PC Res 4029RESOLUTION NO. 4029
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT
(PLN2011-159) TO ALLOW THE ESTABLISHMENT OF A GO-
KART/SCOOTER VEHICLE SERVICE AND REPAIR FACILITY
(CAMBRIAN GO KARTS) IN AN EXISTING COMMERCIAL BUILDING
ON PROPERTY OWNED BY BURTON CONSTRUCTION LOCATED
AT 599 E. McGLINCY LANE, SUITE A in AN M-1 (LIGHT
INDUSTRIAL) ZONING DISTRICT. FILE NO.: PLN2011-159.
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 PLN2011-159:
1. The project site is designated Light Industrial on the General Plan Land Use Element
Map.
2. The project site is designated M-1 (Light Industrial) on the Zoning Map.
3. The project site is a 21,700 square-foot parcel developed with an 8,260 square-foot
commercial building, divided into two tenant spaces, and served by 24 parking spaces.
4. The project site is bordered by industrial uses, percolation ponds, and anon-conforming
single-family residence.
5. The proposed use is a go-kart/scooter vehicle service and repair facility would occupy
one tenant space of 4,130 square-feet of gross floor area.
6. The proposed use would provide service and repair services to go-karts, scooters, and
similar recreational vehicles.
7. Pursuant to Campbell Municipal Code Sec. 21.020.20, the Community .Development
Director has determined that the proposed use may be allowed as a conditional use in
the M-1 (Light Industrial) Zoning District, finding (1) the characteristics of, and activities
associated with the proposed use are equivalent to those of one or more of the uses
listed in the zoning district as allowable, and will not involve a greater level of activity,
dust, intensity, noise, parking, population density, or traffic generation than the uses
listed in the zoning district; (2) the proposed use will meet the purpose/intent of the
zoning district that is applied to the site; and (3) the proposed use will be consistent with
the goals, objectives, and policies of the General Plan and any applicable specific plan.
8. The proposed use would be allowable in the M-1 (Light Industrial) Zoning District subject
to approval of a Conditional Use Permit.
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9. Pursuant to Campbell Municipal Code Sec. 21.28.040(D), the Community Development
Director has determined that the number of parking spaces available to the proposed
use is sufficient to accommodate the expected demand.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. 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 Campbell Municipal Code.
2. The proposed use is consistent with the General Plan.
3. 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.
4. 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.
5. 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.
6. 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.
7. The project is Categorically Exempt project per Section 15303, Class 3 (Existing New
Construction or Conversion of Small Structures) of the California Environmental Quality
Act (CEQA).
THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional
Use Permit (PLN2011-159) to allow the establishment of a go-kart/scoter vehicle service
and repair facility (Cambrian Go Karts) in an existing commercial building on property
owned by Burton Construction located at 599 E. McGlincy Lane, Suite A in an M-1 (Light
Industrial) Zoning District.
The applicant is hereby notified, as part of this application, that he/she is required to meet
the following conditions in accordance with the ordinances of the City of Campbell and the
State of California. Where approval by the Community Development Director, 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
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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:
Planning Division:
Approved Project: Approval is granted for a Conditional Use Permit (PLN2011-159) to
allow the establishment of a go-kart/scooter vehicle service and repair facility in an
existing commercial building located 599 E. McGlincy Lane, Suite A. The project shall
substantially conform to the revised Project Plans and Operational Description stamped
as received by the Community Development Department on July 13, 2011 except as
may be modified by the conditions of approval specified herein.
2. Conditional Use Permit Approval Expiration: The approval shall be valid for one year
from the date of final approval (August 19, 2011). Within this one-year period a building
permit must be obtained (if applicable) or the use must be established on the property
(including issuance of a City Business License). Failure to meet these deadlines will
result in the Conditional Use Permit being void. Once established, approval for the use
shall be valid in perpetuity with continued operation of the use. Abandonment,
discontinuation, or ceasing of operations for a continuous period of twelve months shall
void the Conditional Use Permit approved herein.
3. Operational Standards: The approved go-kart/scooter service and repair facility shall be
operated in compliance with the following operational standards:
a. Services Provided: The approved use shall provide maintenance and repair
services to recreational go-karts, scooters, and similar recreational vehicles only. No
maintenance and repair services shall be provided to automobiles, trucks, vans, non-
recreational motorcycles, or other any other non-recreational vehicle.
b. Vehicles Sales: On-site sales of recreational go-karts, scooters, and similar
recreational vehicles shall be maintained as an ancillary component of the
businesses limited to the area identified on Sheet A2 of the approved Project Plans
as "retail shelving", subject to the standards and licensing requirements of the
California Department of Motor Vehicles.
c. Limited Retail Sales: On-site retail sales of parts and supplies for go-karts, scooters,
and similar recreational vehicles shall be maintained as an ancillary component of
the businesses limited to the area identified on the Sheet A2 of the approved Project
Plans as "retail shelving".
d. Hours of Operation: The hours of operation shall be restricted to 9:00 AM to 6:00
PM daily, exclusive of the customary and reasonable use of the office area for
administrative work.
e. Service and Repair: All service and repair work shall be performed entirely within
the building.
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f. Roll-Up Door: The roll-up door shall be closed during all times except for
transporting vehicles in and out of the building.
g. Trailer Parking: One (1) trailer and one (1) associated towing vehicle associated
with the business may be parked on-site as shown on Sheet A2 of the approved
Project Plans as "Trailer and Motor Home Parking". At no time shall these vehicles
be parked on the public street or use more than four parking spaces.
h. Outdoor Activity: All outdoor activity is prohibited, including repair, service, test-
driving, display, and sale.
Outdoor Storage: No equipment, materials, go-karts, scooters, or similar
recreational vehicles, shall be parked and/or stored outside the building including
within the parking lot or on the public street.
j. Noise: In the event verified complaints are received by the City regarding excessive
noise, the Community Development Director may immediately modify the hours of
operation, subject to the project being brought back to the Planning Commission for
review.
k. Trash & Clean Up: All trash, normal clean up, carpet cleaning, etc. shall not be
done in the late evening or early morning hours. All trash removal shall be done
between 7:00 AM and 7:00 PM daily.
4. Expansion of Use: Expansion of the approved go-kart/scooter service and repair facility
into the adjacent tenant space (Suite B) shall require approval of a Modification to the
Conditional Use Permit approved herein. At such time, the property shall be brought into
compliance with the City of Campbell Landscaping Requirements pursuant to Campbell
Municipal Code Sec. 21.26.030(A).
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. Location of Mechanical Equipment: 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.
7. On-Site Li hc~ting: 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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Building Division:
8. 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 size of construction plans submitted for building permits shall be 24
inches by 36 inches.
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 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.
15. 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.
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.
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:
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a. West Valley Sanitation District
b. Santa Clara County Fire Department
19. 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 PG&E concerning utility easements,
distribution pole locations and required conductor clearances.
PASSED AND ADOPTED this 9th day of August, 2011, by the following roll call vote:
AYES: Commissioners: Alster, Brennan, Ebner, Resnikoff, Reynolds and
Roseberry
NOES: Commissioners: None
ABSENT: Commissioners: Gibbons
ABSTAIN: Commissioners: None
APPROVED:
Bob Roseberry, C it
ATTEST:
Kirk Heinrich ,Secretary