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CC Ordinance 2257ORDINANCE NO. 2257 BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A MAJOR MODIFICATION (PLN2019-114) TO A PREVIOUSLY APPROVED PLANNED DEVELOPMENT PERMIT (PLN2005-126/PLN2009-159) TO ELIMINATE THE SECOND PHASE OF THE MCGLINCY BUSINESS CENTER PROJECT ON PROPERTY LOCATED AT 680, 700, 710, AND 750 E MCGLINCY LANE. After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the City Council of the City of Campbell does ordain as follows: Environmental Findinq An Initial Study has been prepared for the proposed project which provides documentation for the factual basis for concluding that a Mitigated Negative Declaration may be adopted since no substantial evidence exists, in light of the whole record, that the project may have a significant effect on the environment as conditioned. Evidentiary Findings The Proposed Project is application. for a Zoning Map Amendment (PLN2018-336) to rezone the project site from C-PD (Condominium Planned Development) to M-1 (Light Industrial); a Conditional Use Permit with Site and Architectural Review (PLN2018-337) to allow construction of an approximately 156,500 square -foot 3-story self -storage facility with a basement level and caretaker/employee housing unit, including associated site, lighting, parking, and landscaping improvements, an increased floor area ratio (FAR) of 1.26, an increase to the allowable fence height, and an adjustment to the landscape requirements; a Vesting Tentative Parcel Map (PLN2018-338) to merge existing parcels, abandon existing public and private easements, and to establish a new parcel with associated public and private easements, on property located at 680 and 700 E McGlincy Lane and a Major Modification (PLN2019-114) to a previously approved Planned Development Permit (PLN2005-126/PLN2009-159) to eliminate the second phase of the McGlincy Business Center Project affecting property located at 680, 700, 710, and 750 E McGlincy Lane. . 2. The primary project site is composed of two approximately one -acre parcels, located along the south side of E. McGlincy Lane, between Westchester and Forman Drives, and is currently developed with an outdoor cargo storage container facility. A secondary component of the project site, subject to the Major Modification (PLN2019-114), is the McGlincy Business Center, a commercial/industrial condominium complex to the east. 3. The McGlincy Business Center is designated by the Campbell Zoning Map as C-PD (Condominium Planned Development) and by the Campbell General Plan Land Use Diagram as Light Industrial. City Council Ordinance 2257 Approving a Major Modification (PLN2019-114) 680, 700, 710, and 750 E McGlincy Lane Page 2 of 3 4. The McGlincy Business Center Project originally consisted of four commercial/ industrial buildings with a total square footage of 71,740 square feet on a 4 '/2 acre site. The following approvals have been granted with regard to this project: • The McGlincy Business Center Project was originally approved by the Planning Commission as a Site & Architectural Review Permit (PLN2005-23) by Resolution No. 3658. • The McGlincy Business Center Project was allowed to be developed as condominium units by approval of a Planned Development Permit (PLN2005-126), a Zoning Map Amendment (PLN2005-126), and Tentative Parcel Map (PLN2005-127) by City Council Ordinance No. 2068 and No. 2069, and Resolution No. 10606, respectively. • The Planned Development Permit (PLN2005-126) was modified and extended by an application for a Modification of Approval (PLN2007-38) approved by City Ordinance No. 2095, which allowed the McGlincy Business Center to be constructed in phases. • The Modified Planned Development Permit (PLN2005-126) was extended for a period of four years by approval of an Extension of Approval (PLN2009-159) by City Council Ordinance No. 2128. 5. Only the first phase of the McGlincy Business Center Project was constructed, consisting of two industrial condominium buildings (Wand 'B') encompassing 24 industrial condominium units. 6. The Proposed Project would be constructed on the undeveloped area of Phase 2 of the McGlincy Business Center Project such that the previously approved and extended Planned Development Permit (PLN2009-159) must be modified. 7. The proposed Major Modification (PLN2019-114) would eliminate Phase 2 of the McGlincy Business Center allowing the Proposed Project to be approved. 8. The property owner has taken necessary and appropriate actions to also sever the relationships between the McGlincy Business Center and the primary project site, including an Amendment to Declaration 'of Covenants, Conditions and Restrictions for McGlincy Business Center, a Termination of Declaration of Easements, Covenants, Conditions and Restrictions, and Reciprocal Easement Agreement. 9. No substantial evidence has been presented which shows that the project, _as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. Based upon the foregoing findings of fact, the City Council further finds and concludes that: 1. The proposed development will clearly result in a more desirable environment and use of the land than would be possible under any other zoning district classification. City Council Ordinance 2257 Approving a Major Modification (PLN2019-114) 680, 700, 710, and 750 E McGlincy Lane Page 3of3 2. The proposed development will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. 3. The proposed development will not result in allowing more residential units than would be allowed by other residential zoning districts, which are consistent with the General Plan designation of the property. 4. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. 5. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. 6. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. 7. