PC Res 4215RESOLUTION NO. 4215
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 AND CLEANING (D.B.A. "A SUPERIOR
COLLISION SHOP") ON PROPERTY LOCATED AT 864 S.
MCGLINCY LANE, SUITES A & D. FILE NO: PLN2015-42.
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 PLN2015-42:
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
and cleaning, 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.
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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 east side of S. McGlincy Lane, south of E. McGlincy
and north of Morris Lane (formerly Veitenhiemer Lane).
5. The project site is an approximately 1.16 acre property, developed with atwo-story
multi-tenant industrial building.
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) 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.
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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, Class 1, of the California
Environmental Quality Act (CEQA), pertaining to the operation and leasing and minor
alteration of an existing private structure and Section 15303, Class 3, 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 (PLN2015-42), to allow for the establishment of a major motor vehicle repair
and maintenance facility with vehicle painting and cleaning (d.b.a. "A Superior Collision
Shop") at 864 S. McGlincy Lane, Suites A & D, subject to the attached Conditions of
Approval (attached Exhibit "A").
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PASSED AND ADOPTED this 23rd day of June, 2015, by the following roll call vote:
AYES: Commissioners: Finch, Reynolds, Kendall, Young, Bonhagen, Dodd, and
Rich
NOES: Commissioners: None
ABSENT: Commissioners None
ABSTAIN: Commissioners: None
n nno~~ inn
ATTEST:
Pamela Finch, it
Paul Kermoyan, Secretary
EXHIBIT A
CONDITIONS OF APPROVAL
Conditional Use Permit (PLN2015-42)
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 and cleaning (d.b.a. "A Superior Collision Shop") at 864 S. McGlincy
Lane, Suites A 8~ D. The project shall substantially conform to the Project Plans
stamped as received by the Planning Division on May 18, 2015 and Project Description
stamped as received by the Planning Division on May 4, 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, 41 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
Conditions of Approval ~ 864 S. McGlincy Lane
Conditional Use Permit - PLN2015-42
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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.
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. 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. Business/Public Hours 7:00 AM - 6:00 PM, Monday -Friday
8:00 AM - 1:00 PM, Saturday
ii. Operational Hours 7:00 AM - 6:30 PM, Monday -Saturday
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 sixteen (16) 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: Vehicle washing shall be an ancillary service offered only to
vehicles under service and care for motor vehicle collision and repair services.
Vehicle washing shall be limited to the two designated stalls located in the in the
garage located in the rear parking lot. No outdoor vehicle washing shall be
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permitted. 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.
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.
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.
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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 green slats along the property perimeter as shown on the project plans to screen all
service bay doors and vehicles undergoing repair on the property from view. All gates
shall be equipped with aKnox-box rapid entry system to the satisfaction of the Santa
Clara County Fire Department and Community Development Director. The fencing and
gates selected shall require review and approval by the Community Development
Director prior to installation.
7. Unpermitted Structures: Prior to occupancy, the property owner and/or applicant shall
remove all structures not shown on the project plans, including the large unpermitted
covered structure located in the rear parking lot to the satisfaction of the Community
Development Director.
8. 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.
9. Location of Mechanical Equipment: No roof-mounted mechanical equipment, i.e. air
conditioning units, shall be located on the roof of any building (including the modular
office) 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.
10. 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.
Building Division
11. 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.
12. Construction Plans: The conditions of Approval shall be stated in full on the cover sheet
of construction plans submitted for building permit.
13. Size of Plans: The minimum size of construction plans submitted for building permits
shall be 24 in. X 36 in.
14. 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.
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15. 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.
16. 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.
17. 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 Chapter 1, Section 106. Please obtain City of Campbell, Special
Inspection forms from the Building Inspection Division Counter.
18. 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.
19. Title 24 Accessibilitv -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.
20. Title 24 Accessibilitv -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.
21.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
22. 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.
23. 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.
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Santa Clara County Fire Department
24. 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.
25. 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.