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CC Ordinance 2069 ORDINANCE NO. 2069 BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A PLANNED DEVELOPMENT PERMIT (PLN2005-126) TO ALLOW THE CONVERSION OF FOUR APPROVED COMMERCIAL!INDSUTRIAL BUILDINGS INTO 46 COMMERCIAL! INDUSTRIAL CONDOMINIUM UNITS ON PROPERTY OWNED BY MR. JAMES CHALMERS, LOCATED AT 700-750 E. McGLlNCY LANE IN AN M-1-S (LIGHT INDUSTRIAL) DISTRICT. APPLICATION OF MR. CRAIG ALMELEH, ON BEHALF OF ARCHITECTURAL TECHNOLOGIES, INC. FILE NO. PLN2005-126. 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 did find as follows with respect to application PLN2005-126. The City Council of the City of Campbell does ordain as follows: SECTION ONE: That this Ordinance be adopted to approve a Planned Development Permit (PLN2005-126) to allow the conversion of four approved commercial/industrial buildings into 46 commercial/industrial condominium units on property owned by Mr. James Chalmers located at 700 - 750 E. McGlincy Lane, together with the attached Exhibit "A" (Conditions of Approval), Exhibit "B" (Project Plans) and Exhibit "C" (Map of Said Property). 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. 7th day of February , 2006, by the following roll PASSED AND ADOPTED this call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: COUNCILMEMBER: Kennedy, Hernandez, Burr, Furtado, Watson COUNCILMEMBER: None COUNCILMEMBER: None COUNCILMEMBER: None APPROVED: JeaJe~~ tL-~ Anne Bybee, City Clerk Exhibit A - Conditions of Approval PLN2005-126 -- 700 - 750 E. McGlincy Lane- Planned Development Permit Page 1 NOW, THEREFORE, BE IT RESOLVED that the City Council approves a Planned Development Permit (PLN2005-126) to allow the conversion of four approved commercial/industrial buildings into 46 commercial/industrial condominium units on property owned by Mr. James Chalmers located at 700 - 750 E. McGlincy Lane. 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 Planned Development Permit (PLN2005-126) to allow the conversion of four approved commercial/industrial buildings into 46 commercial/industrial condominium units located at 700-750 E. McGlincy Lane. The project shall substantially conform to the project exhibits listed below, except as may be modified by the conditions of approval herein: a. Project plans prepared by ARC-TEC, Inc. and stamped as received by the Planning Division on November 1, 2005. b. Tentative Parcel Map for condominium purposes prepared by Kier & Wright and stamped as received by the Planning Division on October 31,2005. 2, Approval Expiration: The Planned Development Permit approval shall be valid for two years from the date of City Council approval. Within this period either: (1) a building permit must be obtained; or (2) the use must be established on the property (if no building permit is required). Failure to completè (1) or (2) above will result in the Planned Development Permit being void. 3. Property Maintenance and Graffiti Removal: 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 sealed shut, or be demolished or removed from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code). The property owner shall be responsible for the removal of any graffiti from walls, fences or structures on the project site within one week of notification by the Community Development Director or their designate. Exhibit A - Conditions of Approval PLN2005-126 -- 700 - 750 E. McGlincy Lane- Planned Development Permit Page 2 4. Noise: 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. 5. Covenants. Codes. and Restrictions (CC&R's): Prior to recordation of the Parcel Map, the applicant shall submit 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 mechanism 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. No new building square footage shall be added to the buildings (i.e. mezzanines). h. Exhibit A - Conditions of Approval PLN2005-126 -- 700 - 750 E. McGlincy Lane- Planned Development Permit Page 3 6. Allowable Land Uses: The uses allowed on the project site shall be limited to the uses allowed under Section 21.10.080 (M-1 - Light Industrial) of the Campbell Municipal Code and shall be regulated by Section 21.12.030 (P-D Zoning District) and the permit procedures established under the P-D Zoning District. 7. Mixture of Office and Warehouse Uses: The office and warehousing uses, as specified on the project site plan, specify that there is a total of 25,503 square feet of office, at one parking space per each 250 square feet of gross floor area, and 46,237 square feet of warehousing, at one parking space per each 400 square feet of gross floor area. The approved mixture of office and warehouse uses shall be maintained throughout the life of the project so that adequate parking is provided. No additional square footage shall be allowed either as an addition or an interior conversion such as a mezzanine. 8. Siqnaae: All signage within the project shall be in conformance with an approved Master Sign Plan. No sign shall be installed until a Sign Permit has been approved by the Planning Division for conformance with the Sign Ordinance and the approved Master Sign Plan. 9. Operational Hours: Operational hours shall be limited to 6 a.m. to 11 p.m. daily for all uses within the structures on the project site. 10. 