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PC Res 3899 RESOLUTION NO. 3899 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING THAT THE CITY COUNCIL APPROVE A MODIFICATION (PLN2008-71) TO A PREVIOUSLY APPROVED DEVELOPMENT PERMIT (PLN2002-02) 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 Planning Commission 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 Planning Commission 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. Planning Commission Resolution No. 3899 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 Planning Commission recommends that the City Council approve a Modification (PLN2008-71) to a previously approved Development Permit (PLN2002-02) 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. COMMUMTY DEVELOPMENT DEPARTMENT Plannina Division 1. Project 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. Parkinq Area Use: The parking area as delineated on the plans shall not be used for storage of materials or supplies. Planning Commission Resolution No. 3899 PLN2008-71 - 238-246 Railway Avenue - Modification to a Development Permit Page 3 4. Parkina 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. Sians: 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 Liahtina: 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 Riaht-of-Wav: No staging of materials and/or off-loading of trucks shall occur in the public right-of- way. PASSED AND ADOPTED this 24th day of June, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Doorley, Gairaud, Gibbons, Rocha and Roseberry None Alderete and Ebner None APPROVED: Z/, ~ Bob Roseberry, air ATTEST: