Site and Architectural - 2001December 26, 2001
CITY OF CAMPBELL
Community Development Department - Current Planning
Pete Messa
Pete Messa & Sons, Inc.
26690 Old San Jose Road
Los Gatos, CA 95033
Re: 827 S. McGlincey Lane (PLN2001-74)
Dear Mr. Messa:
Thank you for meeting with me on December 5, 2001 to discuss the hoist structure at 827 S.
McGlincey Lane. The following is what the Planning Division will require to bring the structure into
compliance with the applicable zoning regulations:
1. Submit plans and details for the review and approval of the community Development Director
for the installation of a low-pitched, detachable roof structure. Remove and replace roof upon
approval of revised plans.
2. Install a six (6) foot high, wood, good neighbor style fence along the Highway 17 property line.
Submit design detail for review and approval prior to installation.
3. Plant 5 to 7 trees near the hoist to provide additional visual screening from Highway 17. Italian
Cypress is not recommended due to their narrow shape and lack of canopy. Consider trees from
the City's Water Efficient Landscape Standards (WELS). Provide tree type and location for
review and approval prior to installation.
4. Install wheels on hoist structure. This will make the structure portable and will be classified as
equipment, and not a structure or building.
5. Paint the entire hoist framework black.
Per our discussion, please bring in the details as specified above by January 15, 2001. Once all of the
details have been reviewed and approved, the Community Development Department will require
compliance 30 days thereafter.
Thank you for your continued cooperation in bringing this issue to a successful resolution. Please do
not hesitate to contact me at (408)866-2124.
';;¡d¡ /6 AA_ß ¡f
Geoff 1. Bradley /vv ~
Senior Planner /
J:\COITespondence\827 S. McGlincey.doc
70 North First Strec:t
Campbell, California 95008-1436
TFL 40'>.866.2140
FAX 408.866.8381
Tlm 408.866.2790
CITY OF CAMPBELL
Community Development Department. Current Planning
November 26,2001
Pete Messa
Pete Messa & Sons, Inc.
26690 Old San Jose Road
Los Gatos, CA 95033
Re: Site and Architectural Review for hoist structure at 827 McGlincey Lane (PLN2001-74)
Dear Mr. Messa:
Thank you for your letter dated November 12, 2001 regarding the hoist structure installation.
Although your efforts to resolve this issue are appreciated, we cannot accept the compromise you
have offered on the roof.
As we have stated before, the City of Campbell considers the property a legal, non-conforming
use and the hoist is an intensification of the use on the property. Campbell's Municipal Code
specifically prohibits the expansion, enlargement, or intensification of legal non-conforming
uses. A new building on the property is an intensification of the use, and a roof on the hoist
makes it a building. (Per the Municipal Code, the definition of "building" is any structure having
a roof supported by columns or walls, intended for the shelter, housing or enclosure of any
individual, animal, process, equipment, goods or materials of any kind or nature.) If the roof is
removed, then we can consider the structure a piece of equipment, and not a building, and avoid
the discussion of the intensification of use and the legal non-conforming issues.
It is understood that removing the roof on this piece of equipment poses serious concerns for
you, so you will need to determine whether you want to remove the roof, remove the hoist
altogether, or consider bringing the entire property into conformance to keep the hoist with the
roof (as outlined in our letter ofJuly 10,2001).
Thank you for your continued cooperation on this matter. Please contact Geoff Bradley at (408)
866-2124 at your earliest convenience to let us know which option you have decided to pursue.
Sincerely,
~\(~'~~(l~é~
Kristi Bascom
cc:
GeoffBradley, Senior Planner
70 North First Street. Campbell, California 95008.1436 . TEL 408.866.2 I 40
F.-'lX 408.866.8381 . TOD 405.866,2790
Peter G. Messa
2~90 Old San Jose Rd.
Los Gatos. Ca. 95033
Telephone: (331)476-8221 Fax: (831)476-5947
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November 12. 2001
City of Campbell
ComDnmity Development Department
70 North First Street
Cænpbell.Ca.95008
~ : Kristi Bascom
Planning Staff
SUBJECT: Hoist Structure at 827 So. McGlincey Ave. Campbell
Dear Planning Staff:
Thank you for your letter of response dated October 29. 200 1 regarding
the hoist structure installation.. We appreciate your efforts toward finding an
equitable solution to this matter. We have reviewed the conditions for
approval presented by your p1ann1ng staff and believe we can address these
conditions' and satisfy your concerns. We agree to paint the hoist black and
to install a 6 ft. high wood fence along Highway 1 7. This will undoubtedly
reduce the visual impact of the hoist and other machinery as seen from that
direction. We do have serious issues. however, regarding removal of the
hoist roof.
