CC Resolution 10013
RESOLUTION NO. 10013
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAMPBELL UPHOLDING AN APPEAL AND OVERTURNING
THE PLANNING COMMISSION DENIAL OF A CONDITIONAL
USE PERMIT (PLN2001-97) FOR AN ON-SITE LIVING FACILITY
ON PROPERTY OWNED BY MR. RICHARD PASEK AT 925 S.
McGLINCY LANE IN AN M-1-S (LIGHT INDUSTRIAL) ZONING
DISTRICT. APPLICATION OF MR. RICHARD PASEK. FILE NO.
PLN200 1-97.
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 PLN2001-97:
1. The proposal for a 960 square foot on-site living facility to provide on-site security and/or
24-hour service requires approval of a Conditional Use Permit.
2. On-site security for a 3,648 square foot warehouse/office building is typically provided
through the provision of an alarm system, however an on-site living facility would provide
additional security.
3. The proposal for an on-site living facility, while not substantiated by the record of criminal
incidents and reports as maintained by the Campbell Police Department, may reduce or deter
future crime at the property.
4. The proposal for an on-site living facility contributes to a shortage of parking on-site. Nine
spaces are proposed, where 12 are required, two of which are required by the proposed on-
site living facility, however there may be some overlap of parking demand by the on-site
living facility and the office use.
Based on the foregoing findings of fact, the City Council further finds and concludes that:
1. The establishment, maintenance, or operation of the use applied for will not be detrimental to
the public health, safety, peace, morals, comfort, or general welfare of persons residing or
working in the neighborhood of such proposed use, or detrimental or injurious to property
and improvements in the neighborhood or to the general welfare of the City.
2. The proposed site is adequate in size and shape to accommodate the yards, walls, fences,
parking and loading facilities, landscaping and other development features required in order
to integrate the on-site living facility with the proposed warehouse and office uses on-site and
uses in the surrounding area.
City Council Resolution
PLN2001-97 - 925 S. McGlincy Lane
Upholding Appeal and Overturning PC Denial
Conditional Use Permit for On-Site Living Facility
Page 2
3. The proposed on-site living facility is essential and desirable to the public convenience or
welfare, and is in harmony with the various elements or objectives of the City's General
Plan.
4. The proposed use is compatible with the uses in the area. The proposed use would not likely
create a nuisance due to problems involving parking, traffic, noise or other factors.
NOW, THEREFORE, BE IT RESOLVED that the City Council upholds an appeal and overturns
the Planning Commission denial of a Conditional Use Permit (PLN2001-97) for an on-site living
facility on property owned by Mr. Richard Pasek at 925 S. McGlincy Lane subject to the
following Conditions of Approval.
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
1. Approved Proiect: Approval is granted for a Conditional Use Permit (PLN2001-97) to allow
the construction of a warehouse and office building on property located at 925 South
McGlincy Lane. Approval shall substantially conform to the project exhibits listed below,
except as may be modified by the Conditions of Approval contained herein:
A. Site plan, floor plans, elevations, roof plan and landscape plan of property prepared by
Steven A. Arnold, Civil Engineer, received by the Planning Division on January 8, 2002.
B. Color and Material Board submitted by Richard Pasek on January 8,2002.
2. Hours of Operation: The hours of operation shall be restricted to the following:
Daily:
6:00 a.m. to 11 :00 p.m.
3. No Outdoor Storage Permitted: No storage of any materials, equipment or vehicles on the
property is allowed outside of the building. The parking lot is restricted to customer and
employee parking during business hours.
4. On-site lighting: The applicant shall submit a lighting plan, light fixture details and illustrated
brochures indicating the location and design of light fixtures and parking lot lighting to the
Planning Division, prior to the issuance of building permits, for review and approval by the
City Council Resolution
PLN2001-97 - 925 S. McGlincy Lane
Upholding Appeal and Overturning PC Denial
Conditional Use Permit for On-Site Living Facility
Page 3
Community Development Director. All lighting shall be arranged and shielded so that light is
reflected away from adjacent roadways and so that there is no glare that will cause
unreasonable annoyance or interfere with the public health, safety or welfare.
