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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. Planning Commission Resolution No. 3923 PLN2008-137-854 S. McGlincy Lane-Conditional Use Permit -Contractor's Storage Yard Page 2 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 Planning Commission Resolution No. 3923 PLN2008-137-854 S. McGlincy Lane-Conditional Use Permit -Contractor's Storage Yard Page 4 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. Planning Commission Resolution No. 3923 PLN2008-137-854 S. McGlincy Lane-Conditional Use Permit -Contractor's Storage Yard Page 5 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. Planning Commission Resolution No. 3923 PLN2008-137-854 S. McGlincy Lane-Conditional Use Permit -Contractor's Storage Yard Page 6 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) Planning Commission Resolution No. 3923 PLN2008-137-854 S. McGlincy Lane-Conditional Use Permit -Contractor's Storage Yard Page 7 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 PLN2008-137-854 S. McGlincy Lane-Conditional Use Permit -Contractor's Storage Yard Page 8 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