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. SECTION ONE: That this Ordinance be adopted to approve a Major Modification (PLN2019- 114) to a previously approved and extended Planned Development Permit (PLN2005- 126/PLN2009-159) to eliminate the second phase of the McGlincy Business Center Project affecting property located at 680, 700, 710, and 750 E McGlincy Lane, subject to the attached recommended Conditions of Approval (attached Exhibit A). SECTION TWO: This Ordinance shall become effective thirty (30) days following its passage and adoption and shall be published, one time within fifteen (15) days upon passage and adoption in the Campbell Express, a newspaper of general circulation in the City of Campbell, County of Santa Clara. PASSED AND ADOPTED this 17th day of December, 2019, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN COUNCILMEMBERS: Bybee, Landry, Waterman COUNCILMEMBERS: Gibbons COUNCILMEMBERS: Resnikoff COUNCILMEMBERS: None ' S91 R J2_1 J- 14t ATTEST: , JA 2-J Wendy fdood, City Clerk M. Waterman, Mayor EXHIBIT A CONDITIONS OF APPROVAL Major Modification 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 Approved Project: Approval is granted for a Major Modification (PLN2019-114) to a previously approved and extended Planned Development Permit (PLN2005- 126/PLN2009-159) to eliminate the second phase of the McGlincy Business Center Project originally located at 680, 700, 710, and 750 E McGlincy Lane. The McGlincy Business Center Project, now limited to 710 and 750 E McGlincy Lane, consisting of two industrial condominium buildings (Wand `B') encompassing 24 industrial condominium units, shall be maintained in substantial compliance with the original Approved Project Plans prepared by ARC-TEC, Inc., stamped as received by the Planning Division on November 1, 2005. 2. Previous Conditions of Approval: Upon the effective date of this Ordinance, all Conditions of Approval provided in City Council Ordinance No. 2128 shall be void and permanently superseded in their entirety by the Conditions of Approval specified herein. 3. Approval Expiration: The Modified Planned Development Permit shall be valid in perpetuity on the property. 4. Allowable Land Uses: Permitted uses specified by Campbell Municipal Code (CMC) Section 21.10.080.13 for the M-1 (Light Industrial) Zoning District shall be allowed by issuance of a Zoning Clearance. Conditional Uses specified by CMC Section 21.10.080.0 for the M-1 (Light Industrial) Zoning District shall be allowed upon approval of an Administrative Planned Development Permit. All uses shall be in conformance with applicable development standards (e.g., parking, lighting, noise, etc.) specified herein. 5. Operational Hours: Operational hours shall be limited to 6:00 AM to 11:00 PM daily for all uses within the structures on the project site unless an application for an Administrative Planned Development Permit for "late night activities" is approved. 6. Parking Compliance: Approval of the McGlincy Business Center Project was based on a combination of office and warehousing uses that were parked at a rate of one stall per each 250 square feet of gross floor area and one stall space per each 400 square feet of gross floor area, respectively. The approved mixture of office and warehouse uses may be modified through introduction of different land uses as specified by Condition of Approval No. 4 (Allowable Land Use) so long as the parking demand of all uses does not exceed the supply of parking provided. 7. Expansion: No additional square footage shall be allowed either as an addition or an interior conversion such as a mezzanine. Exhibit A — Conditions of Approval Page 2 PLN2019-114 — 680, 700, 710, and 750 E McGlincy Lane 8. Outdoor Business Activities: Business activities shall not be allowed outside the buildings within the common lot areas, including but not limited to,'parking lots, driveways, loading areas, and landscaping areas. The exterior common areas shall not be used for storage purposes, including but not limited to, boats, trailers, automobiles, recreational vehicles, cargo containers, generators, merchandise, supplies, equipment, or other personal property. 9. Landscape Maintenance: All landscaped areas shall be continuously maintained in accordance with CIVIC Sec. 21.26 (Landscaping Requirements). Landscaped areas shall be irrigated 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. 10.On-Site Lighting: All existing and future lighting fixtures shall be maintained in compliance with CIVIC Sec. 21.18.090 (Campbell Lighting Design Standards). 11. Parking and Driveways: All parking and driveway areas shall be maintained in good condition and free of any trash or debris and be regularly swept and cleaned in compliance with the standards provided in CIVIC Ch. 21.28 (Parking and Loading). No cars or materials may be stored in the loading area of the project site and the parking spaces designated "owner parking at loading zones" shall remain available for the temporary parking of vehicles at all times. 12. Mechanical Equipment: All roof mounted and ground mounted equipment shall be screened from public view. Installation of future screening shall be architecturally compatible with the development in terms of colors, materials, architectural style, and shall include appropriately installed and maintained landscaping, as applicable, to the satisfaction of the Community Development Director. 13. Property Maintenance: The property owner shall maintain the property free from graffiti, trash, and rubbish in compliance with CIVIC Sec. 21.16.110 (Site maintenance). 14. Noise: The following noise standards shall be adhered to at all times: a. Trucking loading and unloading between the hours of 10:00 p.m. and 7:00 a.m. is not permitted. b. The roll up doors and man doors of all structures must be maintained closed between the hours of 10:00 pm to 7:00 a.m. and the operation of the roll up doors during these hours is prohibited. c. Any machine, device, activity, or operation that exceeds a sound level of 67 dBA at a distance of 50 feet for 30 minutes or more per hour shall be used inside the enclosed building when the roll up door or associated man door is fully closed. Examples of this type of equipment include, but are not limited to, the following: hammering; forklifts; nail guns; cement mixers; pumps; generators; welders; and air compressors. d. Parking lot sweepers, leaf blowers and other mechanical devices that have the potential to cause a disturbance to the adjacent residential properties shall only be operated between 7:00 a.m. and 5:00 p.m. daily. Exhibit A — Conditions of Approval Page 3 PLN2019-114 — 680, 700, 710, and 750 E McGlincy Lane 15. Covenants, Codes, and Restrictions (CC&R's): The business association shall continue to operate subject to its amended Declaration of Covenants, Conditions and Restrictions for the McGlincy Business Center. 16.Trash Disposal and Clean -Up: Except for pickup by the waste hauler, refuse and recycling receptacles shall be kept within the enclosure in compliance with CIVIC Ch. 6.04 (Garbage and Rubbish Disposal). 17. Si_gnage: All new signage shall be subject to approval of a Sign Permit in compliance with CIVIC Chapter 21.30 (Signs) and conform to the McGlincy Business Center Master Sign Plan.