CC Resolution 9874
RESOLUTION NO. 9874
BEING A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CAMPBELL DENYING AN APPEAL AND
UPHOLDING A PLANNING COMMISSION ACTION
GRANTING SITE AND ARCHITECTURAL AND TREE
REMOV AL APPROVALS TO ALLOW THE CONSTRUCTION
OF TWO RESEARCH AND DEVELOPMENT BUILDINGS ON
PROPERTY LOCATED AT 700-750 McGLINCEY LANE IN
AN M-I-S (LIGHT INDUSTRIAL) ZONING DISTRICT.
APPEALED BY MR. PETE BOVENBERG. FILE NO.
PLN2000-161/PLN2001-38.
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 denies the appeal and
upholds the Planning Commission action and did find as follows with respect to application
PLN2000-161/PLN2001-38:
1. The proposed project is consistent with the Industrial land use designation of the General
Plan and the M-I-S (Light Industrial) Zoning District.
2. The proposed research and development buildings, as conditioned, are well designed and
architecturally compatible with other developments in the surrounding area and are
consistent with the development standards for industrial uses.
3. The proposed project is compatible with the adjacent industrial and residential uses.
4. The proposed project will install street improvements along McGlincey Lane.
5. The presented landscape plan preserves significant on-site trees and provides for replacement
of removed trees consistent with the Tree Preservation Ordinance.
6. 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.
7. No evidence has been presented which shows that the project will have a substantial impact
on plant or animal life.
Based upon the foregoing findings of fact, the City Council further finds and concludes that:
City Council Resolution re PLN2000-161/PLN2001-38 -700-750 McGlincey Lane
Upholding Planning Commission Site and Architectural & Tree Removal Approvals
and Denying an Appeal
Page 2
1. The proposed project will aid in the enhancement and the harmonious development of the
immediate area. The establishment, maintenance, or operation of the use 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 be detrimental or injurious
to property and improvements in the neighborhood or to the general welfare of the City.
2. The subject site is adequate in size and shape to accommodate the proposed uses and the
surrounding uses in the area.
3. The subject site is adequately served by streets of sufficient capacity to carry the kind and
quantity of traffic such uses would generate.
4. The proposed project is compatible with the adjacent land uses and the surrounding
neighborhood.
The applicant is hereby notified, as part of this application, that he/she is required to meet the
following conditions in accordance with the ordinance of the City of Campbell and the State of
California. The lead department with which the applicant will work is identified on each
condition where necessary. 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 Project: Approval is granted for a Site and Architectural Review Permit to allow
the construction of two new 40,000 square-foot two-story research and development
buildings (total 80,000 square feet) at 700-750 McGlincey Lane. Project approval shall
substantially comply with project plans prepared by the Hagman Group, that were received
by the Planning Division on November 2, 2000, except as modified by the Conditions of
Approval herein.
2. Research and Development Use: The 80,000 square-foot of building area shall be occupied
by research and development uses only. Research and Development uses predominately
consist of large open offices with administrative private offices, conference and training
areas that are complemented by some (e.g. less than 50% of the gross floor area) laboratory
or testing space, small-scale manufacturing and assembly areas, as well as a small amount of
warehouse, shipping and receiving areas. The activity shall not require exterior equipment,
specifically noise generating equipment such as emergency generators, compressors and
storage tanks.
3. Landscape and Irrigation Plans: The applicant shall submit four (4) sets of landscape and
irrigation plans to the Planning Division, prior to the issuance of building permits, for review
and approval by the Community Development Director. Landscape and irrigation plans shall
be consistent with the City's Water Efficient Landscaping Standards and shall include the
following:
City Council Resolution re PLN2000-161/PLN2001-38 -700-750 McGlincey Lane
Upholding Planning Commission Site and Architectural & Tree Removal Approvals
and Denying an Appeal
Page 3
a) Protection and preservation of lOon-site trees.
b) Provision of details of the plaza and fountain area between the buildings to improve this
area as outdoor area for employees
c) Provision of decorative pavement details.
d) Relocation of redwood trees along the McGlincey Lane frontage to perimeter landscape
areas adjacent to residential uses.
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
Community Development Director. All lighting shall be arranged and shielded so that light is
reflected away from adjacent residential uses and so that there is no glare, which will cause
unreasonable annoyance to occupants of residential properties or otherwise interfere with the
public health, safety or welfare.
5. Mechanical Equipment: All roof mounted and ground mounted equipment shall be screened
with architecturally compatible materials, subject to approval by the Community
Development Director, prior to the issuance of building permits.
6. Revised Plans: The applicant shall submit revised plans for review and approval of the
Community Development Director that illustrate an entry wall/ arcade feature along the street
frontage at the main project entry. This feature shall incorporate building forms and materials
used on the proposed buildings. The revised entry feature plan shall be approved prior to the
issuance of building permits.
