cristich Lane - Use Permit -Images Auto Body Page 8 Specifically the project must include source control, site design and treatment measures to achieve compliance with Provision C.3 of the NPDES Permit. Measures may include, but are not limited to, minimization of impervious surface area, vegetated swales, infiltration areas, and treatment devices. The primary objectives are to improve the quality and reduce the quantity of stormwater runoff to the bay. Resources to achieve these objectives include Storm water 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 BAS MAA , 2003. 40. Bay Area Air Quality Control Manaaement District Permit: Prior to issuance of a building permit, the applicant shall pay the necessary fees to obtain the necessary permits from the Bay Area Air Quality Management District for operation of the facility and submit the said permits to the City. . FIRE DEPARTMENT 41. Fire Department (Enoine) Turn-around: Provide marking for the designated turn around within the project. Markings shall be per Fire Department specifications. Installations shall also conform to Local Government Standards and Fire Department Standard Details and Specifications A-6. PASSED AND ADOPTED this 9th day of October, 2007, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Ebner, Gibbons and Rocha Alderete and Roseberry Doorley None APPROVEDt! N M Michael Rocha, Chair ATTEST: