PC Res 4296RESOLUTION NO. 4296
BEING A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF CAMPBELL APPROVING THE CITY-
INITIATED REVOCATION (PLN2016-115) OF A
PREVIOUSLY MODIFIED SITE APPROVAL (S69-07) ON
PROPERTY LOCATED AT 661-665 E. McGLINCY LANE DUE
TO A LACK OF COMPLIANCE WITH THE CONDITIONS OF
APPROVAL.
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 Revocation (PLN2016-115):
1. A Revocation may be found Categorically Exempt under Section 15321(a) of the
California Environmental Quality Act (CEQA) pertaining to enforcement actions by
regulatory agencies to enforce or revoke an entitlement for a use issued, adopted or
prescribed by the regulatory agency.
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 property assessor parcel number is 412-30-029, and includes a range of
addresses which includes 661 through 665 E. McGlincy Lane.
6. 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).
7. 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.
8. 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).
9. On May 12, 2015, the Planning approved a Modification to the previously-approved
Site Approval (S69-7) establishing new Conditions of Approval on the subject
property.
10. The Modified Site Approval (S69-7) was established by Planning Commission (P.C.)
Resolution 4208.
Planning Commissioner Resolution 4296
PLN2016-115 - 661-665 E. McGlincy Lane - MBO (Modern Bench Operations)
Revocation of apreviously-modified Site Approval (S69-07)
Page 2
11. Since May 12, 2015, the business has continued to park vehicles in the public right of
way in violation of Condition of Approval #5.q of P.C. Resolution 4208, as
documented by photographs provided by the Campbell Police Department, and
observations by Planning and Code Enfarcement Department staff.
12. The Modified Site Approval (S69-7) was granted on the basis (finding) that the use
and improvements would be consistent with the requirements of CMC 21.36.146, and
would comply with all other applicable provisions of the Campbell Municipal Code.
13. As the business parked damaged vehicles in the public right of way, which is
prohibited under CMC 21.35.146 and the conditions of approval, a finding that the
business will comply with these requirements can no longer be made in in the
affirmative.
14. The Modified Site Approval (S69-7) was granted on the basis (finding) that the project
would enhance the city's character and should not have an adverse aesthetic impact
upon existing adjoining properties, or the city in general.
15. The business has continued to store damaged vehicles in the public right of way
which has diminished the city's character and has had an adverse aesthetic impact
on the city in general.
16. The Modified Site Approval (S69-7) was granted on the basis (finding) that the
arrangement of off-street parking facilities should prevent traffic congestion and
adequately meet the demands of the users.
17. Modern Bench has continued to rely on the use of the public right of way to park/store
damaged vehicles and have deliveries made by tow trucks, it can be reasonably
concluded that the off-street parking facilities inadequately meets the demands of the
users.
18. The Modified Site Approval (S69-7) was granted on the basis (finding) that the
arrangement of off-street parking facilities should prevent traffic congestion and
adequately meet the demands of the users.
19. The Modified Site Approval (S69-7) was granted on the basis (finding) that the
establishment will not significantly increase the demand on city services.
20. A significant increase in the demand for Police, Code Enforcement, and Planning
services have been required to monitor and abate violations of the use.
Based on the foregoing findings of fact, the Planning Commission further finds and
concludes that:
Planning Commissioner Resolution 4296
PLN2016-115 - 661-665 E. McGlincy Lane - MBO (Modern Bench Operations)
Revocation of apreviously-modified Site Approval (S69-07)
Page 3
1. The Planning Commission cannot affirmatively find that the operation of the facility is
consistent with the approved modification to the previously approved Site Approval
(S69-7), and/or the Campbell Municipal Code;
2. Circumstances under which the permit was granted have been changed by the
applicant to a degree that one or more of the findings contained in the original permit
can no longer be made in a positive manner, and the public convenience, health,
interest, safety, or welfare require the revocation;
3. The permit was issued, in whole or in part, on the basis of a misrepresentation or
omission of a material statement in the application, or in the applicant's testimony
presented during the public hearing, for the permit;
4. One or more of the conditions of the permit have not been substantially fulfilled or
have been violated; and
5. The Revocation is Categorically Exempt under Section 15321(a) of the California
Environmental Quality Act (CEQA) pertaining to enforcement actions by regulatory
agencies to enforce or revoke an entitlement for a use issued, adopted or prescribed
by the regulatory agency.
THEREFORE, BE IT RESOLVED that the Planning Commission approves the City-
Initiated Revocation (PLN2016-115) of a previously modified Site Approval (S69-07) on
property located at 661-665 E. McGlincy Lane due to a lack of compliance with the
conditions of approval.
PASSED AND ADOPTED this 24th day of May, 2016, by the following roll call vote:
AYES: Commissioners: Bonhagen, Dodd, Finch, Kendall, Reynolds, Rich and
Young
NOES: Commissioners: None
ABSENT: Commissioners None
ABSTAIN: Commissioners: None ~-~
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Cyn~Sia Dodd, Chair
ATTEST:
Paull Ker~noyan, Secretary