5. Landscaping and Wall Plans: The applicant shall submit a detailed landscape and irrigation
plan to be reviewed and approved by the Community Development Director prior to issuance
of any building permits for the project to include the following:
a. All street trees and on-site streets shall be a minimum 24-inch box size. Shrubs shall be a
minimum of 5-gallon size.
b. All landscaping installed as required per the approved landscape plan shall be maintained
in good health. The applicant shall record a landscape maintenance agreement, prior to
the issuance of building permits.
c. Revise the site plan and landscape plan to provide a minimum four(4) foot landscape strip
along the southern property line and a minimum three (3) foot landscape strip along the
northern property line, except for an opening no wider than 30 feet adjacent to the
building.
d. All landscaping shall be installed prior to building occupancy.
e. All hardscape items (i.e. walkways to front entrance) shall be reviewed and approved by
the Community Development Director prior to issuance of building permits.
f. The existing chain link fences along the property lines shall be removed. Any new walls
shall not exceed three (3) feet in height. Wall plan to be reviewed and approved by the
Community Development Director, prior to building occupancy.
g. All landscape areas shall be protected by 6-inch high poured in place concrete curbs.
6. Garbage Collection: Trash Container of a size and quantity necessary to serve the
warehouse/office use shall be located in an area approved by the Fire Department and
Community Development Director. The trash container shall be maintained in a clean and
sanitary condition. The trash enclosure shall consist of a solid wall and have solid metal
doors designed to be architecturally compatible with the building. The enclosure shall be
installed at grade level and have a level area adjacent to the trash enclosure area to service
the containers.
7. Parking and Driveways: All driveway areas shall be developed in compliance with Chapter
21.50 of the Campbell Municipal Code.
8. Signs: No signing is permitted as part of the development applications approved herein. Any
new signage shall require approval of a sign permit as required by Chapter 21.53 of the
Campbell Municipal Code. No new signing shall be installed until a sign permit has been
approved and granted.
City Council Resolution
PLN2001-97 - 925 S. McGlincy Lane
Upholding Appeal and Overturning PC Denial
Conditional Use Permit for On-Site Living Facility
Page 4
9. Noise:
A. Noise Standard: Any noises, sounds and/or voices, including but not limited to loud
speakers and sounds generated by uses from the business shall not be audible to a person
of normal hearing acuity from any property adjacent to the project site.
B. Noise Management: In the event complaints are received by the City regarding noise, the
Community Development Director, upon confirmation that the noises are generated by
the car rental business, may limit the operational hours and/or may require a Noise
Management Plan to be submitted by the applicant consisting of an acoustical study by a
qualified acoustical engineer for recommendations to attenuate the noise. The Noise
Management Plan shall require implementation of the mitigation measures as determined
in the acoustical study to comply with the noise conditions as herein included in these
Conditions of Approval.
C. Exterior Speakers: No audio sound system, music, public address system, and/or speakers
shall be used in association with the rental business.
10. Building Elevations, Details and Colors: The applicant shall submit detailed building
elevations and exhibits depicting architectural details. Detailed elevations and exhibits shall
be reviewed by and approved by the Community Development Director prior to the issuance
of building permits. Project details include, but are not limited to, the following:
a. Revise color scheme to eliminate the deep red accent color and replace with a dark green
as indicated on the 1/8/2002 color and sample board.
b. Providing window details indicating window design. Providing roof equipment screening
to obscure visibility and to preserve the architectural integrity of the buildings.
11. Conditional Use Permit Approval: The Conditional Use Permit is subject to revocation and
hearing by the Planning Commission, in the event any conditions of approval are violated or
are not fulfilled.
12. Site and Architectural Approval Expiration: The Site and Architectural Permit approval for
this project is valid for a period of one (1) year from the Planning Commission approval. All
conditions of approval specified herein must be completed within one year from the date of
approval, or the permit shall be void.
PUBLIC WORKS DEPARTMENT:
13. Street Improvements: Prior to issuance of any grading or building permits for the site, the
applicant shall execute a Street Improvement Agreement and shall cause plans for public
street improvements to be prepared by a registered civil engineer, pay fees, post security and
provide insurance necessary to obtain an Encroachment Permit for construction of the
City Council Resolution
PLN2001-97 - 925 S. McGlincy Lane
Upholding Appeal and Overturning PC Denial
Conditional Use Permit for On-Site Living Facility
Page 5
standard public street improvements, as required by the City Engineer. The fee for a non-
utility encroachment permit is $255.00. The plans shall include the following:
A. Removal of the existing curb, gutter, and non-ADA compliant driveway approach;
B. Construction of new curb, gutter, industrial sidewalk, street trees with welles) and
irrigation, and ADA compliant driveway approach;
C. Installation of a streetlight in accordance with the City's Street Lighting Policy;
D. Construction of conforms to existing public and private improvements as necessary.
14. Proof of Ownership: Prior to issuance of any grading, drainage, or building permits for the
site, the applicant shall provide a current preliminary title report, grand deed, or other
satisfactory proof of ownership.
15. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer
cleanout(s) shall be installed on private property behind the public right-of-way line.
