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PC Res 4428RESOLUTION NO. 4428 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2017-149) TO ALLOW FOR THE ESTABLISHMENT OF A MAJOR MOTOR VEHICLE REPAIR AND MAINTENANCE FACILITY WITH VEHICLE (D.B.A. "I.Q. AUTOWORKS") ON PROPERTY LOCATED AT 805 E. MCGLINCY LANE. After notification and publio 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 Conditional Use Permit with Site and Architectural Review (PLN2017-149): Environmental Findin 1. This project may be found Categorically Exempt under Section 15301 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 and Section 15303 pertaining to the installation of small new equipment/facilities and conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structures. 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 on the north side of E. McGlincy Lane, east of Foreman Drive and west of Union Avenue. . 4. _The project address is 805 E. McGlincy Lane (APN: 412-30-021). 5. The rectangular, roughly half-acre property is developed with aone-story industrial building that runs along the west side of the property, with onsite parking to the east (side) and north (rear). 6. A two-way driveway provides access to the site from E. McGlincy Lane 7. The project side is bordered by residential uses (R-3 zoning) to the north, office buildings (R-M zoning) to the south, a combination of commercial and residential uses to the east (P-O and R-3 zoning respectively), and light industrial uses (M-1 zoning) to the west. 8. In early 2017, IQ Autoworks relocated their business from 1436 White Oaks Road to the subject site. Based on the written statement provided the applicant was not aware that a Conditional Use Permit was required to establish an automotive repair facility Planning Commission Resolution No. 4428 805 E. McGlincy Lane Approving a Conditional Use Permit (PLN2017-149) Page 2 of 5 and only became aware of the requirement once contacted by City's Code Enforcement Division in response to neighborhood complaints of overflow parking. 9. Since purchasing the property and relocating their business, the applicant has also made several interior and exterior improvements to the property without the benefit of permits but has worked with the City since becoming aware of the requirements to submit permits. 10. While initial neighborhood response to the business operations had been negative, over the last few months the business has sought to contain its operations onsite and has apparently resolved neighborhood concerns. 11. The proposed motor vehicle repair facility would operate on an `appointment only' basis, and would not accept~drive-in/walk-in customers. 12. The subject permit would apply to the entire property. 13. The business would be permitted to operate (when the office would be open to staff) between the hours of 7:30 a.m. to 7:00 p.m., Monday through Saturday. 14. The hours the business would be open to the public would range from 8:00 a.m. to 6:00 p.m., Monday through Saturday. 15. No business is to occur on Sundays. 16. Motor vehicle repair and maintenance facilities require 2 parking spaces per service space, plus 1 parking space for each 225 square feet of non-service area (e.g. waiting or customer service areas). 17. The applicant is proposing 12 indoor service spaces which would yield a parking requirement of 24 spaces (there would not be any automotive repair activity permitted outside the building or designated service spaces). 18. The facility would also have 2,558 square feet of non-service area (i.e. reception area, offices, break room, and storage areas on the first and second floor of the building) which requires 11 additional parking spaces resulting in in a total parking requirement for the entire operation of 35 parking spaces. 19. While the building is approximately 11,279 square feet the portion of the building being converted to a new use (i.e. not already an office/break room/reception office) amounts to less than 10,000 square feet in floor area. 20. Only minor modifications are proposed to the.exterior of the structure. 21. The applicant's proposal will result in the installation of small new equipment and facilities (i.e. vehicle lifts) inside the existing building. Planning Commission Resolution No. 4428 805 E. McGlincy Lane Approving a Conditional Use Permit (PLN2017-149) Page 3 of 5 22. The business would have no more than fourteen (14) staff onsite at any time. 23. The project includes a request for an 8-foot tall fence (chainlink with privacy slats or metal panel) along the perimeter of the project. 24. The project would be consistent with the following General Plan policies and strategies: 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. 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 Planning Commission Resolution fVo. 4428 805 E. McGlincy Lane Approving a Conditional Use Permit (PLN2017-149) Page 4 of 5 and open space, and while providing high quality services to the community. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed use is allowed within the applicable zoning district with Conditional Use Permit approval, and complies with all other applicable provisions of the Zoning Code and the Campbell Municipal Code; 2. The proposed use is consistent with the General Plan; 3. 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; 4. The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic the use would be expected to generate; 5. 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; 6. 