PC Res 3923RESOLUTION NO. 3923
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT
(PLN2008-137) TO ALLOW THE ESTABLISHMENT OF A
CONTRACTOR'S STORAGE YARD ON PROPERTY OWNED BY MR.
STANLEY WILSON LOCATED AT 854 S. McGLINCY LANE IN AN M-1-
S (LIGHT INDUSTRIAL) ZONING DISTRICT. APPLICATION OF MR.
BRANDON CLARK. FILE NO.: PLN2008-137.
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 PLN2008-137.
1. The proposed conversion of an existing structure and accessory garage from
residential to industrial storage use is consistent with the Light Industrial General Plan
land use designation.
2. The proposed industrial storage use will be compatible with the M-1 (Light Industrial)
zoning designation with approval of a Conditional Use Permit.
3. The project site consists of a 0.28 gross acre parcel currently developed with a single
story residential building and accessory garage.
4. The project provides 4 parking spaces where a minimum of 6 parking spaces are
required. The applicant shall be required to submit a final site plan indicating the
provision of 6 parking spaces.
5. The project includes a wall height of 10' when a maximum of 8' is permitted (CMC
§21.36.160 -Outdoor storage). The applicant shall be required to submit a final
development plan displaying a wall height of no more than 8'.
6. The subject property is located to the east of Highway 17 on the eastern side of S.
McGlincy Lane, north of Curtner Avenue and just south of S. McGlincy Lane's
intersection with Cristich Lane.
7. The site is currently improved with a single story residential building and accessory
garage previously occupied by Wilson Concrete starting in 2005. The property was
annexed into the City of Campbell in 1958 and is zoned M-1 (Light Industrial). The
project is surrounded by industrial uses on all sides.
8. The proposed project is consistent with other developments and uses in the
surrounding area.
9. The hours of operation shall be restricted to 6:00 a.m. to 11:00 p.m., Monday through
Friday.
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PLN2008-137-854 S. McGlincy Lane-Conditional Use Permit -Contractor's Storage Yard
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10. The project qualifies as a Categorically Exempt under Section 15303, Class 3 of the
California Environmental Quality Act (CEQA), pertaining to New Construction or
Conversion of Small Structures.
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.
3. The proposed project, as conditioned, will aid in the harmonious development of the
immediate area.
4. The proposed site is adequate in terms of size and shape to accommodate the fences
and walls, landscaping, parking and loading facilities, yards, and other development
features required in order to integrate the 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 the use would be expected to generate.
6. 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.
7. 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.
8. 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.
9. There is a reasonable relationship and a rough proportionality between the conditions
of approval and the impacts of the project.
10. There is a reasonable relationship between the use of the fees imposed upon the
project and the type of development project.
Planning Commission Resolution No. 3923
PLN2008-137-854 S. McGlincy Lane-Conditional Use Permit -Contractor's Storage Yard
Page 3
THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional
Use Permit (PLN2008-137) to allow the establishment of a contractor's storage yard on
property owned by Mr. Stanley Wilson located at 854 S. McGlincy 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.
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division:
1. Declaration of Acceptance of All Conditions: Within thirty (30) days of Planning
Commission approval, the applicant 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.
2. Approved Project: Approval is granted for a Conditional Use Permit (PLN2008-137) to
allow the establishment of a contractor's storage yard and the conversion of an existing
structure and accessory garage from residential to industrial storage on property
located at 854 S. McGlincy Lane. The project shall substantially conform to the project
plans and project description as specified below, except as may be modified by the
conditions of approval contained herein.
a. Project Plans (PLN2008-137), stamped as received by the Community
Development Department on November 25th, 2008.
b. Operational Statement (PLN2008-137), stamped as received by the Community
Development Department on October 16th, 2008.
3. Planning Final Required: 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.
4. 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. Action
on the part of the applicant on the existing structures, either bringing them up to current
Code standards or demolishing them, shall occur within 24 months of the Conditional
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Use Permit activation. If this does not occur, the Use Permit shall expire at that time
and the outdoor storage use must be terminated.
5. 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.
6. Operational Hours: The hours of operation shall be restricted to 6:00 a.m. to 11:00
p.m., Monday through Friday. At no time shall business related activity occur between
the hours of 11:00 p.m. and 6:00 a.m.
7. Property 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.
8. Si na e: 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.
9. Revised Site Plan: The applicant shall submit two copies of a revised site plan
indicating two additional parking spaces and displaying the reduced wall height to the 8'
allowed as specified in Chapter 21.36.160 of the Campbell Municipal Code.
10. Landscape Plan: The applicant shall submit two copies of a landscape plan, prior to the
issuance of building permits, for review and approval by the Community Development
Director. The plan shall show the type of trees, size of trees and tree planting detail
and irrigation details. The landscape plan shall substantially conform to the approved
site plan and the City's Water Efficient Landscaping Standards (WELS). The
landscaping shall be installed prior to the final inspection completed by the Planning
Department
1 i. Landscape Maintenance: The owner/operator of the property shall provide on-going
maintenance of the existing on-site landscaping.
12. Repaint of Existing Structures: The applicant shall immediately repaint the proposed
storage buildings to the satisfaction of the Community Development Director.
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.
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14. Trash Enclosure: The applicant shall obtain a building permit and construct a trash
enclosure for the storage of all refuse containers. The trash enclosure shall comply with
the requirements set forth in Section 21.18.110 of the Campbell Zoning Code.
15. Location of Mechanical Eauipment: No roof-mounted mechanical equipment (i.e. air
conditioning units, ventilation ducts or vents), shall be added to the existing building
without providing screening of the mechanical equipment from public view and
surrounding properties. The screening material and method shall be architecturally
compatible with the building and requires review and approval by the Community
Development Director and Building Division prior to installation of such screening.
16. Noise:
a. Noise Standard: Any noises, sounds and/or voices, including but not limited to
amplified sounds, loud speakers, sounds from audio sound systems, and/or music,
generated by the subject use shall not be audible to a person of normal hearing
capacity from any residential property. Public address systems of all types are
strictly prohibited.
b. Noise Management: 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.
17. Parkins and Driveways: All parking and driveway areas shall be maintained in
compliance with the standards in Chapter 21.28 (Parking & Loading) of the Campbell
Municipal Code. A total of 11 parking spaces will be provided.
18. Construction Activities: The applicant shall abide by the following requirements during
construction:
a. Construction activities shall be limited to weekdays between 8:00 a.m. and 5:00
p.m. and Saturdays between 9:00 a.m. and 4:00 p.m. No construction shall take
place on Sundays or holidays unless an exception is granted by the Building Official.
b. Truck routes to and from the construction site should be established and submitted
to the City for review and approval prior to issuance of a building permit. These
truck routes shall avoid access to the project site via residential streets where
possible.
c. All construction equipment with internal combustion engines used on the project site
shall be properly muffled and maintained in good working condition.
d. Unnecessary idling of internal combustion engines shall be strictly prohibited.
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e. All stationary noise-generating construction equipment, such as air compressors
and portable power generators, shall be located as far as possible from noise-
sensitive receptors such as existing residences and businesses.
f. Prior to the issuance of building permits, the project site shall be posted with the
name and contact number of the lead contractor and construction hours in a location
visible from the public street so that the contractor can be made aware of noise
complaints.
g. Enclose, cover, water twice daily or, or apply (non-toxic) soil stabilizers to exposed
stockpiles (dirt, sand, etc.).
Building Division:
19. Permits Required: A building permit application shall be required for the proposed
conversion of the existing structure from residential use to commercial use. The City of
Campbell has no record of the Dwelling being legally converted to commercial use. The
building permit shall include Electrical/Plumbing/Mechanical fees when such work is
part of the permit.
20. Construction Plans: The Conditions of Approval shall be stated in full on the cover
sheet of construction plans submitted for building permit.
21. Size of Plans: The size of construction plans submitted for building permits shall be 24
inches by 36 inches.
22. 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.
23. Structural Considerations: This proposed project is subject to structural upgrades
predicated on the change in use from residential to commercial use. Project
Architect/Engineer shall verify the existing structure's ability to support commercial
loading values, and where necessary, shall call for structural improvements.
24. 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.
25. Exterior Wall Construction: Project Architect/Engineershatl examine the existing structure for
locations of exterior walls in relationship to property lines. Wall construction requirements for
commercial uses are typically more restrictive that for residential uses. (Refer to Table 5-A, of
the Current Uniform Building Code)
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26. Title 24 Energy 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.
27. Special Inspections: When a special inspection is required by C.B.C. Chapter 17, 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 C.B.C Appendix Chapter 1, Section 106. Please obtain City of
Campbell, Special Inspection forms from the Building Inspection Division Counter.
28. Non-Point Source: 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.
29. 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.
30. 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.
31. PG&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. & E. concerning utility easements,
distribution pole locations and required conductor clearances.
32. Approvals Required: The project requires the following agency approval prior to
issuance of the building permit:
a. West Valley Sanitation District
b. Santa Clara County Fire Department
Fire Department:
33. Required Fire Flow: The fire flow for this project is 1500 gpm at 20 psi residual
pressure. The adjusted fire flow is available from area water mains and fire hydrant(s)
which are spaced at the required spacing.
34. Fire Apparatus (Engine) Access Roads Required: Provide access roadways with a
paved all weather surface, a minimum unobstructed width of 12 feet, vertical clearance
of 13 feet 6 inches, minimum circulating turning radius of 36 feet outside and 23 inside,
Planning Commission Resolution No. 3923
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and a maximum slope of 15%. Installations shall conform with Fire Department
Standard Details and Specification sheet D-1.
35. Emergency Gate/ Access Gate Requirements: Gate installations shall conform with Fire
Department Standard Details and Specification G-1 and, when open shall not obstruct
any portion of the required width for emergency access roadways or driveways. Locks,
if provided, shall be Fire Department approved prior to installation.
PASSED AND ADOPTED this 13th day of January, by the following roll call vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
Alderete, Ebner, Gairaud, Gibbons and Rocha
None
Roseberry
None
APPROVED:
ATTEST:
Ciddy Wordell, Acting Secretary