PC Res 3700
RESOLUTION NO. 3700
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL RECOMMENDING APPROVAL OF A TENTATIVE
PARCEL MAP (PLN2005-127) FOR FOUR LOTS FOR CONDOMINIUM
PURPOSES ON PROPERTY OWNED BY MR. JAMES CHALMERS
LOCATED AT 700-750 E. McGLlNCY LANE IN AN M-1-S (LIGHT
INDUSTRIAL) ZONING DISTRICTS. APPLICATION OF MR. CRAIG
ALMELEH, ON BEHALF OF ARCHITECTURAL TECHNOLOGIES, INC.
FILE NO.: PLN2005-127.
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 Planning Commission did find as
follows with respect to application PLN2005-127:
1. The Tentative Parcel Map will result in four commercial/industrial lots, which is
consistent with the General Plan land use designation of Light Industrial.
2. The Tentative Parcel Map is consistent with the C-PD (Condominium-Planned
Development) Zoning District.
3. The proposed project would subdivide the project site into four lots, with one building
on each lot.
4. The interior of the four buildings would be broken up into individual "air space"
condominiums with ten (10) units on Lot 1, twelve (12) units on Lot 2, thirteen (13) units
on Lot 3, and eleven (11) units on Lot 4 for a total of 46 units.
5. Each new lot created has adequate access to a public right-of-way.
6. The common lot area would consist of the exterior parking areas, driveways,
walkways, loading areas, and landscaping on each property and would be owned and
maintained by one common Owners Association for all four properties.
7. The conversion of the buildings to condominiums will allow for individual ownership of
the units. The common areas of the project would be maintained pursuant to the
provisions set forth in the recorded covenants, codes and restrictions (CC&R's).
8. Residential condominium conversions for more than five units requires a Tentative
Subdivision Map. However, the Subdivision Map Act specifies that for projects which
are part of a tract of land zoned for industrial or commercial development and having
approved access to a public street or highway, a Parcel Map shall be required.
9. The Tentative Parcel Map has been distributed to local agencies, including Pacific
Gas and Electric, West Valley Sanitation District, Santa Clara Valley Transportation
Authority, and the Santa Clara Valley Water District. None of these agencies raised
any concerns about providing services to the lots.
Planning Commission Resolution No. 3700
PLN2005-127 - 700-750 E. McGlincy Lane
Recommending Approval of a Tentative Parcel Map
Page 2
10. A Negative Declaration has been prepared for this project concluding that there are
no significant impacts associated with this project, pursuant to the California
Environmental Quality Act (CEQA).
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. The proposed Tentative Parcel Map is consistent with the City's General Plan and
Zoning Ordinance.
2. The design of the Tentative Parcel Map provides, to the extent feasible, for future
passive or natural heating and cooling opportunities.
3. The proposed development will aid in the harmonious development of the immediate
area.
4. 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.
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.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends
approval of a Tentative Subdivision Map (PLN2005-127) for four lots for condominium
purposes on property owned by Mr. James Chalmers located at 700-750 E. McGlincy
Lane in an M-1-S (Light Industrial) Zoning District.
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 Tentative Parcel for four lots for
condominium purposes on property located at 700-750 E. McGlincy Lane. The
Planning Commissjon Resolution No. 3700
PLN2005-127 - 700-750 E. McGlincy Lane
Recommending Approval of a Tentative Parcel Map
Page 3
Parcel Map shall substantially conform to the Tentative Parcel Map prepared by Kier
& Wright and stamped as received by the Planning Division on October 31, 2005,
except as may be modified by the conditions of approval herein.
2. Approval Expiration: The Tentative Parcel Map approval is valid for a period of two
years from the date of final City Council approval unless an extension is granted
prior to the expiration date.
3. Parcel Map: The Planned Development Permit approval is contingent upon
recordation of the Parcel Map to divide the subject property. The Parcel Map shall
be recorded prior to the issuance of building permits.
