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Use Permit - Caliber Collision - 2016CITY of CAMPBELL Community Development Department November 23, 2016 _ ~ Caliber Collision ~ ~ / Attn: Michael T. Bates PE PO Box 913D ' Long Beach, CA 90810 _ Re: PLN2016-290 - 665 E. McGlincy Ln -Conditional Use Permit -Caliber Collision Dear Applicant: - Please be advised that at its meeting of November 22, 2016, the Planning Commission adopted Resolution No. 4351 approving a Conditional. Use Permit with.. Site and_ Architectural Review (PLN2016-290) to allow for the establishment of a major motor " vehicle repair and maintenance facility (network operator) with vehicle painting and cleaning (dba Caliber Collision). on the above-referenced property. This action is effective in ten calendar days, unless appealed in writing to the City Clerk by close of business on Friday, December 2, 2016. The time within which judicial review of this action must be sought is governed by Section .1094.6 of the California Code of Civil v .Procedure, unless another statute (such as California Government Code Section~65009 or some other applicable provision) sets forth a more specific time period. If you have any questions, do not hesitate to contact me at (408) 866-2140. Sincerely, Stephen Rose Associate Planner cc Pete Bovenberg (Property Owner) 665 E. McGlincy Ln RESOLUTION NO. 4351 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONG.ITIONAL USE PERMIT WITH SITE AND ARCHITECTURAL REVIEW (PLN2016- ,290) TO. ALLOW FOR_ THE ESTABLISHMENT OF A MAJOR MOTOR VEHICLE REPAIR AND MAINTENANCE FACILITY (NETWORK OPERATOR) WITH VEHICLE PAINTING AND CLEANING (D.B.A. "CALIBER COLLISION") ON PROPERTY LOCATED AT 665 E. MCGLINCY LANE After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. The Planning Commission finds as follows with regard to the approval of a Conditional Use .Permit with Site and Architectural Review (PLN2016-290): Environmental Findin 1. This project is Categorically Exempt under Section .15301 of the California Environmental Quality Act (CEQA) pertaining to minor alterations to an existing private structure, involving negligible or no expansion of use beyond that existing at the time of the. lead agency's determination and Section 15303 pertaining to the installation of small new equipment/facilities and conversion of existing small structures from one use to another vvhere only minor modifications are made in the exterior of the structures. Evidentiary Findings 2-. The project site is zoned M-1 (Light Industrial). 3. The General Plan designation of the property is Light Industrial. 4. The project site is located at the northwest corner of E. McGlincy Lane and Foreman Drive. 5. The project site. includes a range of addresses which range from 661 to 667 E. McGlincy Lane. 6. Two structures are. located on the 18,100 sq. ft. site, which include a 6,720 square foot rectangular. building which runs along the rear (west) property line and a~ .detached trash enclosure which is located at the northeast corner of the property. 7. Two driveways, one on each street frontage, provide access to the site. - 8. Industrial uses border the site on all sides. 9. On :February 17, 1969, .the City of Campbell Planning Commission approved Site Application (S69-7) which authorized the construction of an industrial building and associated site improvements (e.g. landscaping, trash enclosure, parking lot). _ 1 Planning.Commission Resolution No. 4351 661-667 E. McGlincy Lane Approving a Conditional Use Permit with Site and Architectural Review (PLN2016-290) Page 2 of 6 10. On August 1, 2006, the City Council adopted Ordinance 2070 approving a City Initiated .Text Amendment which established atwo-year amortization period for legal non- conforming motor vehicle repair facilities to comply with -the requirements outlined under CMC 21.36.146 (Motor vehicle repair facilities). 11. On May 12, 2015, the Planning Commission approved a Modification to the previously- approved Site Approval (S69-7), rather than revoke the businesses ability to operate,. imposing new operational restrictions (e.g. hours of operation, staff limitations, vehicle identification requirements), reinforced existing operational restrictions (e.g. requiring all work within an enclosed structure, required adequate screening and buffering, -prohibited storage of vehicles on public streets, and ensuring adequate vehicular circulation) already imposed on the business, and compelling the property owner to remove unpermitted structures and complete required site improvements. 12. On May 24, 2016; the- Planning Commission adopted a Resolution to revoke the .previously Modified Site Approval. (S69-07) which allows the operation of the existing major automotive repair and maintenance facility (d.b.a. Modern Bench) at the subject property. This 13. On June 3, 2016, Stephan Barber; counsel for Modern Bench Operations Inc. and its owner Pete Bovenberg, filed an appeal of the Planning Commission's decision to revoke the previously Modified Site Approval (S69-07). . 14. On September 9, 2016, 11/lichael Bates, on behalf of Caliber Collision, applied for a Conditional Use Permit to allow a new motor vehicle repair and maintenance facility (network operator) with vehicle painting and cleaning at the subject property. 15. A `network operator' is not a listed or defined land use in the Campbell Municipal Code and M=1 Zoning District. 16. Pursuanf to CMC 21.02.020.F. (Allowable uses of land.) when a proposed use of land is not specifically listed, the Community Development Director may determine that the use is allowed as either a `permitted' or `conditional use' when found similar to an existing land use. 17. The Community Development Director found the- proposed land use is similar to the definition of a "Motor vehicle -repair and maintenance, minor and major", and that of a "Motor vehicle painting" with ancillary vehicle cleaning, except that as a `network operator' the business would be considered less intensive; as .it would rely on the presence of more than one business location to operate (and thereby balances workload across a grid), and provide services (e.g. insurance, billing, parts & vehicle storage, and scheduling), in whole or part, offsite. 