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.