4. Covenants. Codes and Restrictions (CC&R's): Prior to recordation of the Parcel
Map, the applicant shall submjt for review and approval by the City a copy of the
draft CC&R's which shall include the following:
a. Formation of one common Owner's Association;
b. Continued architectural controls to ensure the architectural integrity of the
project;
c. Definition of common areas and easements and provisions for the maintenance
of these areas;
d. Definition and allocation for the approved mixture of office and warehouse uses
in each building for the life of the project, pursuant to the approved Site and
Architectural Review Permit PLN2005-23;
e. All signage within the project shall be in conformance with an approved Master
Sign Plan;
f. Provision of a funding mechanjsm to ensure maintenance and upkeep of
common areas; and
g. Provision to prohibit the use of exterior common areas for storage purposes,
including but not limited to, boats, trailers, automobiles, recreational vehicles,
cargo containers, generators, merchandise, supplies, equipment, or other
personal property.
h. No new building square footage shall be added to the buildings (Le.
mezzanines).
5. Demolition of Structures: Prior to recordation of the Parcel Map the applicant shall
obtain a demolition permit from the Building Division for the demolition of all
structures.
6. Propertv Maintenance: The property is to be maintained free of any combustible
trash, debris and weeds until the time that actual construction commences. All
existing structures shall be secured by having windows boarded up and doors
Planning Commission Resolution No. 3700
PLN2005-127 - 700-750 E. McGlincy Lane
Recommendjng Approval of a Tentative Parcel Map
Page 4
sealed shut, or be demolished or removed from the property (Section 11.201 and
11.414,1985 Ed. Uniform Fire Code).
PUBLIC WORKS DEPARTMENT
7. Previouslv Conditioned Proiect: Prior to recordation of the map, the applicant shall
have completed all the requirements for the Project previously submitted under
application PLN 2005-023.
8. Parcel Map: The applicant shall submit a parcel map for recordation upon approval
by the City, pay various fees/deposits and submit the map in a digital format
acceptable to the City.
9. Condominium Plan: Prior to recordation of the map as required by the City
Engineer, the applicant shall submit a Condominium Plan for review by the City and
submit the map in a digital format acceptable to the City.
10. Preliminary Title Report: Upon submittal of the parcel map, the applicant shall
provide a current Preliminary Title Report.
11. Public Service Easement: Upon recordation of the parcel map, the applicant shall
grant a 10 foot public service easement on private property contiguous with the
public right-of-way along the East McGlincy Lane frontage. 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.
12. Private Easements: Upon recordation of the parcel map, the applicant shall cause
private easements to be recorded for private utilities, private storm drains, reciprocal
ingress and egress, emergency vehicles, etc.
13. Monumentatjon for Parcel Map: Prior to recordatjon of the parcel map, the appljcant
shall provide a cash deposit for setting all monuments shown on the map.
Monuments shall be set per section 20.76.010 of the Campbell Municipal Code.
14. Maintenance of Landscapinq: Owner(s), current and future, are required to maintain
the landscaped park strip and tree wells in the public right of way. This includes, but
is not limited to: trees, lawn, plantings, irrigation, etc. Trees shall not be pruned in a
manner that would not allow the tree to grow to a mature height.
15. Work in the Public Riqht-of-Wav: Prior to doing any work in the public right-of-way,
the applicant shall obtain an encroachment permit, provide plans, pay fees and
deposits, post security, and provide insurance.
16. Covenants. Codes. and Restrictions: Provide copies of CC&R's for review by the
City prior to recordation of the parcel map and CC&R's.
Planning Commission Resolution No. 3700
PLN2005-127 - 700-750 E. McGlincy Lane
Recommending Approval of a Tentative Parcel Map
Page 5
PASSED AND ADOPTED this 13th day of December, 2005, by the following roll call
vote:
AYES:
Commissioners:
Alderete, Doorley, Ebner, Francois, Gibbons, Rocha
and Roseberry
None
None
None
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
ATTEST: ~~ I~
--Sharon Fierro, Secretary