We contacted the hoist manufacturer regarding the roof removal option..
Although removal of the roof would not adversely affect the structural
1t1tegrity of the frame itse]t we were advised a!YI1nst this option. The
assembly consists of a mechanical hoist mounted on a carriage with steel
trolleys~ rollers,. and rails. These moving parts are mamlfactured and certified
to exact specifications for smooth lifting and moving capability. When
exposed to wet weather conditions,. these parts are subject to rust and
corrosion which adversely affect functional life of the machinery. Unsmoo~
improper,. or faulty operation of the l1ft1ng and moving capability of this
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-,
equipment could be very WlSafe. Furthermort; an Wlprotected installation
would void the manufacturers specifications warranty for safe lifting
capability .
Also, working with the hoist in wet conditions would create the kind of
unsafe conditions which we were addressing when we made the decision to
install it in the first place. For exampl~ a 150 lb. steel auger can be lift~
loaded on a truck,. or mounted on a machine safely and easily in any weather
with the covered hoist. Without a r~ however,. the hand1ing of wet steel
implements while standing on slippery wet footing creates risk factors which
we can no longer tolerate in our business workplace- We have been worlcing
with our Workers' Compensation Insurance Company to evaluate and
implement ways to reduce work related injury such as back and muscle strain
or worse.
Weare willing to look into the real possibility of an alternate low profile
roof or cov~ A flat lightweight cover would reduce the overall roof height
by about 4 ~ making it much less visible from the highway. Also,. a tall or
fast growing evergreen landscape at the hoist frame location could provide
graffiti proof visual screening from the highway. We hope and believe that
we can reach a compromise with you on these issues.
Sincerely,
fð~~
Pete Messa
Pete Messa & Sons, Inc.
Page2of2
October 29,2001
Pete Messa
Pete Messa & Sons, Inc.
26690 Old San Jose Road
Los Gatos, CA 95033
Re: Site and Architectural Review for hoist structure at 827 McGlincey Lane (pLN200J-74)
Dear Mr. Messa:
Thank you for your patience and efforts to come to an agreement on the placement of the new
hoist structure to your business at 827 McGlincey Lane. After reviewing your letter dated July
30, 2001, the Planning Division is prepared to consider your application at the staff level and
offer a compromise.
The City of Campbell considers the property a legal, non-conforming use and the hoist is an
intensification of the use on the property. However, if the hoist could be properly screened and
camouflaged, Staff would support its installation with the following conditions:
1.
2.
3.
Remove the roof.
Paint the hoist black.
Install a 6- foot wood good neighbor fence along the length of the Highway 17
property line.
Removing the roof would make the hoist less noticeable and even though it is bolted to a
foundation, Staff would consider it equipment and not a structure. Painting the hoist black
would minimize its appearance, and installing a solid wood fence along the property line would
screen the hoist and the other pieces of equipment from Highway 17.
We think that these conditions are equitable and will achieve the goal of minimizing the impact
of the hoist while allowing you to avoid having to bring the entire property into compliance.
Please contact me at your earliest convenience to discuss these conditions of approval and your
willingness to meet them.
Sincerely,
'fI a' ~ b ,r '?7~ç~
Kristi Bascom
cc:
GeoffBradley, Senior Planner
70 North First Street. Campbell, California 95008-1436 . TEL 408.866.2140 . FAX 408.866.8381 . roD 408.866.2790
, ,
CITY OF CAMPBELL
BUILDING INSPECTION DIVISION - COMMENTS TO THE DEVELOPMENT REVIEW COMMITTEE
DRC: August 23,2001
ADDRESS:
827 McGlincey Lane
Project Application: PLN-2001-00074
RECOMMENDATION:
Note: No building code issue has been reviewed at Development Review Committee; it will be reviewed in the
Building Permit process. Please be aware that building codes are changing constantly; plans submitted for
building permit shall comply with the code in effect at that time. Submit permit application together with
required documents to the Building Inspection Division to obtain a building permit. No construction can be
commenced without an appropriate building permit.
It is recommended that this item be forwarded to the Planning Commission for review, with the following
conditions.
TO THE SA TISF ACTION OF THE BUILDING DIVISION MANAGER/BUILDING OFFICIAL:
1.
PERMITS REQUIRED: A building permit application shall be required for the proposed
structure. The building permit shall include Electrical/PlumbinglMechanical fees when such
work is part of the permit.
2.
