PC Res 3230RESOLUTION NO. 3230
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A REINSTATEMENT (R 99-02) OF
A PREVIOUSLY-APPROVED SITE AND ARCHITECTURAL REVIEW
PERMIT (S 96-12) TO ALLOW THE CONSTRUCTION OF A
COMMERCIAL BUILDING AND FOR A CONDITIONAL USE PERMIT
(UP 96-13) TO OPERATE AN AUTO BODY REPAIR BUSINESS ON
PROPERTY LOCATED AT 2205 WINCHESTER BOULEVARD IN A C-
2-S (GENERAL COMMERCIAL) ZONING DISTRICT. APPLICATION OF
MR. ROGER SCALA. FILE NO. R 99-02 (S 96-12/UP 96-13).
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 R 99-02 (S 96-12/up 96-13):
There have been no changes in the General Plan and the zoning of the property since the
previous approval of the project.
There have been no changes in the development standards or regulations which would
warrant change to the conditions of approval, other than the request for an extension of
time.
3. The applicant is requesting the extension of time to facilitate the completion of the project.
Auto repair facilities are permitted in the C-2-S Zoning District subject to the approval of a
conditional use permit.
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The particular type of vehicle repair business for which this permit is approved does not
engage in work which is noisy or which produces odors, i.e. no pounding, sanding or painting.
6. The business is not open during evenings, nor on Sundays.
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The block wall and trees adjacent to the residentially zoned properties will provide noise
attenuation and privacy.
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Vehicle doorways are located so there is no view into the auto repair area from the public
byway. Tree landscaping and building orientation will also prevent view of the auto repair
from adjacent buildings.
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
Planning Commission Resolution No. 3230
R 99-02 (S 96-12/UP 96-13) - 2205 S. Winchester Boulevard -- DentPro
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1. The proposed project is consistent with the General Plan and the local zoning ordinance.
2. The proposed project as conditioned will aid in the harmonious development of the
immediate area.
The establishment, maintenance or operation of the use applied for will not be detrimental
to the health, safety, peace, morals, comfort, or general welfare of persons residing or
working in the neighborhood of such proposed use, or be detrimental or injurious to
property and improvements in the neighborhood or to the general welfare of the City.
The proposed site is of adequate shape and size to accommodate the yards, walls, fences,
screening, landscaping and other development features required in order to integrate said use
with uses in the surrounding area.
5. The proposed site is adequately served by streets of sufficient capacity to carry the kind and
quantity of traffic such use would generate;
6. The proposed use is compatible with the uses in the area.
The applicant is hereby notified, as part of this application, that he/she is required to meet the
following conditions in accordance with the ordinance of the City of Campbell and the State of
California. The lead department with which the applicant will work is identified on each
condition where necessary. 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:
Conditions of Approval for the Reinstatement of S 96-12:
Approved Project: Approval is granted for a Site and Architectural Review Permit
allowing for the construction of a commercial building on property located at 2205
Winchester Boulevard. Project approval shall substantially comply with project plans
prepared by Gerard Patrick McGee, copyright 1999, except as modified herein in the
Conditions of Approval.
Development Approval Expiration: The Reinstatement (R99-02) of the Site and
Architectural Approval (S 96-12) for this project is valid for a period of one year from
the Planning Commission approval and shall expire on June 22, 2000. All conditions of
approval for construction and landscaping specified herein must be completed within
one year from the date of approval or the Approval shall be void.
Planning Commission Resolution No. 3230
R 99-02 (S 96-12/UP 96-13) - 2205 S. Winchester Boulevard -- DentPro
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Rooftop Utilities Screened: No utilities shall be placed on the roof which are not
screened from view from the public right-of-way, or from adjacent properties by the roof
parapet, or by other architectural means approved by the Planning Department.
Signage: Sign permits are required for all signs proposed. Approval of a Sign Exception
is required by the Planning Commission for more than one wall sign and one free-
standing sign.
Standard Street Improvements: Prior to issuance of any building permits for the site,
the applicant shall prepare plans, pay fees, post securities, and provide insurance as
required to obtain an encroachment permit to construct public street improvements as
required by the City Engineer. Public street improvement plans shall be prepared by a
registered Civil Engineer licensed in the State of California, and shall include the
following:
A. Removal of existing curb, gutter, two driveways, and sidewalk across the complete
property frontage.
B. Installation of new curb, gutter 10' sidewalk, driveway, street trees, tree wells and
irrigation system.