7. Garbage Collection: Trash Containers of a size and quantity necessary to serve the new
building shall be in areas approved by the Fire Department and Community Development
Director. Unless otherwise noted, enclosures shall consist of a concrete floor surrounded by a
solid wall or fence and have self-closing doors of a size specified by the Fire Department. All
enclosures to be construct at grade level and have a level area adjacent to the trash enclosure
area to service the containers and to be architecturally compatible with the building walls.
The easterly trash enclosure area shall be relocated so that it is not oriented towards the
adjacent residential use.
8. Noise Management and Operational Hours: In the event that the Community Development
Director determines that noises are being generated by the project, that unreasonably
interfere with the neighboring properties, the Community Development Director may limit
the hours of operation and/or require the preparation of a Noise Management Plan to be
submitted by the applicant, consisting of an acoustical study prepared by a qualified
acoustical engineer for recommendations to attenuate the noise. The Noise Management
Plan shall require implementation of the mitigation measures found necessary to mitigate the
unreasonable interference with the neighboring properties. The proposed use shall be
conducted within an enclosed building except for the parking of vehicles and use of the
City Council Resolution re PLN2000-l61/PLN200l-38 -700-750 McGlincey Lane
Upholding Planning Commission Site and Architectural & Tree Removal Approvals
and Denying an Appeal
Page 4
outdoor plaza area. All deliveries at the service door shall be restricted to the hours of 7 a.m.
to 10 p.m.
9. Sign Permits: No signage is approved as a part of the development application approved
herein. The applicant shall submit a sign program application indicating all new signs for the
site. No sign shall be installed until such application is approved and a sign permit approved
and a permit issued by the Community Development Director as specified in Chapter 21.53
(Sign Ordinance) of the Campbell Municipal Code.
10. Site and Architectural Approval Expiration: The Site and Architectural approval (PLN2000-
161) for this proj ect 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.
11. Wall Plan: The applicant shall submit a sound wall plan that provides an eight-foot
acoustically effective sound wall with a consistent appearance along the eastern and southern
property lines, where the project abuts adjacent residential uses. The sound wall plan shall be
submitted for review and approval by the Community Development Director, prior to the
issuance of building permits.
BUILDING DIVISION
12. Pemits Required: A building permit application shall be required for each proposed structure.
The building permit shall include Electrical/Plumbing/Mechanical fees when such work is
part of the permit.
13. Construction Plans: The conditions of Approval shall be stated in full on the cover sheet of
construction plans submitted for building permit.
14. Size of Plans: The minimum size of construction plans submitted for building permits shall
be 24 in. X 36 in.
15. 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. A minimum of two stamped sets
will be required prior to issuance.
16. Soils Report: Two copies of a current site specific 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.
17. 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
City Council Resolution re PLN2000-161/PLN2001-38 -700-750 McGlincey Lane
Upholding Planning Commission Site and Architectural & Tree Removal Approvals
and Denying an Appeal
Page 5
shall also include site drainage details. Site address and parcel numbers shall also be clearly
called out.
18. 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
19. 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 ofthe building.
20. Special Inspections: When a special inspection is required by U.B.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 U.B.C Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from
the Building Inspection Division Counter.
21. Non-Point Source Pollution: 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.
22. 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.
23. 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.
24. 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)
City Council Resolution re PLN2000-l6l/PLN200l-38 -700-750 McGlincey Lane
Upholding Planning Commission Site and Architectural & Tree Removal Approvals
and Denying an Appeal
Page 6
d. Bay Area Air Quality Management District (Demolitions Only)
25. 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).
PUBLIC WORKS DEPARTMENT
26. Tentative Parcel Map: The applicant shall submit a complete and accurate Tentative Parcel
Map in accordance with the Planning Division's checklist. The current application
processing fee is $2,348.00.
27. Parcel Map: Prior to issuance of any building permits for the project, the applicant shall
submit a Parcel Map for recordation upon approval by the City. The parcel Map shall
merge the two parcels. The current plan check fee is $1,170.00 plus $25 per parcel.
28. Preliminary Title Report: Prior to recordation of the Parcel Map, the applicant shall provide
a current Preliminary Title Report.
29. Right-of- Way for Public Street Purposes: Prior to recordation of the Parcel Map, the
applicant shall cause additional Right-of-Way to be granted for Public Street Purposes along
the McGlincey Lane frontage to accommodate a 30-foot half street. 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.
30. Monumentation for Parcel Map: Prior to recordation of the Parcel Map, all Monuments
shown on the map shall be set.
