PC Res 3841
RESOLUTION NO. 3841
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL RECCOMENDING APPROVAL OF A
MODIFICATION (PLN2007-38) TO A PREVIOUSLY APPROVED
PLANNED DEVELOPMENT PERMIT (PLN2005-126) FOR FOUR
INDUSTRIAL CONDOMINIUM BUILDINGS TO ALLOW A TWO-YEAR
EXTENSION OF APPROVAL AND THE CREATION OF TWO
COMMON OWNER'S ASSOCIATIONS FOR PROPERTIES LOCATED
AT 680-750 E. McGLlNCY LANE IN A C-P-D (CONDOMINIUM-
PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF
MR. JAMES CHALMERS. FILE NO.: PLN2007-38.
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 Planning Commission did find as
follows with respect to application PLN2007 -38.
1. The approved 46 commercial/industrial condominium units are consistent with the
current Light Industrial General Plan land use designation for the property.
2. The project is consistent with the redevelopment goals to encourage the
redevelopment of blighted properties with high quality industrial uses.
3. Projects within the C-PD Zoning District are subject to the procedures set forth in the
P-D Zoning District. The proposed project will be consistent with the C-PD Zoning
District with approval of a Modification to the Planned Development Permit.
4. The approved site layout for the four new industrial buildings depicts 223 total parking
spaces, with 209 unistall spaces and 14 accessible spaces. The 223 parking spaces
exceed the minimum required number of parking spaces by five spaces.
5. All parking areas and driveways would be in the common lot area to be shared by the
future tenants/owners in all four buildings.
6. 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).
7. A Negative Declaration was previously prepared and accepted 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 development and modifications will result in a more desirable
environment and use of the land than would be possible under any other zoning
classification.
Planning Commission Resolution No. 3841
PLN2007 -38 - 680-750 E. McGlincy Lane
Proposed Modification to P-D Permit - Extension of Approval
Page 2
2. The development will be compatible with the General Plan of the City and will aid in
the harmonious development of the immediate area.
3. The proposed development will not be detrimental to the health, safety or welfare of
the neighborhood or the City as a whole.
4. There is a reasonable relationship and a rough proportionality between the conditions
of approval and the impacts of the project.
5. There is a reasonable relationship between the use of the fees imposed upon the
project and the type of development project.
6. 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.
THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval
of a Modification (PLN2007 -38) to a previously approved Planned Development Permit
(PLN2005-126) for four industrial condominium buildings to allow a two-year extension of
approval and the creation of two common owner's associations for properties located at
680-750 E. McGlincy Lane in a C-PD (Condominium/Planned Development) 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. Aooroved Proiect: Approval is granted for a Modification (PLN 2007-38) to a Planned
Development Permit (PlN2005-126) to allow four approved commercial/industrial
buildings located at 680-750 E. McGlincy Lane. The project shall substantially
conform to the approved project exhibits, except as may be modified by the
conditions of approval herein.
2. Aooroval Exoiration: The Planned Development Permit approval shall be extended to
February 7,2010. 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).
Planning Commission Resolution No. 3841
PLN2007-38 - 680-750 E. McGlincy Lane
Proposed Modification to P-D Permit - Extension of Approval
Page 3
Failure to complete (1) or (2) above will result in the Planned Development Permit
being void.
3. 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 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 al
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.
4. 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 two common Owner's Association, if needed to accommodate
project phasing.
5. Ooerational 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.
6. All previous conditions of approval of Ordinance 2068 shall be effective excepted as
modified by the above conditions.
PASSED AND ADOPTED this 9th day of October, 2007, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Alderete, Ebner, Gibbons, Rocha and Roseberry
None
Doorley 7/l /} /J IZ_/J
::::OVED: !1 j{j/Uf f~
Michael Rocha, Chair
ATTEST: