Loading...
PC Res 4208RESOLUTION NO. 4208 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL TO APPROVE A MODIFICATION TO A PREVIOUSLY-APPROVED SITE APPROVAL (S69-7) ESTABLISHING NEW CONDITIONS OF APPROVE TO RESOLVE NEIGHBORHOOD IMPACTS AND VIOLATIONS ON PROPERTY LOCATED AT 661-667 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 Modification to a previously approved Site Approval (S69-7): Environmental Finding 1. This project is Categorically Exempt under Section 15301 Class 1 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. Evidentiary Findings 1. The project site is zoned M-1 (Light Industrial). 2. The General Plan designation of the property is Light Industrial. 3. The project site is located at the northwest corner of E. McGlincy Lane and Foreman Drive. 4. 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). 5. On May 25, 1985, a business license was issued for an auto body shop performing vehicle and collision repair service (d.b.a. Modern Bench) at the subject property. At the time the business was established, a Conditional Use Permit was not required. 6. 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). 7. The physical improvements of the property and operational characteristics of the use have been found to be in violation of the Site Application (S69-7) (e.g. conditions of approval and site plan), numerous building code requirements, as well as the requirements outlined under CMC 21.36.146. Planning Commission Resolution No. 4208 661-667 E. McGlincy Lane Approving a Modification (S69-7) Page 2 of 3 8. The proposed use and improvements are consistent with the requirements of CMC 21.36.146 with a Modification of the approved Site Application (S69-7), and complies, as conditioned, with all other applicable provisions of this Zoning Code and the Campbell Municipal Code. 9. The business has approximately six staff members on site at any time, comprising one office manager/receptionist, one auto body refinish tech, two auto body technicians, one estimator/manager, and one parts technician/detailer. Allowing a total of seven staff (one more than presently used) at any one time would adequately provide for the operation of the facility. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. 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. 2. The proposed site is adequately served by streets (E. McGlincy Lane and Forman Drive) of sufficient capacity to carry the kind and quantity of traffic the use would be expected to generate. 3. 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. 4. 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. 5. The establishment will not significantly increase the demand on city services. 6. The traffic generated from the development should not have adverse effects on traffic conditions on abutting streets. 7. The layout of the site should provide adequate vehicular and pedestrian entrances, exit driveways, and walkways. 8. The arrangement of off-street parking facilities should prevent traffic congestion and adequately meet the demands of the users. 9. 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. Planning Commission Resolution No. 4208 661-667 E. McGlincy Lane Approving a Modification (S69-7) Page 3 of 3 10. The project should maximize open space around structures, for access to and around structures, and the establishment and maintenance of landscaping for aesthetic and screening purposes. 11. The project should maximize 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 12. The project should minimize the unnecessary destruction of existing healthy trees. 13. The project should enhance the overall appearance of the city by improving the appearance of individual development projects within the city. 14. The project should complement the surrounding neighborhoods and produce an environment of stable and desirable character. 15. The project should enhance the city's character and should not have an adverse aesthetic impact upon existing adjoining properties, the environment, or the city in general. 16. The project should promote 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. 17. The project should be consistent with all applicable design guidelines and special plans. THEREFORE, BE IT RESOLVED that the Planning Commission approves a Modification to the previously-approved Site Application (S69-7) establishing new Conditions of Approval on property located at 661-667 E. McGlincy Lane, subject to the attached Conditions of Approval (attached Exhibit "A"). PASSED AND ADOPTED this 12th day of May, 2015, by the following roll call vote AYES: Commissioners: Bonhagen, Finch, Kendall, Reynolds, Rich and Young NOES: Commissioners: None ABSENT: Commissioners Dodd ABSTAIN: Commissioners: None APPROVED: C~1' f Pamela Finch, Chair ATTEST: Paul Kedmoyan, Secretary EXHIBIT A CONDITIONS OF APPROVAL Modification to the previously-approved Site Application (S69-7) 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. Approved Project: Approval is granted for a Modification to apreviously-approved Site Approval (S69-7) to establish new Conditions of Approval to resolve neighborhood impacts and violations. The project shall substantially conform to the Project Plans for File No. S69-7, except as may be modified by the conditions of approval contained herein. 2. Revocation of Permit: Operation of a "motor vehicle repair and maintenance, minor and major" service pursuant to the Modification Permit approved herein is subject to Sections 21.68.020, 21.68.030 and 21.68.040 of the Campbell Municipal Code authorizing the appropriate decision making body to modify or revoke a Modification Permit if it is determined that its operation has become a nuisance to the City's public health, safety or welfare or for violation of the Conditions of Approval or any standards, codes, or ordinances of the City of Campbell. At the discretion of the Community Development Director, if the establishment generates three (3) verifiable complaints related to violations of conditions of approval and/or related to its operation within a six (6) month period, a public hearing before the Planning Commission may be scheduled to consider modifying conditions of approval or revoking its Modification Permit. The Community Development Director may commence proceedings for the revocation or modification of permit(s) upon the occurrence of less than three (3) complaints if the Community Development Director determines that the alleged violation warrants such an action. In exercising this authority, the decision making body may consider the following factors, among others: a. The number and types of noise complaints at or near the establishment that are reasonably determined to be a direct result of patrons actions or facility equipment; b. The number of parking complaints received from residents, business owners and other citizens concerning the operation of an establishment; and c. Violation of conditions of approval. 3. Operational Standards: Any business operating pursuant to the Modification of the previously-approved Site Approval (S69-7) approved herein shall be required to conform to the following operational standards within three-months, except as otherwise noted, of this entitlement and thereafter in perpetuity. Significant deviations Conditions of Approval ~ 661-667 E. McGlincy Lane Modification to a Previously Approved Site Application (S69-7) Page 2 of 5 from these parameters shall require approval of a Modification to establish new Conditions of Approval. a. Approved Use: The approved use is a "Motor vehicle repair and maintenance, minor and major" service as defined by the Campbell Municipal Code. b. Hours of Operation: Hours of operation shall be as follows. By the end of the 'Operational Hours' all employees shall be off of the premises. By the end of 'Business/Public Hours' all patrons shall have exited the facility. Furthermore, the fenced/gated area shall remain open to the public during business/public hours, and shall be locked closed outside of the business/public hours. i. Operational Hours 6:00 AM - 10:00 PM, Daily ii. Business/Public Hours 7:30 AM - 9:30 PM, Daily c. Deliveries: All deliveries shall occur within the Operational Hours of the business. The property owner and business operator shall be responsible to inform delivery companies of this requirement and shall be held accountable for any violations. d. Operations: All automotive related work must be completed within the existing building. Only storage of vehicles and "parts carts" on the ground behind an approved fence/wall shall be permitted. Applicant shall first illustrate where the parts carts will be stored such that they do not displace code conforming parking and do not result in storage of material above the fence line. e. Staffing: No more than seven (7) staff members shall be permitted on the site at any time. f. Vehicle Identification: All vehicles awaiting or undergoing repair shall be identified by a label on the dash of every vehicle. The size and location of the label shall be to the satisfaction of the Community Development Director. g. Vehicle Washing: No rinsing or washing of vehicles shall take place on the property. Consistent with City standards, no waste water will be disposed of through the storm sewers. h. Noise: Noise from bells, loudspeakers, public address systems, or tools shall not be audible from residentially zoned or occupied parcels between the hours of seven p.m. and seven a.m. on weekdays and Saturdays, and before ten a.m. and after seven p.m. on Sunday and nationally recognized holidays. Lighting: Artificial light shall be designed to reflect away from adjoining properties. j. Circulation: During business hours the motor vehicle repair facility shall provide adequate vehicular circulation to ensure free ingress and egress, and safe and unimpeded on-site circulation through the site. Conditions of Approval ~ 661-667 E. McGlincy Lane Modification to a Previously Approved Site Application (S69-7) Page 3 of 5 k. Property Maintenance: All exterior areas of the business are to be maintained free from graffiti, trash, rubbish, posters and stickers. Except when placed for collection, trash receptacles shall be maintained within their approved enclosures at all times. Parking lot striping and paving shall be maintained in good condition. Landscape Maintenance: All landscaped areas shall be continuously maintained in accordance with City Landscaping Requirements (CMC 21.26). Landscaped areas shall) be watered on a regular basis so as to maintain healthy plants. Landscaped areas shall be kept free of weeds, trash, and litter. Dead or unhealthy plants shall be replaced with healthy plants of the same or similar type. m. Loitering: There shall be no loitering allowed in the area, in the parking