CC Resolution 13127 - Public Hearing Appeal of Planning Commission's Approval of Site and Architectural Review Permit 940/946 S. McGlincy Lane RESOLUTION NO. 13127
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL DENYING AN APPEAL AND UPHOLDING PLANNING
COMMISSION APPROVAL A SITE AND ARCHITECTURAL REVIEW
PERMIT TO ALLOW CONSTRUCTION OF AN APPROXIMATELY
10,250 SQUARE-FOOT INDUSTRIAL/ WAREHOUSE BUILDING,
WITH AN EXCEPTION TO THE SIDE SETBACK REQUIREMENT, ON
PROPERTY LOCATED AT 940/946 S. MCGLINCY LANE. FILE NO.:
PLN-2021-215
After notification and public hearing, as specified by law and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
The City Council finds as follows with regard to denial of an appeal and upholding of
approval of a Site and Architectural Review Permit:
1. The Proposed Project is an application for a Site and Architectural Review Permit
(PLN-2021-215) to allow construction of an approximately 10,250 square-foot
industrial/warehouse building, with an exception to the side setback requirement.
2. The Project Site is a 24,255 square-foot parcel located on E. McGlincy Lane, north of
Curtner Avenue.
3. The Project Site is zoned LI (Light Industrial) and designated as Light Industrial, as
shown on the Campbell Zoning Map and Campbell General Plan Map, respectively.
4. The Proposed Project seeks a reduction to the otherwise required 5-foot side setback,
as allowed by CMC Sec. 21.10.080, Table 2-13. Consistent with this section, the
Planning Commission (or City Council upon appeal) may allow a side setback of less
than five feet where a property line abuts a non-residentially zoned property, when it
finds that (1) the height of the building wall, inclusive of a parapet, adjacent to the side
property line is no taller than 30-feet and limited to one-story; and (2) the proposed
building is designed for and would be limited to general industrial use, including
manufacturing, processing, warehousing, storage, assembly, and fabrication. As
these conditions are satisfied, the Planning Commission and City Council has
determined that the requested reduction of the side setback to zero feet is appropriate.
5. The Proposed Project would be consistent with the following General Plan policies
and strategies:
Policy LU-2.2: Promote high quality,creative design and site planning that is compatible with
surrounding development, public spaces, and natural resources.
Policy LU-2.2: Prohibit the establishment or encroachment of incompatible uses into
Industrial and R&D designated lands and prohibit new uses which would result
in the imposition of additional operational restrictions and/or mitigation
requirements on industrial and R&D uses due to land use incompatibility.
City Council Resolution 13127 Page
2 of 4
Appeal of a Site and Architectural Review Permit (PLN-2021-215)
940/946 S. McGlincy Ln.
Action LU-2.a: Through the development review and permit process, screen development
proposals for land use compatibility, including conformance with existing
development or neighborhoods.
Action LU-2.a: Through the development review and permit process, require adequate
buffers and/or architectural consideration to protect residential areas,
developed or undeveloped, from intrusion of private nonresidential
development activities that may degrade the quality of life in such residential
areas.
Policy LU-2.3: Industrial development should have functional and safe internal circulation
patterns, attractive site and architectural design, and be sensitive to
surrounding uses for the purpose of contributing to the positive character of
industrial areas and the overall image of the city.
Policy CD-1.1: 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 ED-2.3: Encourage the revitalization of existing shopping centers, business parks,
industrial areas, and key corridors as needed in order to meet the economic
development goals of the city.
Policy ED-3.3: Facilitate and encourage more efficient use of the city's light industrial land
supply, creating higher employment densities and high-quality jobs, while
discouraging the use of large sites and buildings for low intensity uses and
other uses that may compromise the sustainability of these areas.
Policy ED-5.2: Support the development of office and industrial facilities to meet local
demand, compete for regional growth opportunities, and create high-quality
jobs that support local housing opportunities.
Policy COS 10.a: Review all new industrial and commercial development projects for potential
air quality impacts to residences and other sensitive receptors. The city shall
ensure that mitigation measures and best management practices are
implemented to reduce significant emissions of criteria pollutants. Adopt an
ordinance codifying these requirements into the Campbell Municipal Code.