16. 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
compames.
17. Utility Installation Plan: Prior to issuance of building permits for the site, the applicant shall
submit a Utility Installation Coordination Plan and Schedule for approval by the City
Engineer for installation of street improvements and/or abandonment of all utilities. Streets,
which have been resurfaced within the previous 5 years, will require boring and jacking for
all new utility installations. Applicant shall also prepare pavement restoration plans for
approval by the City Engineer prior to any utility installation or abandonment.
18. 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.
19. 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
City Council Resolution
PLN2001-97 - 925 S. McGlincy Lane
Upholding Appeal and Overturning PC Denial
Conditional Use Permit for On-Site Living Facility
Page 6
Prevention. The City will provide the applicant information to assist in satisfying this
condition.
20. Legal Lot: The applicant shall provide documentation to ascertain that the lot has been
legally created.
BUILDING DIVISION:
21. 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.
22.Construction Plans: The conditions of Approval shall be stated in full on the cover sheet of
construction plans submitted for building permit.
23 Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in.
X 36 in.
24. Plan Preparation: 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.
25. Soils Report: Two copies of a current soils report, prepared to the satisfaction of the Building
Official, containing foundation and retaining wall design recommendations shall be submitted with
the building permit application. This report shall be prepared by a licensed engineer specializing in
soils mechanics.
26. 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.
27. Foundation Inspections: A pad certificate prepared by a licensed civil engineer or land
surveyor shall be submitted to the project building inspector upon foundation inspection.
This certificate shall certify compliance with the recommendations as specified in the soils
report and the building pad elevation and on-site retaining wall locations and elevations are
prepared according to approved plans. Horizontal and vertical controls shall be set and
certified by a licensed surveyor or registered civil engineer for the following items:
a. pad elevation
b. finish floor elevation (first floor)
c. foundation comer locations
City Council Resolution
PLN2001-97 - 925 S. McGlincy Lane
Upholding Appeal and Overturning PC Denial
Conditional Use Permit for On-Site Living Facility
Page 7
28. Title 24 - Energy Compliance: California Title 24 Energy Standards Compliance forms shall
be blue-lined on the construction plans. Compliance with the Standards shall be
demonstrated for conditioning of the building envelope and lighting of the building.
29. Special Inspections: When a special inspection is required by UB.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 permits, in accordance
with UB.C Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from
the Building Inspection Division Counter.
30. Non Point Source Pollution Control Program: 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.
31. Title 24 Accessibility - Commercial: On site general path of travel shall comply with the
latest California Title 24 Accessibility Standards. Work shall include but not be limited to
accessibility to building entrances from parking facilities and sidewalks.
32. Title 24 Accessibility - Commercial: Projects seeking to use the Title 24 Hardship
exemption clause shall blue-line completed, City of Campbell "20%" exemption form on
submitted construction plans. Form is available at Building Division service counter.
33. Approvals Required: The project requires the following agency approval prior to issuance of
the building permit:
a. West Valley Sanitation District
b. Santa Clara County Fire Department
c. School District:
i) Campbell Union School District (378-3405)
ii) Campbell Union High School District (371-0960)
iii) Moreland School District (874-2900)
iv) Cambrian School District (377-2103)
d. Bay Area Air Quality Management District (Demolitions Only)
FIRE DEPARTMENT
34. General Comment: Review of this Development proposal is limited to acceptability 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.
City Council Resolution
.PLN2001-97 - 925 S. McGlincy Lane
Upholding Appeal and Overturning PC Denial
Conditional Use Permit for On-Site Living Facility
Page 8
35. Required Fire Flow: The required fire flow for this project is 1,750 gpm at 20 psi residual
pressure. The required fire flow is available from area water mains and fire hydrant(s), which
are spaced at the required spacing.
36. Emergency Gate/Access Gate Requirements: Gate installations shall conform with Fire
Department Standard Details and Specification G-1 and, when open shall not obstruct any
portion of the required width for emergency access roadways or driveways. Locks, if
provided, shall be Fire Department approved, prior to installation.
37. 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 background.
38. Occupancy Separation: At time of building permit submittal, the architect shall reflect all
appropriate occupancy separation elements between the warehouse/office and the residential
unit.
39. Conditions Listed on Future Plans: To prevent plan review and inspection delays, the above
noted Conditions of Approval shall be restated as "notes" on all pending and future plan
submittals.
PASSED AND ADOPTED this ~day of
May
, 2002, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Dean, Burr, Kennedy, Furtado, Watson
None
None
None
ATTEST:
APPROVED: ~/.k-
~'- Je:rhette Watson, Mayor
Anne Bybee, City Clerk