PC Res 3532RESOLUTION NO. 3532
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT
(PLN2003-127) TO ALLOW THE ESTABLISHMENT OF AN AUTO-
REALTED USE (SMOG CHECK STATION) IN AN EXISTING
COMMERCIAL/INDUCTRIAL BUILDING ON PROPERTY OWNED
BY MR RAY MATSUMOTO LOCATED AT 210 CURTNER AVENUE
IN A C-2-S (GENERAL COMMERCIAL) ZONING DISTRICT.
ZONING DISTRICT. FILE NO. PLN2003-127.
After notification and public heating, 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 PLN2003-127:
The proposed smog check station is consistent with the General Commercial land use
designation of the General Plan and the C-2-S (General Commercial) Zoning District with
approval of a Conditional Use Permit.
2. The existing 23 parking spaces will adequately address the parking needs of the subject site
and proposed use of 2,290 square feet.
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An increase in the amount of landscaping area will improve the appearance of the project and
will bring the percentage of the site closer to the ten percent site standard established for
Commercial uses.
4. No architecturally changes are proposed with the establishment of the proposed use.
5. The proposed smog check station, as conditioned, is compatible with the adjacent land uses
and the surrounding neighborhood.
6. Business hours shall be restricted to 7 a.m. to 11 p.m. daily typical of commercial uses in this
neighborhood.
7. The establishment of a smog check only station will not create a nuisance due to noise, litter,
vandalism, traffic or other factors.
8. The establishment of a smog check station business will not significantly disturb the peace
and enjoyment of any nearby residential neighborhoods.
Based on the foregoing findings of fact, the Planning Commission further finds and concludes
that:
Planning Commission Resolution No. 3532
PLN2003-127 -- 210 Curtner Avenue - Use Permit - Smog Check Station
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The establishment of a smog check service use will aid in the enhancement and the
harmonious development of the immediate area. The establishment, maintenance, or
operation of the use will not be detrimental to the public health, safety, peace, morals,
comfort or general welfare of persons residing or working in the neighborhood of such
proposed use.
The subject site is adequate in size and shape to accommodate the yards, walls, fences,
parking and loading facilities, landscaping and other development features required in order
to integrate said uses with uses in the surrounding area.
The proposed site is adequately served by streets of sufficient capacity to carry the kind and
quantity of traffic such uses would generate.
The proposed establishment, as conditioned, is compatible with the adjacent land uses and
the surrounding neighborhood.
There is a reasonable relationship and a rough proportionality between the Conditions of
Approval and the impacts of the project.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional
Use Permit (PLN2003-127) to allow the establishment of an auto-related use (Smog Check
Station) in an existing commercial/industrial building on property owned by Mr. Ray Matsumoto
located at 210 Curtner Avenue in a C-2-S (General Commercial) Zoning District, subject to the
following conditions:
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
Approved Project: Approval is granted for a Conditional Use Permit (PLN2003-127) to
allow establishment of a smog check only use without auto repairs of approximately 2,290
square feet in an existing building located at 210 Curtner Avenue. Project approval shall
substantially comply with project plans dated October 22, 2003, except as may be modified
by the Conditions of Approval herein:
a. Applicant's Project Description: Smog Check Only Station- October 22, 2003.
Planning Commission Resolution No. 3532
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b. Project plans consisting of one sheets prepared by Wayne Renshaw, Architect, dated
October 22, 2003.
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Operational Hours to be restricted to 7 a.m. to 11 p.m. daily, unless a Conditional Use
Permit is obtained from the Planning Commission for late night operations. Current
operational hours are 7 a.m. to 7 p.m. Monday-Friday.
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. Failure to meet this deadline will result in the Conditional
Use Permit being void.
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.
Signs: 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.
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.
Landscaping: Prior to the issuance of building permits for the project, the applicant shall
submit four (4) sets of detailed landscaping and irrigation plans prepared by a Landscape
Architect/Designer for review and approval by the Community Development Director.
Landscape and irrigation plans shall be consistent with the City's Water Efficient
Landscaping Standards (WELS).
a. All trees on-site streets shall be a minimum 24-inch box size. Shrubs shall be a minimum
of 5-gallon size.
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All landscaping installed as required per the approved landscape plan shall be maintained
in good health. The applicant shall record a landscape maintenance agreement, prior to
the issuance of building permits.
c. Revise the site plan and landscape plan to provide a minimum 2 foot landscape strip
along the southern property line.
d. All landscaping shall be installed prior to building occupancy.
Planning Commission Resolution No. 3532
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e. All landscape areas shall be protected by 6-inch high poured in place concrete curbs or
other protective barrier.
7. Landscape Maintenance: The owner/operator of the property shall provide on-going
maintenance of the required landscaping for the project.
Building Division
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Permits Required: A building permit application shall be required for the proposed tenant
improvements to the existing commercial structure. The building permit shall include
Electrical/Plumbing/Mechanical fees when such work is part of the permit.
9. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of
construction plans submitted for building permit.
10. Size of Plans: The minimum size of construction plans submitted for building permits shall
be 24 in. × 36 in.
11. 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.
12. 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.
13. 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.
14. Special Inspections: When a special inspection is required by U.B.C. Section 1701, 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 U.B.C Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from
the Building Inspection Division Counter.
15. Non-Point Source: The City of Campbell's 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.
16. 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.
Planning Commission Resolution No. 3532
PLN2003-127 -- 210 Curtner Avenue - Use Permit - Smog Check Station
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17. 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.
18. 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
19. P.G.& 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.
PASSED AND ADOPTED this 9th day of December, 2003, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Alderete,
and Roseberry
None
None
None ~
APPROVED: ('~
Josepl{rltex
"S~aron Fierro, Secretary
Doorley, Francois, Gibbons, Hemandez, Rocha