6. In review of the Proposed Project, the Planning Commission and City Council
considered traffic safety, traffic congestion, site circulation, adequacy of landscaping,
and the appropriateness of proposed structures and site layout, pursuant to Campbell
Municipal Code Sec. 21.42.040 (Considerations in review of applications).
7. The rear 10-feet of the property is encumbered by easement to the benefit of the Santa
Clara Valley Water District (Valley Water) to allow for use and maintenance of an
underground water conveyance pipe in the former alignment of the Kirk Ditch, as
established in that document entitled "Resolution No. 76-22, Giving Notice of Buried
Waterline of Santa Clara Valley Water District" recorded March 01, 1986 in Book B-
894, Page 562 of the Official Records of Santa Clara County. As requested by Valley
Water, a Condition of Approval shall require the applicant to secure an encroachment
permit from Valley Water prior to issuance of a building permit by the City.
City Council Resolution 13127 Page
3of4
Appeal of a Site and Architectural Review Permit (PLN-2021-215)
940/946 S. McGlincy Ln.
8. There is a reasonable relationship and a rough proportionality between the Conditions
of Approval and the impacts of the project.
9. There is a reasonable relationship between the use of the fees imposed upon the
project and the type of development project.
10. 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.
11. In consideration of the aforementioned findings in support of a Site and Architectural
Review Permit (PLN-2021-215) to allow construction of an approximately 10,250
square-foot industrial/warehouse building, with an exception to the side setback
requirement, the Planning Commission adopted Resolution No. 4694 at its meeting of
January 23, 2024, approving the Proposed Project.
12. A timely appeal of the Planning Commission's action to approve to the Proposed
Project was received on February 1, 2024.
' 13. The appeal did not contend an error in fact, dispute of findings, or inadequacy of
conditions to mitigate potential project impacts nor was accompanied by supporting
evidence substantiating the basis for the appeal.
Based upon the foregoing findings of fact, the City Council further finds and concludes
that:
Site and Architectural Review Permit Finding (CMC Sec. 21.42.060.B):
1. The project will be consistent with the general plan;
2. The project conforms with the Zoning Code;
3. The project will aid in the harmonious development of the immediate area;
4. The project is consistent with applicable adopted design guidelines, development
agreement, overlay district, area plan, neighborhood plan, and specific plan(s);
M-1 Reduced Side Setback Findings (CMC Sec. 21.10.080.E., Table 2-13):
5. The height of the building wall, inclusive of a parapet, adjacent to the side property
line is no taller than 30-feet and limited to one-story;
6. The proposed building is designed for and would be limited to general industrial use,
including manufacturing, processing, warehousing, storage, assembly, and
fabrication;
Environmental Finding(s) (CMC Sec. 21.38.050):
City Council Resolution 13127 Page
4 of 4
Appeal of a Site and Architectural Review Permit (PLN-2021-215)
940/946 S. McGlincy Ln.
7. The project is Categorically Exempt under Section 15332 of the California
Environmental Quality Act (CEQA), pertaining to In-Fill Development Projects which
are found consistent with all applicable general plan policies and zoning regulations,
are under five acres in size, and substantially surrounded by urban uses; and
8. 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.
THEREFORE, BE IT RESOLVED that the City Council denies an appeal and upholds the
Planning Commission's approval a Site and Architectural Review Permit (PLN-2021-215)
to allow construction of an approximately 10,250 square-foot industrial/warehouse
building, with an exception to the side setback requirement, on property located at
940/946 S. McGlincy Lane, subject to the attached Conditions of Approval (attached
Exhibit A).
PASSED AND ADOPTED this 5th day of March, 2024, by the following roll call vote:
AYES: Councilmembers: Bybee, Scozzola, Lopez
NOES: Councilmembers: Furtado, Landry
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
APPROVE H.
Susan M. Landry, Mayor
ATTEST: chla a 4 v
Andrea Seers, City Clerk
Exhibit A
CONDITIONS OF APPROVAL
SITE AND ARCHITECTURAL REVIEW PERMIT
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
1. Approved Project:Approval is granted for a Site and Architectural Review Permit(PLN-
2021-215) to allow construction of an approximately 10,250 square-foot
industrial/warehouse building, with an exception to the side setback requirement, on
property located at 940/946 S. McGlincy Lane. The project shall substantially conform
to the Project Plans included as Attachment No. B in the March 5, 2024 City Council
Staff Report, except as may be modified by conditions of approval contained herein.