CONSTRUCTION PLANS: The conditions of Approval shall be stated in full on the cover
sheet of construction plans submitted for building permit.
3.
SIZE OF PLANS: The minimum size of construction plans submitted for building permits shall
be 24 in. X 36 in.
4.
PLAN PREP ARA TION: 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.
5.
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.
6.
SPECIAL INSPECTIONS: When a special inspection is required by U.B.C. Section 1701, 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 pennits, in accordance with
U.B.C Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from the
Building Inspection Division Counter.
J:\Building ORC Comments\827mcglinceylane.doc
7.
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.
8.
APPRav ALS REQUIRED: The project requires the following agency approval prior to
issuance of the building permit:
a. Santa Clara County Fire Department
J:\Building DRC Comments\827mcglinceylane.doc
-,
Peter G. Messa
26q90 Old San Jose Rd.
LosGatos~ca.95033
Telephone: (831)47~8221 Fax: (831)476-5947
July 30, 2001
City of Campbell
Community Development Department
70 North First Street
Campbell, Ca. 95008
A TIN: Kristi Bascom
Planning Department
SUBJEcf: Structw'e at 827 So. McGlincey Ave, Campbell
Dear Planning Staff:
We have reviewed your letter dated July 10,2001 regarding the hoist
structw'e at 827 McGlincey Ln. After careful consideration and consultation
we are tmable to proceed based upon the 2 options which were presented by
YOW' planning staff in that letter.
Our General Engineering Contractors business has operated from this
location in the same capacity for more than thirty years. Option # 1 regarding
bringing the property up to M-I-S Industrial code conformance at this time is
not an option to us for many obvious reasons. The nature of oW' business
requires ownership, use, and storage of large track-mounted equipment, for
example, which is not compatible with paved parking and storage areas. Our
equipment has never been placed in an enclosed building. Such space is not
available anyway. Code confonnance is very apparently not compatible with
oW' past and present use requirements.
Regarding the residence, we are able to provide an affordable housing unit
near the workplace for one of our employees and his family. What a planning
concept. We keep oW' property well maintained and safe. We like oW'
landscaping. We know where to park oW' cars. The property actually
conforms to the neighborhood quite well. There are several occupied
residences on McGlincey Lane, including next door and directly across the
Page 1 of 2
street. Also, storage and use of equipment and materials outside of enclosed
buildings is common. Several other businesses in the neighborhood store and
use construction equipment in their operations including Sharmon Pipelines,
Hogue Construction, Mello Pipelines, West Valley Construction, San Jose
Forest Products, Wilson Concrete, Sanco Pipelines, Petersen Construction,
Lane Irrrigation, and on and on.
Regarding planning staff option #2, we hereby withdraw our Site and
Architectural Permit application and request a refund of permit fees paid.
As for the hoist, it represents a substantial investment and is a very important
piece of equipment for our business. It allows safe and efficient handling of
materials and equipment. It provides an OSHA compliant means of insuring a
safe and productive workplace. As suc~ we have decided to detach the hoist
colwnnbases<from..the.concrete slaband,IlloWltthemon.the wheels which are
,
designed to make the unit portable. It will continue to be stored and used on
the property or dismantled for jobsite dispatch at our discretion. It is
technically no different than any other equipment which has been stored or
used at this location in the past. It is, in fact, not a subject for planning
review.
The hoist is Wldeniably visible ftom Highway 17. Is this a bad thing?
Unfortunately, it is not consistent with planning staff visions of concrete
block buildings all in a row. In the spirit of compromise, however, we are
willing to paint the hoist and provide a fencing or landscape upgrade along
the Freeway. Pete Messa & Sons, Inc. has provided a business service with
integrity in Campbell for many years and we expect to continue to do so.
Someday, redevelopment of this property will no doubt occur. When that
time comes, 5 businesses with 10 times each the present traffic volume and
infrastructure demands will occupy this site. Now that soWlds like an
important issue for a city planners agenda.
Yours trulY,~ J v- " ~
Peter G. Messa
Page 2 of 2
July 10, 2001
Pete Messa
Pete Messa & Sons, Inc.
26690 Old San Jose Road
Los Gatos, CA 95033
Re:
Site and Architectural Permitfor 827 McGlincey Lane (PLN2001-74)
Dear Mr. Messa:
Thank you for submitting the Site and Architectural Review application for your new hoist
structure at 827 McGlincey Lane. The M-l-S Zoning District requires Site and Architectural
approval before any new structures can be built or installed on the property, and in its current
location, the hoist structure does not meet the requirements of the M-I-S (Light Industrial)
Zoning District, which states that uses need to be conducted entirely within an enclosed building.
