CC Resolution 10941
RESOLUTION NO. 10941
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL GRANTING A MODIFICATION (PLN2008-71) TO A
PREVIOUSLY APPROVED DEVELOPMENT PERMIT 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 AVENUE IN A P-D (PLANNED DEVELOPMENT) ZONING
DISTRICT. APPLICATION MR. JOE SALVADOR. FILE NO.:
PLN2008-71.
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 PLN2008-71.
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 Modification to Planned Development Permit.
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 Avenue.
5. The project provides five standard parking spaces and one handicapped parking
space.
6. Approval of the Modification to Planned Development Permit 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:
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.
City Council Resolution
PLN2008-71 - 238-246 Railway Avenue - Modification to a Development Permit
Page 2
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.
THEREFORE, BE IT RESOLVED that the City Council grants a Modification (PLN2008-
71) to a previously approved Development Permit 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 Avenue in a P-D (Planned
Development) 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
Plannina Division
1. Proiect Approval: Approval is granted for a Modification to a Planned Development
Permit (PLN2008-71) 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 at 238-246 Railway Avenue. 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.I.A and received by the
Planning Division on April 22, 2008.
2. 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.
3. Parls.inq Area Use: The parking area as delineated on the plans shall not be used for
storage of materials or supplies.
City Council Resolution
PLN2008-71 - 238-246 Railway Avenue - Modification to a Development Permit
Page 3
4. Parkinq and Drivewavs: All parking and driveway areas shall be maintained in
compliance with the standards in Chapter 21.50 of the Campbell Municipal Code.
5. Hours of Operation: The operational hours shall be limited to 6:30 a.m. to 7 p.m. daily,
unless a Conditional Use Permit is obtained from the Planning Commission for late
night operations.
6. Modification and/or Revocation of Permit: In the event complaints are received by the
City regarding business operations in violation of these conditions or any standards,
codes, or ordinances of the City of Campbell, the Community Development Director
may immediately modify the hours of operation and/or delivery hours, subject to the
project being brought back to the Planning Commission for review.
7. Siqns: 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.
8. On-Site Liqhtinq: 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.
9. Prohibition of Staqinq Materials and/or Off-Loadinq Trucks in the Public Riqht-of-Wav:
No staging of materials and/or off-loading of trucks shall occur in the public right-of-
way.
PASSED AND ADOPTED this 15th day of
call vote:
July
, 2008, by the following roll
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Furtado, Kennedy, Low, Hernandez, Burr
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
APPROV~- CJ ~-.~
Donald R. Burr, Mayor
ATTEST:
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Anne Bybee, City Clerk