2. Permit Expiration: The Site and Architectural Review Permit approved herein
("Approval") shall be valid for one (1) year from the effective date of Planning
Commission approval (expiring March 5, 2025). Within this one-year period a Building
Permit for the project must be issued pursuant to CMC Sec. 21.56.030.B.1. Failure to
meet this deadline or expiration of an issued Building Permit shall result in the Approval
being rendered void.
3. Planning Final Required: Planning Division clearance is required prior to Building Permit
final. Construction not in substantial compliance with the approved project plans shall
not be approved without prior authorization of the necessary approving body.
4. Minor Revisions: Architectural refinements and other minor revisions to the Approved
Project Plans may be administratively reviewed and approved by the Community
Development Director pursuant to CMC Sec. 21.56.060.
5. SCVWD (Valley Water) Permit Required: As required by the Santa Clara Valley Water
District Water Resources Protection Ordinance, the applicant shall secure approval of
an encroachment permit from Valley Water prior to issuance of a building permit by
the City. The encroachment permit application shall include plans that show both the
Kirk Distribution System and Valley Water's easement, and be consistent with the
application requirements provided at https://www.valleywater.orq/contractors/doinq-
businesses-with-the-district/permits-working-district-land-or-
easement/encroach ment-perm its.
6. Plan Revisions (Valley Water): The construction plans submitted for a building permit
shall include the following revisions to the satisfaction of Valley Water staff:
Exhibit A— Conditions of Approval — 940/946 S. McGlincy Lane Page 2
PLN-2021-215 — Site and Architectural Review Permit
a. Clearly delineate, label, and dimension on all applicable sheets the improvements
shown within the Valley Water easement (i.e., sanitary sewer, manholes, pervious
pavement, Valley gutter, landscaping, landscape irrigation, storm drain, fencing,
etc.). Any improvement(s) not authorized by a Valley Water encroachment permit
shall be removed from the construction plans.
b. Construction details showing the building foundation, footing, excavation required,
construction details, etc.
c. Staging plan indicating on-site construction staging and equipment access routes.
7. Utility Boxes and Back-Flow Preventers: As part of the construction drawings
submitted for a building permit, an plan sheet shall indicate installation of the PG&E
utility (transformer) boxes and San Jose Water Company back-flow preventers,
indicating the location of the boxes for approval by the Community Development
Director. The transformer shall be screened with landscaping or artistically painted.
8. General Operational Standards: Use of the subject property is subject to the following
general operational standards:
a. Land Use Restriction: The use of the approved industrial/warehouse building
is limited to general industrial use, including manufacturing, processing,
warehousing, storage, assembly, and fabrication, as defined by the Campbell
Municipal Code.
b. Hours of Operation: Unless otherwise authorized by a Conditional Use
Permit, the hours of operation of any use within the approved buildings is
limited to 6:00 AM to 11:00 PM, daily.
c. Smoking: "No Smoking" signs shall be posted on the premises in compliance
with CMC Sec. 6.11.060.
d. Noise: Regardless of decibel level, no noise generated within the approved
building shall obstruct the free use of neighboring properties so as to
unreasonably interfere with the comfortable enjoyment of the neighboring
residents. In the event verified complaints are received by the City regarding such
noise, the Community Development Director may immediately curtail the Hours
of Operation, pursuant to Condition of Approval No. 11 (Revocation of Permit).
e. Signage: All signage shall require separate approval of a Sign Permit in
compliance with Campbell Municipal Code (CMC) 21.30.080.A
f. Trash Disposal and Clean-Up: Refuse and recycling receptacles shall be
kept within the trash enclosure except during collection in compliance with
CMC Chapter 6.04 (Garbage and Rubbish Disposal).
g. Loitering: There shall be no loitering allowed on the premises. The business
owner is responsible for monitoring the premises to prevent loitering.