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; 7. The change (to fencing) would not impair pedestrian or vehicular safety; 8. The change (to fencing) would result in a more desirable site layout; 9. The change (to fencing) would not be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood of the change; and 10. The change (to fencing) would not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city; and 11. This project is Categorically Exempt under Section 15301 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 and Section 15303 pertaining to the installation of small new equipment/facilities and conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structures. Planning Commission Resolution No. 4428 805 E. McGlincy Lane Approving a Conditional Use Permit (PLN2017-149) Paae 5 of 5 THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional Use Permit (PLN2017-149) to allow for the establishment of a major motor vehicle repair and maintenance facility on property located at 805 E. McGlincy Lane, subject to the attached Conditions of Approval (attached Exhibit "A"). PASSED AND ADOPTED this 13th day of February, 2018, by the following roll call vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners ABSTAIN: Commissioners: Rich, Hernandez, Krey & Rivlin APPROVED: ~L~!~..r//°~~ Michael Rich, Chair ATTEST: ~" Y/ Paul Kermoyan, Secretary EXHIBIT A CONDITIONS OF APPROVAL Conditional Use Permit (PLN2017-149) 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 (PLN2017-149) to allow the establishment of a major motor vehicle repair and maintenance facility (d.b.a. "I.Q. Autoworks") at 805 E. McGlincy Lane. The project site and proposed use shall substantially conform to the Project Plans and Written Description stamped as received January 29, 2018, except as may be modified by the conditions of approval contained herein. 2. Permit Expiration and Vesting: The Conditional Use Permit (PLN2017-149) approval shall be valid for one year from the date of final approval. Within this one year period all conditions of approval shall be fulfilled and the use established. Failure to meet this deadline will result in the Conditional Use Permit being void. Abandonment, discontinuation, or ceasing of operations for a continuous period of twelve months shall void the Conditional Use Permit approved herein. Failure to maintain a business license or have sales tax receipts demonstrating continued operation of a motor vehicle repair facility for a twelve month period shall be considered grounds for abandonment, discontinuation, and/or ceasing of operation. 3. Business License Required: The business shall obtain and maintain a city business license at all times. 4. Plan Revisions: Prior to building permit submittal the project plans shall be revised to incorporate the following changes: a. Sheet A2 - The area noted `to remain clear at all times' shall be expanded to include all areas outside a designated parking space where currently noted as an area that appears to reflect only cone-way drive. b. Sheet A2 -The area indicated for a parking space inside the building shall demonstrate that unimpeded backup area shall be provided to ensure unrestricted ingress/egress from this stall at all times. If unable to comply with this requirement, additional service areas/lifts will be required to be removed to ensure the site is compliant with the City's parking standards. c. Sheet A2 -The plans shall strike the note indicating that parking spaces 29-35 are for cars under repair/damaged. Conditions of Approval ~ 805 E. McGlincy Lane Approving a Conditional Use Permit (PLN2017-149) Paae 2 of 7 d. Sheet A2 -The plans shall clearly note the inclusion of a six to eight-foot tall chain link fence (black) with privacy slats along the perimeter of the site. The mechanical entry gate shall -also be revised to be 20-feet wide (to accommodate two-way travel) and match the design approach selected for the perimeter fencing (i.e. metal panel or chain link with privacy slats). e. Sheet A2 -The two parking spaces outside the fence and one service space inside the building shall be eliminated. 5. Revocation of Permit: Operation of a "major motor vehicle repair and maintenance facility" 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 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 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. 6. Operational Standards: Any business operating pursuant to the approved Conditional Use Permit approved herein shall be required to conform to the following operational standards, except as otherwise noted, of this entitlement and thereafter in perpetuity. Significant deviations 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" 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 service bay doors and fenced/gated area shall remain closed outside of the business/public hours. i. Operational Hours: 7:30 AM - 7:00 PM, Monday through Sat. ii. Business/Public Hours: 8:00 AM - 6:00 PM, Monday through Sat. Conditions of Approval ~ 805 E. McGlincy Lane Approving a Conditional Use Permit (PLN2017-149) Page 3 of 7 c. Deliveries: All parts and vehicle deliveries (tow-trucks) shall occur within the Operational Hours of the business and onsite. The property owner and business operator shall be responsible to inform delivery companies of this requirement and shall be held accountable for any violations. No deliveries after hours shall be permitted. d. Operations: All automotive related work must be completed within the existing building. e. Appointment Only: No drive-up/walk-in business shall be accepted. All business shall be conducted through appointments in order to control the number of vehicles on the property at any time. f. Staffing: No more than fourteen (14) staff members shall be permitted on the site at any time. g. Vehicle Identification: All vehicles awaiting or undergoing repair shall be identified by a label on the dash of every vehicle. If requested, employee vehicles shall also be required to be identified (within 14 days) to assist in monitoring that employee vehicles are not being parked in the public right of way to augment an onsite parking deficiency resulting from the business operations. The size and location of the label shall be to the satisfaction of the Community Development Director. h. Ledger: The business shall- keep a ledger of all vehicles under their care at all times, and make the list available to City staff on request. The list shall be used to confirm if vehicles under the care of the operator are parked in the street and/or not appropriately identified. i. Vehicle Washing: Vehicle washing shall not be permitted. j. Noise: Noise from bells, speakers and/or tools shall not be audible from residentially zoned or occupied parcels between the hours of six p.m. and eight a.m. on weekdays and' before ten a.m. and after seven p.m. on nationally recognized holidays. Paging horns, loudspeakers, and public address systems shall be prohibited at all times. k. Lighting: Artificial light shall be designed to reflect away from adjoining properties. Lighting found to be in violation of the City's lighting design standards (as amended from time to time), including existing lighting, shall be replaced and made compliant. I. 