C. Relocation of water meter and sewer cleanout to back of sidewalk (property line).
D. Collection of all on-site drainage and convey underground to existing storm line in
Winchester Boulevard.
Prior to issuance of occupancy for the site, all public street improvements required
by the encroachment permit must be completed and accepted by the City Engineer
and the applicant must provide the one-year maintenance security.
Storm Drain Area Fee: Prior to issuance of any building permits for the site, the
applicant shall pay the required storm drain area fee of $2,500.
Grading and Drainage Plan: Prior to issuance of any building permits for the site, the
applicant shall conduct on- and off-site hydrology studies, and provide hydraulic
calculations, as necessary, prepare grading and drainage plans, and pay fees required to
obtain necessary grading permits. Structural calculations are required for all proposed
retaining walls. Storm drainage facilities shall be designed to accommodate the 1 O-year
design frequency storm. Runoff shall be collected on-site and conveyed under the
sidewalk through the curb face to the gutter. The City will provide a detail for the under
sidewalk drain. The plan shall include on-site opportunities to divert surface water into
landscape planter areas to percolate into the soil rather than discharge into the street.
Planning Commission Resolution No. 3230
R 99-02 (S 96-12/UP 96-13) - 2205 S. Winchester Boulevard -- DentPro
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Landscaping: A Landscape plan shall be submitted for review by the Community
Development Director, under advisement by the City's Landscape Advisor. The plan
shall include evergreen trees, of a minimum 24" box size, to ultimately form a solid row
of greenery along the west and south property lines, from a point approximately 15'
from the front property line. The landscaping shall also screen any utilities which are
visible from the public right-of-way and from adjacent properties.
Shared Access:
Prior to issuance of a building permit, applicant shall record a covenant running with the
land, obligating the existing and future property owner to provide reciprocal driveway
access easements to the properties immediately to the north and south.
Dedication: The owner shall dedicate additional right-of-way, as necessary, to create
10' of public street right-of-way from face of curb to property line.
Conditions of Approval for the Reinstatement of UP 96-13:
Approved Project: Approval is granted for a Use Permit allowing for the operation of an
auto body repair facility on property located at 2205 Winchester Boulevard. The
operation shall substantially comply with the description of the business as outlined in
the architect statement and the company brochure (no pounding, painting or sanding).
Project construction shall substantially comply with project plans prepared by Gerard
Patrick McGee, copyright 1999, except as modified herein in the Conditions of
Approval.
Development Approval Expiration: The Reinstatement (R 99-02) of the Use Permit
approval (LIP 96-13) for this project is valid for a period of one year from the Planning
Commission approval. All conditions of approval for construction and landscaping
specified herein, or in (R 99-02) S 96-12, must be completed within one year from the
date of approval, or the Use permit shall be void.
Noise, Odor, Offensive Nusiances: Noise generated by the business shall not exceed 65
dbA as measured feet' inside the adjacent residentially zoned properties. Pneumatic
tools, hammering, and spray painting shall not be permitted unless approved by a
modification to this permit. Approval of such modification might include a requirement
that doors remain closed, except at the very time vehicles are entering or leaving the
building. No activites shall take place which are offensive to the adjacent neighbors by
reason of odor, fumes, dust, glare, smoke, steam, vibration or similar disturbances.
Planning Commission Resolution No. 3230
R 99-02 (S 96-12/UP 96-13)- 2205 S. Winchester Boulevard--DentPro
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Outside Uses: Permitted uses outside the building are limited to the daily parking of
employee and customer vehicles. There shall be no outside storage of vehicles overnight.
No repair of vehicles is permitted outside of the building. No outside storage is
permitted, except for trash within the trash enclosure.
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No Parking on Public Streets: Vehicles serviced or waiting to be serviced shall not be
parked on public streets.
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Landscaping: Landscaping shall be maintained in a healthy and weed free manner. Any
landscaping which dies shall be replaced by the same type of landscaping.
Hours: Hours of operation shall not extend beyond 7 a.m. - 8 p.m. weekdays, and 8 a.m. -
5 p.m. Saturdays.
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Hazardous Materials Storage: The applicant shall comply with the Fire Department
Hazardous Materials and Storage requirements.
Directional Sign: Applicant shall install a directional sign at the front driveway directing
customers to the rear parking lot.
PASSED AND ADOPTED this 22na day of June, 1999, by the following roll call vote:
AYES: Commissioners:
Francois, Gibbons, Hemandez, Keams, Lindstrom,
Cowe
NOES: Commissioners: Jones
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None
APPROVED:
Steve Piasecki, Secretary
Brad Jones, C~r