Exhibit A— Conditions of Approval — 940/946 S. McGlincy Lane Page 3
PLN-2021-215 — Site and Architectural Review Permit
h. Lighting: On-site lighting shall be shielded away from adjacent properties and
directed on-site. The final design and type of lighting fixtures and lighting
intensity of any proposed exterior lighting for the project shall be reviewed and
approved by the Community Development Director for compliance with the
City of Campbell Lighting Design Standards (CMC Sec. 21.18.090).
i. Property Maintenance: The property is to be maintained free of any
combustible trash, debris, and weeds until the time that actual construction
commences. Any vacant existing structures shall be secured, by having
windows boarded up and doors sealed shut, or be demolished or removed
from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code).
j. Landscape Maintenance: All landscaped areas shall be continuously
maintained in accordance with CMC Chapter 21.26. 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.
k. Outdoor Storage: No outdoor storage is permitted on the subject property,
including the storage equipment, materials, and inoperable vehicles.
I. Parking and Driveways: All parking and driveway areas shall be maintained
in compliance with the standards provided in CMC Chapter 21.28 (Parking
and Loading).
9. Water Efficient Landscape Standards: This project is subject to the updated California
Model Water Efficient Landscape Ordinance (MWELO). The building permit application
for grading and on-site improvements shall demonstrate compliance with the
applicable MWELO and landscaping requirements and shall include the following.
Replacement trees shall be provided consistent with the Conditions of Approval of the
associated Tree Removal Permit.
a. A Landscape Documentation Package prepared by an authorized and licensed
professional demonstrating compliance with the full MWELO requirements with
the following required elements:
1) Project Information per Section 492.3.
2) Water Efficient Landscape Worksheet per Section 492.4 (Appendix B of
the MWELO).
i. Include the worksheet within the plan set AND
ii. Provide a separate 8.5x11 hard copy or pdf via email to the project
planner.
3) Soil Management Report per Section 492.5 (unless significant mass
grading is planned, in which case the report shall be submitted prior to
permit final).
4) Landscape Design Plan per Section 492.6.
5) Irrigation Design Plan per Section 492.7.
6) Grading Design Plan per Section 492.8.
Note that a Soil Management Report (if not submitted as part of the
Landscape Documentation Package) and Certificate of Completion will be
required prior to permit final.
b. A completed Landscape Information Form.
Exhibit A— Conditions of Approval — 940/946 S. McGlincy Lane Page 4
PLN-2021-215 — Site and Architectural Review Permit
c. A note on the Cover Sheet in minimum 1/2" high lettering stating "Planning Final
Required. The new landscaping indicated on the plans must be installed prior
to final inspection. Changes to the landscaping plan require Planning approval."
10.Construction Activities: The applicant shall abide by the following requirements during
construction and demolition activity:
a. General City Requirements: Construction activity shall comply with these general
City construction requirements:
a. The project site shall be posted with the name and contact number of the
lead contractor in a location visible from the public street prior to the issuance
of building permits.
b. Construction activities shall be limited to weekdays between 8:00 a.m. and
5:00 p.m. and Saturdays between 9:00 a.m. and 4:00 p.m. No construction
shall take place on Sundays or holidays unless an exception is granted by
the Building Official.
c. All construction equipment with internal combustion engines used on the
project site shall be properly muffled and maintained in good working
condition.
d. Unnecessary idling of internal combustion engines shall be strictly
prohibited.
e. All stationary noise-generating construction equipment, such as air
compressors and portable power generators, shall be located as far as
possible from noise-sensitive receptors such as existing residences and
businesses.
b. Noise Attenuation Measures: Due to the proximity of adjacent residences, the
following noise attenuation measures shall be implemented:
a. All construction equipment shall be properly maintained in good working
order.
b. Prior to construction activities, designate a "Construction Noise Coordinator"
who would be responsible for responding to any local complaints about
construction noise. The Construction Noise Coordinator shall determine the
cause of the complaint and shall require that reasonable measures
warranted to correct the problem be implemented (potentially including
temporary noise barriers). The telephone number for the Construction Noise
Coordinator shall be conspicuously posted at the construction site.
c. The construction contractor shall provide, at least three weeks prior to the
start of construction activities, written notification to all nearby residential
units within 200 feet of the construction site informing them of the estimated
start date and duration of construction activities.
d. Locate temporary generators and air compressors (if utilized) as far away
from sensitive noise receptors as necessary to reduce noise.
c. BAAQMD Required Fugitive Dust Control Measures: The applicant shall require
their construction contractors to reduce construction-related fugitive dust by