31. Street Improvements: Prior to recordation of the Parcel Map, 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 standard public street
improvements, as required by the City Engineer. The fee for a non-utility encroachment
permit is $245.00. The plans shall include the following:
· Removal of existing substandard curb, gutter, sidewalk, street light(s), driveway
approaches, and related improvements.
a) Installation of surface treatment or reconstruction of one-half street pavement section
as determined by City Engineer based on field testing of existing pavement.
b) Construction of new curb/gutter, and 8 foot attached sidewalk measured from back
of curb to back of sidewalk.
c) Construction of public street lights in accordance with the City of Campbell Street
Lighting Policy.
d) Construction of street trees and irrigation at 40 feet on center.
e) Construction of new ADA compliant driveway approaches.
City Council Resolution re PLN2000-161/PLN2001-38 -700-750 McGlincey Lane
Upholding Planning Commission Site and Architectural & Tree Removal Approvals
and Denying an Appeal
Page 7
f) Installation of storm water conveyance improvements as necessary.
g) Installation of signs and stripes.
h) Relocation and protection of utilities.
i) Construction of conforms to existing public and private improvements, as necessary.
32. 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.
33. Soils Report: Prior to issuance of any grading or building permits for the site, applicant
shall provide a Soils Report prepared by a registered geotechnical or civil engineer. The
report shall include recommendations for public street improvements.
34. 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
companIes.
35. 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.
36. 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.
37. Storm Drain Area Fee: Prior to issuance of any grading or building permits for the site or
recordation of the Parcel Map, the applicant shall pay the required Storm Drain Area fee,
which is $2,500.00 per acre.
38. Santa Clara Valley Water District (SCVWD): Prior to issuance of any permits for grading,
landscaping, or building or the recordation of the Parcel Map, the applicant shall obtain a
clearance from the SCVWD.
39. 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 Prevention.
City Council Resolution re PLN2000-l6l/PLN200l-38 -700-750 McGlincey Lane
Upholding Planning Commission Site and Architectural & Tree Removal Approvals
and Denying an Appeal
Page 8
FIRE DEPARTMENT
40. 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 Department all applicable construction permits.
41. Required Fire Flow: The fire flow for this project is 5,550 gpm at 20 psi residual pressure
(*). As an automatic fire sprinkler system will be installed, the fire flow has been reduced
to 50% establishing a required adjusted fire flow of 2,750 gpm at 20 psi residual pressure.
The adjusted fire flow is not available from area water mains and fire hydrant(s), which are
spaced at the required spacing. (* - based upon Type V-Non Rated construction.)
42. 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. (* See additional underground fire service comment)
43. Private Fire Hydrant(s) Required: Provide three private on-site fire hydrant(s) installed per
HFP A Std. #24, at location(s) to be determined by the Fire Department. Maximum hydrant
spacing shall be 250 feet, with a minimum acceptable flow of 1,000 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.
44. Timing of Required Water Supply Installations: Installations 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 with be
withheld until required installations are completed, tested and accepted.
45. Fire Hydrant Location Identifier: Prior to project final inspection, the general contractor
shall ensure that a "Blue" dot has been placed in the roadway, as directed by the fire
department.
46. Fire Apparatus (Engine) 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 with Fire Department Standard Details
and Specifications sheet A-I.
47. Fire Lane Markings Required: Provide marking 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.
48. Fire Department Key Box Required: The building shall be equipped with a permanently
City Council Resolution re PLN2000-1611PLN2001-38 -700-750 McGlincey Lane
Upholding Planning Commission Site and Architectural & Tree Removal Approvals
and Denying an Appeal
Page 9
installed emergency access key box (Knox), conforming to Fire Department Standard Detail
and Specification sheet K-l. At time of final inspection, access keys shall be provided to
the fire department.
49. Timing of Rp.C}lIirp.cl Ro~clw~y Tm:t~ll::1tion<;;: 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
is complete. During construction, emergency access roads shall be maintained clear and
unimpeded. Note that building permit issuance may be withheld until installations are
completed.
50. Prp.mi<;;p.<;; Tclp.ntificMion: 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 contract with their background.
51. W~tp.r Flow Shortf~l1: Prior to next planning submittal, the applicant shall meet with fire
department water supply officer to discuss intentions or methodology proposed to comply
with Item #2 above regarding water flow shortfall.
52. nr~wing<;; to S~n To<;;p. WMp.r {'omr~ny: A copy of the fire department "approved"
underground fire service drawings shall be provided to the San Jose Water Company for
record purposes, prior to installation. To prevent engineering delays, the underground
contractor shall submit to the fire department three sets of shop drawings designed per
NFP A Std. 24, a completed permit application and applicable fees for review and approval
as soon as possible.
53. {'onclition<;; T .i<;;tp.cl on FlItllTP. Pl::1n<;;: To prevent plan review and inspection delays, the above
noted Developmental Review Conditions shall be restated as "notes" on all pending and
future plan submittals.
PASSED AND ADOPTED this ~ day of June, 2001, by the following roll call vote:
AYES: COUNCILMEMBERS: Furtado, Kennedy, Burr, Watson, Dean
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
APPROVED:
ATTEST:
~~~
Anne Bybee, City Clerk