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. m. Property Maintenance: All exterior areas of the business are to be maintained free from graffiti, trash, rubbish, posters and stickers. Except when placed for Conditions of Approval ~ 805 E. McGlincy Lane Approving a Conditional Use Permit (PLN2017-149) Page 4 of 7 collection, trash receptacles shall be maintained within their approved enclosures at all times. Parking lot striping and paving shall be maintained in good condition. n. 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. o. 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. p. Smoking: "No Smoking" signs shall be posted and maintained on the premises in perpetuity in compliance with CMC 6.11.060. q. Storage: No outdoor storage shall be permitted. This provision shall not include parts carts which are in active use during business hours, provided that they remain outside of required drive aisles and parking spaces and do not exceed six-feet in height (inclusive of the height of parts), and are brought inside the facility (indoors) at the end of business/public hours every day. No parts, parts carts or tools shall remain outdoors after business/public hours. r. 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. s. Mechanical Entry Gate: The mechanical entry gate shall close after vehicle entry and exit, and shall be locked after the end of operational hours. In the event the gate impedes the flow of traffic on E. McGlincy Lane as a result of vehicles awaiting entry, the gate may be required to be left open during business hours, relocated deeper into the site, or upgraded to provide for smart/automatic entry as vehicles approach the gate. A "knox box" or similar device (as specified by the Fire Department) shall be required. t. Parking: No vehicle parking on public streets (including customer and staff parking), and no use of required parking spaces for purposes other than parking a vehicle, shall be permitted at any time. No parking shall be permitted outside of designated parking spaces. No tandem parking shall be allowed behind the gated area unless approval is first granted in writing by the Director of Community Development. In granting tandem parking, the Director shall confirm that the layout shall not result in access conflicts with the Fire Department or on/offsite circulation issues with the City's Traffic Engineer. u. Number of Parking Spaces: The business shall be limited to 11 indoor service spaces/lifts, and must maintain 33 parking spaces at all times. Conditions of Approval ~ 805 E. McGlincy Lane Approving a Conditional Use Permit (PLN2017-149) Page 5 of 7 Recognizing the business is already in operation, the business shall be brought into compliance with these requirements within 30-days of the date of final approval.. Compliance with these operational requirements and the compliance deadline shall be to the satisfaction of the Community Development Director. 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 the 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. Acceptance of Permit and Requirements: Should the applicants fail to file a valid and timely. appeal of this permit approval within the applicable appeal period, pursuant to Campbell Municipal Code Sec. 21.62.030, such inaction shall be deemed to constitute acceptance of permit approval and all associated requirements by the applicants and property owner. Building Division 10. Permits Required: A building permit application shall be required for the proposed renovations to the (e) commercial site. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 11. Construction `Plans: The Conditions of Approval shall be stated in full on the cover , sheet of construction plans submitted for building permit. 12. Size of Plans: The minimum size.. of construction plans submitted for building permits shall be 24 in. X 36 in. 13. 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. 14. 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. 15. 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. Conditions of Approval ~ 805 E. McGlincy Lane Approving a Conditional Use Permit (PLN2017-149) Page 6 of ~7 16. Storm .Water Requirements: Storm water run-off impervious surface created by this project shall be directed to vegetated areas on the project parcel. Storm water shall not drain onto neighboring parcels. Public Works Division 17. 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. 18. 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. 19. Water Meter(s) and Sewer Cleanout~s): Proposed water meter(s) and sewer cleanout(s) shall be installed on private property behind the public right-of-way line. 20. 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. 21. 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. McGlincy Lane has not been reconstructed or overlaid in the last 5 years. Conditions of Approval ~ 805 E. McGlincy Lane Approving a Conditional Use Permit (PLN2017-149) Page 7 of 7 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. 22. 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. 23.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. 24. Encroachment Permit Required: If the driveway entrance is proposed to be realigned an encroachment permit shall be required. The new driveway shall conform to City Standards and may require a dedication of sidewalk easement.