18. Caliber Collision has over ten locations in the south bay, including locations in San Jose, Sunnyvale and Los Gatos. Planning Commission Resolution No. 4351 661-667 E. McGlincy Lane Approving a Conditional Use Permit with Site and Architectural Review (PLN2016-290) Page 3 of 6 - 19. Caliber Collision operates on an appointment .only basis, and does not accept drive- in/walk-in customers. - ~ - 20. The majority of business/customer traffic (roughly 90-95%) is from customers dropping off their own vehicles. Only on rare occasions would vehicles be dropped off by a tow- truck company. . -- 21. Caliber Collision would not have any tow-truck deliveries after hours, and intends to inform their tow-truck operators that they must deliver all vehicles onsite. 22. The subject permit would apply to the entire. project site. 23. The project would be consistent with the following General Plan policies and strategies: Policy LUT-5.1: Neighborhood Integrity: Recognize that the .City is composed of residential, industrial and commercial neighborhoods, each with its own individual character; and allow change consistent with reinforcing positive neighborhood values, while protecting the integrity of the city's neighborhoods. Policy LUT-5.4: Industrial Neighborhoods: Safeguard industry's ability to operate effectively, by limiting the establishment of incompatible uses in industrial neighborhoods and encouraging compatible uses. Strategy LUT-5.4.c: Redevelopment: Facilitate redevelopment opportunities in the McGlincy Lane area. Strategy LUT=5.6.b:Visual Barriers: Reduce the visual impact of excessive lighting and glare, mechanical equipment, trash enclosures, outdoor storage and loading docks. Strategy LUT-5.6.b:Physical Buffers: Provide landscaped buffers, sidewalks and equipment screening to provide a visual and noise-abating buffer between uses. Policy LUT-5.7: Industrial Areas: Industrial development should have functional and safe vehicular, bicycle and pedestrian circulation, good site and architectural design, be sensitive to surrounding uses, connect to public transit, and be energy efficient. New projects should contribute to the positive character of industrial areas and the overall image of the City. Policy LUT-5.7c: Screening: Screen the service portion of industrial buildings such as outdoor storage, trash enclosures and loading areas, especially those adjacent to roadways or public amenities, with extensive landscaping and architectural treatments Planning Commission Resolution No. 4351 661-667 E. McGlincy Lane Approving a Conditional Use Permit with Site and Architectural Review (PLN2016-290) Page 4 of 6 Policy LUT-5.7d: Auto Repair Facility Design: Promote the design of auto repair ` facilities that provide sufficient screened vehicle staging areas that are independent from the parking required for customers, employees and loading. Policy LUT-13.1: Variety of Uses: Attract and maintain a variety of uses that create an economic balance within the City while maintaining a balance with other community land use needs, such as housing . and open space, and while providing high quality services to the community. 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 the Zoning Code and the Campbell Municipal Code. 2. The proposed use inconsistent 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, as conditioned, 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, as conditioned, 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 establishment will not significantly increase the demand on city services. 8. The traffic generated from the development should not have adverse effects on traffic. conditions on abutting. streets.. ~ 9. The layout of the site should provide adequate vehicular and pedestrian entrances, exit driveways, and walkways. 10. The ~'rrangement of off-street parking facilities should prevent traffic congestion and adequately meet the demands of the users. Planning Commission Resolution No. 4351 661-667 E. McGlincy Lane Approving a Conditional Use. Permit with Site and Architectural Review (PLN2016-290) Page 5 of 6 _ 11: The location, height, and material of walls, fences, hedges and screen plantings should ensure harmony with adjacent development and/or conceal storage. areas, utility installations, or other potentially unsightly elements of the project. 12. The project maximizes open space around structures, for access to .and around structures, and the establishment and maintenance of landscaping for aesthetic and screening purposes. _ 13.The project maximizes areas of improved open space to protect access to natural light, ventilation, and direct sunlight, to ensure the compatibility of land uses, to provide space for privacy, landscaping, and recreation; and 14. The project minimizes the unnecessary destruction of existing healthy trees. 15. The project enhances the overall appearance of the city by improving the appearance of individual development projects within the city. 16.The project .complements .the surrounding. neighborhoods. and produces an environment of stable and desirable character. ~ , 17. The project enhances the city's character and `should not have an adverse aesthetic impact upon existing adjoining properties, the environment, or the city in general. 18. The project.. promotes the use of sound design principles that- result in creative, imaginative solutions and establish structures of quality design throughout the city and which avoid monotony and mediocrity of development. -- 19. The project will be consistent with the general plan. _. 20.The project will aid in the harmonious development of the immediate area. 21. The project is consistent with all applicable design guidelines and special plans. THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional Use Permit with Site and Architectural Review (PLN2016-290) to~ allow for the establishment of a major motor vehicle repair and maintenance facility (network operator) with vehicle painting and cleaning (d.b.a. "Caliber Collision") on property located at 665 E. McGlincy Lane, subject to the attached Conditions of Approval (attached Exhibit "A"). PASSED. AND ADOPTED this 22nd day of November, 2016, by the following roll call vote: AYES: Commissioners: NOES: - Commissioners: ABSENT: Commissioners ABSTAIN: Commissioners: Hernandez, Reynolds, Rich and Young. Dodd Kendall Planning Commission Resolution No. 4351 661-667 E. McGlincy Lane Approving a Conditional Use Permit with Site and Architectural Review (PLN2016-290) Page 6 of 6 APPROVED: Michael Rich, Acting Chair ATTEST: Paul Kermoyan, Secretary