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)
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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)
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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)
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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)
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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
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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)
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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.