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. PUBLIC WORKS DEPARTMENT 11. Previouslv Conditioned Project: Prior to recordation of the map, the applicant shall have completed all the requirements for the Project previously submitted under application PLN 2005-023. 12. 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. 13. 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. 14. Preliminarv Title Report: Upon submittal of the parcel map, the applicant shall provide a current Preliminary Title Report. Exhibit A - Conditions of Approval PLN2005-126 -- 700 - 750 E. McGlincy Lane - Planned Development Permit Page 4 15. 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. 16. 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. 17. Monumentation for Parcel Map: Prior to recordation of the parcel map, the applicant 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. 18. 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. 19. Work in the Public Riqht-of-Way: 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. 20. 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. FIRE DEPARTMENT 21. Formal Plan Review: Review of this development proposal is limited to accessibility of site access and water supply as they pertain to fire department operations, and shall not be construed as a substitute for formal plan review to determine compliance with adopted model codes. Prior to performing any work the applicant shall make application to, and receive from, the Building Division all applicable construction permits. 22. Required Fire Flow: The building construction type has changed to type 3N for all buildings. The revised adjusted fore flow is 1,500 GPM (plus sprinkler demand). 23.Automatic Fire Sprinkler System Required: Buildings requiring a fire flow in excess of 2,000 GPM, or in excess of two stories or 35 feet in height, shall be equipped throughout with an automatic fire sprinkler system, hydraulically designed per National Fire Protection Association (NFPA) Standard #13. Revise drawing notes to reflect intent to fully sprinkler all buildings. 24. Private Fire Hvdrants Required: Provide three private on-site fire hydrants installed per NFPA Standard #24, at locations to be determined by the Fire Department. Exhibit A - Conditions of Approval PLN2005-126 -- 700 - 750 E. McGlincy Lane- Planned Development Permit Page 5 Maximum hydrant spacing shall be 250 feet, with a minimum acceptable flow of 1,500 GPM at 20 psi residual pressure. Prior to design, the project civil engineer shall meet with the Fire Department Water Supply Officer to jointly spot the required fire hydrant locations. New on-site south and west private hydrants must be relocated to a minimum distance of 40 feet from the proposed buildings in the islands on the outer side of the parking lot. 25. TiminQ of Required Water Supply Installations: Installation of required fire service(s) and fire hydrant(s) shall be tested and accepted by the Fire Department prior to the start of framing or delivery of bulk combustible materials. Building permit issuance may be withheld until installations required installations are completed, tested, and accepted. 26. Fire Hvdrant Location Identifier: Prior to project final inspection, the general contractor shall ensure that an approved "blue dot" fire hydrant location identifier has been placed in the roadway, as directed by the Fire Department. 27.Fire Apparatus (EnQine) Access Roads Required.: Provide access roadways with a paved all weather surface, a minimum unobstructed width of 20 feet, vertical clearance of 13 feet 6 inches, minimum circulating turning radius of 36 feet outside and 23 feet inside and a maximum slope of 15%. Installations shall conform to Fire Department Standard Details and Specifications sheet A-1. 28. Fire Lane MarkinQ Required: Provide markings for all roadways within the project. Markings shall be per Fire Department specifications. Installations shall also conform to Local Government Standards and Fire Department Standard Details and Specifications A-6. 29. Fire Department Key Box Required: All buildings shall be equipped with a permanently installed emergency access key lock box (Knox), conforming to Fire Department Standard Details and Specifications K-1. At the time of final inspection, access keys shall be provided to the Fire Department. 30. TiminQ of Required Roadwav Installations: Required access roads, up through first lift of asphalt, shall be installed and accepted by the Fire Department prior to the start of construction. Bulk combustible materials shall not be delivered to the site until installation so complete. During construction, emergency access roads shall be maintained clear and unimpeded. Building permit issuance may be withheld until such installations are completed. 31. Premises Identification: Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their backgrounds.