The City of Campbell does not have any record of previous approvals for the uses on the site, so
we consider the property to be legal, but non-conforming. This means that the uses are allowed
to continue because they have existed for so long, but they would not be allowed under today's
standards. Some of the non-conforming aspects ofthe property include:
. Residential use on Industrially-zoned property
. Deficient landscaping
. Unpaved storage yard area
. Unpaved and un-striped parking area
. Storage area outside of enclosed building
A Site and Architectural Permit would be for the site and all its uses in their entirety, which
means that the site would need to be brought up to code on the above-mentioned issues in
addition to requirements of the City's Public Works Department for street dedication and
improvements as well as point-source pollution discharge controls. Additionally, Staff would
recommend relocating the hoist to another place on the site less visible from Highway 17.
70 North First Street. Campbell, California 95008. t 436 . TEL 408,866.2 t 40 . FAX 408,866,8381 . TDD 408.866,2790
It is up to you to decide how you would like to proceed. However, by Friday, August 10,2001,
one of two things needs to occur:
1.
Submit a revised, engineered site plan showing the relocation of the hoist structure
along with paved areas, landscaping, street dedication, and the conversion of the
residential structure into an office or industrial use; or
Remove the hoist structure and withdraw your Site and Architectural Permit
application.
2.
We look forward to your prompt action on this matter and for notifying us at your earliest
convenience of your decision.
Please do not hesitate to contact me at (408) 866-2142 if you have any questions.
. Sincerely,
V'.' s+: ~~>~
Kristi Bascom
cc:
Geoff Bradley, Senior Planner
Ben Mendoza, Code Enforcement Officer
"-J-
MEMORANDUM
CITY OF CAMPBELL
Kristi Bascom, Project Planner
FROM: l-.RLynn Penoyer, Land Development Manager ,- /
Harold Housley, Land Development Enginee~
SUBJECT: DRC APPLICATION
DATE: 7/3/2001
TO:
Site Address: 827 McGlincey Lane
For File No(s): PLN2001-00074
Project Description: Equipment hoist at general contractor's equipment storage yard
Applicant: Peter Messa
PUBLIC WORKS DEPARTMENT CONDITIONS OF APPROVAL
1.
Preliminary Title Report: Prior to issuance of any grading or building permits for the site,
the applicant shall provide a current Preliminary Title Report.
2.
Irrevocable Offer of Dedication for Public Street Purposes: Prior to issuance of any
grading or building permits for the site, the applicant shall make an Irrevocable Offer of
Dedication in fee simple for additional right-of-way for Public Street Purposes along the
Cristich Lane frontage to accommodate a 30 foot half street. The applicant shall cause all
documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the
City's review and recordation.
3.
Unsecured Deferred Street Improvement Agreement: Prior to issuance of any grading,
drainage, or building permits for the site, the owner shall execute an unsecured deferred
street improvement agreement for construction of standard street improvements.
4.
Utilities: All new on-site Utilities shall be installed underground per Section 20.36.150 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.
5.
Grading and Drainage Plan: Prior to issuance of any grading or building permits for the
site, the applicant shall conduct hydrology studies based on a 10 year storm frequency,
prepare an engineered Grading and Drainage Plan, and pay fees required to obtain
necessary grading permits. The plans shall comply with the 1998 edition of the California
Building Code including Chapters 10, 11, 18,33, and Appendix Chapter 33.
6.
Storm Drain Area Fee: Prior to issuance of any grading or building permits for the site, the
applicant shall pay the required Storm Drain Area fee which is $2,500 per acre.
Page 1 of 2
Site Address: 827 McGlincey Lane
For File No(s): PLN2001-00074
Project Description: Equipment hoist at general contractor's equipment storage yard
Applicant: Peter Messa
PUBLIC WORKS DEPARTMENT CONDITIONS OF APPROV AL
7.
Storm Water Pollution Prevention Measures: Prior to issuance of any grading or building
permits, the applicant shall comply with the National Pollution Discharge Elimination
System (NPDES) permitting requirements and the California Storm Water Best
Management Practices handbook prepared by the Storm Water Quality Task Force, Santa
Clara Valley Water District and the City of Campbell Municipal Code regarding Storm
Water Pollution Prevention.
8.
Legal Lot: The applicant shall provide documentation to ascertain that the Lot has been
Legally created.
9.
Site Plan: Upon submittal of a formal application, the developer shall provide a complete
and accurate Site Plan in accordance with the Planning Division's checklist.
j :\landdev\827mcgIincey
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