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PC Res 4214RESOLUTION NO. 4214 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT, TO ALLOW FOR THE ESTABLISHMENT OF A MAJOR MOTOR VEHICLE REPAIR AND MAINTENANCE FACILITY WITH VEHICLE PAINTING (D.B.A. "MIKE'S AUTO BODY") AT 925 S. MCGLINCY LANE. FILE NO: PLN2013-106 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 file number PLN2013-106: 1. The project site is zoned M-1 (Light Industrial). 2. The General Plan designation of the property is Light Industrial. 3. The proposed major motor vehicle repair and maintenance facility with vehicle painting, as conditioned, is in compliance with the following strategies and policies of the General Plan: 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. Planning Commission Resolution No. 4214 925 S. McGlincy Lane - Approving a Conditional Use Permit (PLN2013-106) Page 2 of 2 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 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. 4. The project site is located on the west side of S. McGlincy Lane, south of Morris Lane and north of Curtner Avenue. 5. The project site is an approximately .24 acre property, developed with atwo-story industrial building that runs along the southwest side of the property. 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 (S. McGlincy Lane) 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. Planning Commission Resolution No. 4214 925 S. McGlincy Lane - Approving a Conditional Use Permit (PLN2013-106) Page2of2 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. 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. 18. The project is Categorically Exempt under Section 15301 of the of the California Environmental Quality Act (CEQA), pertaining to the operation and leasing and minor alteration of an existing private structure and Section 15303 pertaining to the installation of small new equipment and facilities and conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structures. THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional Use Permit to allow for the establishment of a major motor vehicle repair and maintenance facility with vehicle painting on property located at 925 S. McGlincy Lane, subject to the attached Conditions of Approval (attached Exhibit "A"). Planning Commission Resolution No. 4214 925 S. McGlincy Lane - Approving a Conditional Use Permit (PLN2013-106) Page 2 of 2 PASSED AND ADOPTED tt AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners ABSTAIN: Commissioners: its 23rd day of June, 2015, by the following roll call vote: Finch, Reynolds, Kendall, Young, Bonhagen, Dodd, and Rich None None None APPROVEp: Pamela Finch, it ATTEST: Paul Kermoyan, Secretary EXHIBIT A CONDITIONS OF APPROVAL Conditional Use Permit (PLN2013-106) 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 (PLN2015-42), to allow for the establishment of a major motor vehicle repair and maintenance facility with vehicle painting (d.b.a. "Mike's Auto Body") at 925 S. McGlincy Lane. The project shall substantially conform to the Project Plans and Project Description stamped as received by the Planning Division on May 29, 2015, except as may be modified by the conditions of approval contained herein. 2. Permit Expiration: The Conditional Use Permit approved herein shall be valid for one year from the date of final approval (expiring June 23, 2015). Within this one-year period, the major motor vehicle repair and maintenance facility and spray booth operations shall be established on site. The entitlement approval 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. Parking: Prior to occupancy, nine parking spaces shall be provided onsite with appropriate striping and curb stops. 4. Revocation of Permit: Operation of a "motor vehicle repair and maintenance, minor and major" service with "motor vehicle painting" pursuant to the Conditional Use 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 Conditional Use 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 Conditional Use 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: Conditions of Approval ~ 925 S. McGlincy Lane Conditional Use Permit - PLN2013-106 Page 2 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. 5. Operational Standards: Any business operating pursuant to the Conditional Use Permit approved herein shall be required to conform to the following operational standards of this entitlement and thereafter in perpetuity. Significant deviations from these parameters shall first 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 with "Motor vehicle painting" 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. i. Operational Hours 6:00 AM - 8:00 PM, Daily ii. Business/Public Hours 6:30 AM - 7:30 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 behind an approved fence/wall shall be permitted. e. Staffing: No more than four (4) 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 vehicle washing shall be permitted. 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. Conditions of Approval ~ 925 S. McGlincy Lane Conditional Use Permit - PLN2013-106 Page 3 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. k. Property Maintenance: All exterior areas of the business are to be maintained free from graffiti, trash, rubbish, posters and stickers. Trash receptacles shall be maintained within their approved enclosures at all times. Parking lot striping and paving shall be maintained in good condition. I. 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: 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: No vehicle parking on public streets shall be permitted at any time. r. Noise: Unreasonable levels of noise, sounds and/or voices, including but not limited to amplified sounds, loudspeakers, sounds from audio sound systems, and/or music, generated by the subject use shall not be audible to a person of normal hearing capacity from any property. All exterior doors including entry doors shall be kept closed. s. Vehicle Sales or Rental: No "motor vehicle sales" or "motor vehicle renting" are permitted in association with the proposed business. 6. Fencing & Gates: Prior to occupancy, the applicant shall install new chain link fencing with gray slats along the north and south property lines, and a wrought iron and stone wall along the east property line with columns, as shown on the project plans to screen all service bay doors and vehicles undergoing repair on the property from view. The fencing, walls, and gates selected shall require review and approval by the Community Development Director prior to installation. Conditions of Approval ~ 925 S. McGlincy Lane Conditional Use Permit - PLN2013-106 Paae 4 7. 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. 8. Location of Mechanical Equipment: No roof-mounted mechanical equipment, i.e. air conditioning units, shall be located on the roof of any building without providing screening of the mechanical equipment from public view and surrounding properties. Screening material and method shall require review and approval by the Community Development Director prior to installation of such mechanical equipment screening. 9. Bay Area Air Quality Management District: All BAAQMD approvals shall be obtained and maintained in good standing. Applicant shall provide all BAAQMD approvals prior to operating the existing or proposed spray-paint booth, specifying the proposed use of the facilities for automotive vehicles. Public Works Department 10. Previously Conditioned Project: Prior to issuance of any grading or building permits for the site, the applicant shall have completed all the requirements for the project previously submitted under application PLN2001-97/BLDG2002-00747. 11. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and the Campbell Municipal Code regarding stormwater pollution prevention. The primary objectives are to improve the quality and reduce the quantity of stormwater runoff to the bay. Resources to achieve these objectives include Stormwater Best Management Practices Handbook for New Development and Redevelopment ("CA BMP Handbook") by the California Stormwater Quality Association (CASQA), 2003; Start at the Source: A Design Guidance Manual for Stormwater Quality Protection ("Start at the Source") by the Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and Using Site Design Techniques to Meet Development Standards for Stormwater Quality: A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. 12. Utilities: All on-site utilities shall be installed underground per Section 21.18.140 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. Utility locations shall not cause damage to any existing street trees. Where there are utility conflicts due to established tree roots or where a new tree will be installed, alternate locations for utilities shall be explored. Include utility trench details where necessary. 13. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer cleanout(s) shall be relocated or installed on private property behind the public right-of-way line. Conditions of Approval ~ 925 S. McGlincy Lane Conditional Use Permit - PLN2013-106 Paae 5 14. Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant shall submit a utility coordination plan and schedule for approval by the City Engineer for installation and/or abandonment of all utilities. The plan shall clearly show the location and size of all existing utilities and the associated main lines; indicate which utilities and services are to remain; which utilities and services are to be abandoned, and where new utilities and services will be installed. Joint trenches for new utilities shall be used whenever possible. 15. Pavement Restoration: Based on the utility coordination plan, the applicant shall prepare a pavement restoration plan for approval by the City Engineer prior to any utility installation or abandonment. Streets that have been reconstructed or overlaid within the previous five years will require boring and jacking for all new utility installations. S. McGlincy Lane has not been reconstructed or overlaid in the last 5 years. The pavement restoration plan shall indicate how the street pavement shall be restored following the installation or abandonment of all utilities necessary for the project. 16. Street Improvements Completed for Occupancy and Building Permit Final: Prior to allowing occupancy and/or final building permit signoff for any and/or all buildings, the applicant shall have the required street improvements installed and accepted by the City, and the design engineer shall submit as-built drawings to the City. 17. Utility Encroachment Permit: Separate encroachment permits for the installation of utilities to serve the development will be required (including water, sewer, gas, electric, etc.). Applicant shall apply for and pay all necessary fees for utility permits for sanitary sewer, gas, water, electric and all other utility work. 18.Additional Street Improvements: Should it be discovered after the approval process that new utility main lines, extra utility work or other work is required to service the development, and should those facilities or other work affect any public improvements, the City may add conditions to the development/project/permit, at the discretion of the City Engineer, to restore pavement or other public improvements to the satisfaction of the City. Building Division 19. Permits Required: A building permit application shall be required for the proposed Tenant Improvements to the (e) commercial building and the existing modular office. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 20. Construction Plans: The conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 21. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. Conditions of Approval ~ 925 S. McGlincy Lane Conditional Use Permit - PLN2013-106 Page 6 22. 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. 23. 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. 24. 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. 25.Special Inspections: When a special inspection is required by C.B.C. Chapter 17, the architect or engineer of record shalt 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 Chapter 1, Section 106. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 26. Non-Point Source Pollution: 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. 27. 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. 28. 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. 29.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 c. Santa Clara County Department of Environmental Health 30. 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. Conditions of Approval ~ 925 S. McGlincy Lane Conditional Use Permit - PLN2013-106 Page 7 31. Storm Water Requirements: Storm water run-off impervious surface created by this permitted project shall be directed to vegetated areas on the project parcel. Storm water shall not drain onto neighboring parcels. Santa Clara County Fire Department 32. Review: Review of this Developmental proposal is limited to acceptability of site access and water supply as they pertain to fire department operations, and shall not be construed as a substitute for formal plan review to determine compliance with adopted model codes. Prior to performing any work the applicant shall make application to, and receive from, the Building Department all applicable construction permits. 33. HAZMAT Review: Installation of a spray booth must be reviewed and approved by our HAZMAT Division prior to approval for the operation and/or installation of the existing and proposed spray booths.