lot, or along the property's frontages. The business owner and property owner are responsible for monitoring the premises to prevent loitering. Increased security patrols, and other measures as appropriate, shall be used to reduce the incidence of loitering on the property. n. Smoking: "No Smoking" signs shall be posted and maintained on the premises in perpetuity in compliance with CMC 6.11.060. o. Storage: Except for "parts carts" that are addressed in 3.d. above, no outdoor, or rooftop storage shall be permitted. p. Signs: New signage shall not be installed prior to approval of a sign permit as required by Chapter 21:53 of the Campbell Municipal Code. q. Parking: Within six months a total of 23 parking spaces (one less than indicated on the plan to accommodate a trash enclosure) shall be provided at all times. The six parking Spaces located closest to E. McGlincy Lane, and labeled as one through six on the project plans for File No. S69-7 shall be reserved for employee and customer parking and shall not be used for vehicle storage, and shall be empty by the end of the business Operational Hours. No vehicle parking on public streets shall be permitted at any time. 4. Fencing & Gates: Within six r~nonths the applicant shall install new fencing along the property perimeter and spanning the parking lot with a gate between the seventh and eight parking spaces identified on the project plans for File No. S69-7 with the intent to screen all legally established 'service bay doors on the property from view. All gates shall be equipped with a Kno~c-box rapid entry system to the satisfaction of the Santa Clara County Fire Department and Community Development Director. The fencing selected shall require review and approval by the Community Development Director prior to installation. 5. Employee Lunch & Break Ares: Within three months the area utilized as an employee break area shall be removed' to accommodate the required parking space(s) in this area pursuant to the project plans for File No. S69-7. Conditions of Approval ~ 661-667' E. McGlincy Lane Modification to a Previously Approved Site Application (S69-7) Page 4 of 5 6. Security Fencing: Within three months all razor wire (coiled concertina) shall be removed from the property. 7. Trash Enclosure: Within six nhonths a new trash/recycling enclosure shall be installed at the northeast corner of the property (in parking space #24). The design of the trash/recycling enclosure shill be require review and approval by the Community Development Director prior toy building permit submittal. The trash/recycling enclosure shall be built to code. Structures: Within three mo the the property owner shall remove all structures not shown on the project plans f r File No. S69-7, including but not limited to the large metal hay barn, existing wood) building (in its entirety) running along the north property line, and vehicle lifts located along Forman Drive to the satisfaction of the Community Development Director. 9. Street Trees & Public Impro~rements: Within six months the property owner shall repair public improvements ih the public right of way and replace street trees as determined necessary by the director of Public Works. 10. Signs: New signage shall not be installed prior to approval of a sign permit as required by Chapter 21.53 of the Campbell Municipal Code. 11. Location of Mechanical E ui ment: No roof-mounted mechanical equipment, i.e. air conditioning units, shall be ocated on the roof of the building without providing screening of the mechanical equipment from public view and surrounding properties. Screening material and meth~d shall require review and approval by the Community Development Director prior to nstallation of such mechanical equipment screening. 12. Permits Required: Within two' months a building permit application shall be obtained for the installation of fencing parking lot restriping, and installation of a new trash enclosure. The building permi shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit; 13. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans su miffed for building permit. 14. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. ~ 15. Plan Preparation: This prof Ict requires plans prepared under the direction and oversight of a California licen ed Engineer or Architect. Plans submitted for building permits shall be "wet stamped' and signed by the qualifying professional person. i 16. Site Plan: Application for bu Iding permit shall include a competent site plan that identifies property and prop sed structures with dimensions and elevations as appropriate. Site plan shall al o include site drainage details. Site address and parcel numbers shall also be clear) called out. Site parking and path of travel to public sidewalks shall be detailed. Conditions of Approval ~ 661-667 E. McGlincy Lane Modification to a Previously Appr ved Site Application (S69-7) Page 5 of 5 17. Non-Point Source Pollution: he City of Campbell, standard Santa Clara Valley Non- point Source Pollution Cont of Program specification sheet shall be part of plan submittal. The specification s eet (size 24" X 36") is available at the Building Division service counter. 18. Storm Water Requirements: torm water run-off impervious surface created by this permitted project shall be di cted to vegetated areas on the project parcel. Storm water shall not drain onto neig boring parcels.