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CC Resolution 9570 RESOLUTION NO. 9570 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A MODIFICATION (M 99-06) TO A PREVIOUSLY-APPROVED CONDITIONAL USE PERMIT AND PLANNED DEVELOPMENT PERMIT ON PROPERTIES LOCATED AT 186 GILMAN AVENUE AND 186 DILLON AVENUE IN A PD (PLANNED DEVELOPMENT) ZONING DISTRICT, TO ALLOW THE EXISTING GILMAN BUILDING MACHINE SHOP TO HAVE A SECOND FLOOR (MEZZANINE) OFFICE AND STORAGE, SUBJECT TO A CONDITIONAL PARKING ADJUSTMENT, AND TO ALLOW THE DILLON BUILDING TO BE USED AS A MACHINE SHOP WITH A 16-FOOT TALL EXTERIOR LIQUID NITROGEN TANK. APPLICATION OF JASON VALENTA ON BEHALF OF HAIG PRECISION MANUFACTURING. FILE NO. M 99-06. . 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 finds as follows with respect to application M 99-06: 1. The proposed project is located in a CommercialllndustriallResidential General Plan land use area, within the SOCA (South of Campbell Avenue) Area. 2. The Planning Commission finds that the proposal is consistent with the SOCA requirements in that approval of a second floor in either of the two buildings, as indicated for use on the proposed floor and site plans, will not affect the ability of the SOCA Area to be redeveloped. 3. The proposal is consistent with the requirements of the M-1 (Light Industrial) District, which govern industrial uses under SOCA. 4. The approval of parking based upon employee count, and subject to the covenant required to be placed on the sites as condition of approval, will not have a detrimental impact upon the surrounding uses. 5. The exterior building and landscaping changes proposed to the two sites will enhance the appearance of the industrial area from both the public street and public park (creek trail) and reduce parking conflicts between the residential and industrial sites. 6. The proposed project will be required to comply with all requirements established by the Building Division and the Santa Clara County Fire District to ensure safe construction and maintenance of the facilities. Based upon the foregoing findings of fact, the City Council further finds and concludes that: 1. The proposed project is consistent and compatible with the General Plan and the City's zoning ordinance. City Council Resolution M 99-06 - 186 Gilman Avenue and 186 Dillon Avenue - Haig Precision Manufacturing Page 3 C. Structural drawings and details showing layout, materials and design of all proposed new construction, and existing components of the space which were constructed without benefit of permits and inspections. D. Plans describing restroom locations and floor plans. These plans shall clearly describe how restrooms comply with California Accessibility requirements. E. Plans and details showing all structures not necessarily part of the building itself, but proposed to be added to the structure for the benefit of the proposed use. (i.e. Retaining wall next to creek, Nitrogen tower behind the Dillon building and tank behind the Gilman building, storage sheds, vacuum racks, etc.). These plans shall describe how these structures are constructed and designed to resist lateral load and relate to the safe conduct of business in the proposed space. F. Plans describing any types of manufacturing proposed in the spaces that may require special ventilation, fire protection or noise or vibration attenuation associated with the use. G. The plans shall provide totals of existing floor areas and proposed new floor areas. Designated uses shall also be defined according to Chapter 3, 1997, UBC occupancy descriptions.(CDD) 4. Covenant: Prior to the granting of an occupancy permit for the 186 Dillon Avenue site for use as a machine shop, the applicant shall record covenants, in a form acceptable to the City Attorney, that provides full circulation and parking easements for the 186 Dillon Avenue and 186 Gilman Avenue properties.. The easements shall run with the land and may be extinguished only upon verification by the Community Development director that each building meets the minimum parking requirement and that the removal of the easements will not adversely affect traffic circulation and parking in the area.(CDD) 5. Fire Department Turnaround: Prior to occupancy of the 186 Dillon Avenue site by the machine shop, and approval of permits for the second floor of the 186 Gilman Avenue building, the applicant shall record covenants describing the required firetruck turnaround on each site, and that they be kept free and clear of parking, storage and any other impediments to firetruck use. The turnarounds shall comply with Fire Department Standard Details and Specifications A-I. If said turnaround is not provided on either site, then the applicant shall provide a recorded vehicle access easement which will allow on-site circulation to and from both parcels with complying widths and radiuses outlined in Standard A-I. (FD) 6. Fire flow: Any permit which adds a net square footage of 500 square feet or more above that constructed under previously approved permits, shall cause a new fire flow assessment. Said new fire flow would be 2,250 gallons per minute. (FD) 7. Automatic Fire Sprinkler System Required: Buildings requiring a fire flow in excess of 2,000 gallons per minute, or in excess of two stories or 35 feet in height, shall be equipped throughout with an approved, automated fire sprinkler system, hydraulically designed per National Fire Protection Association (NFP A) Standard #13. At the time of building permit application, the architect shall reflect how the proposed "mezzanines" meet with the definition of a mezzanine per the building code versus "story".(FD,CDD) City Council Resolution M 99-06 - 186 Gilman Avenue and 186 Dillon Avenue - Haig Precision Manufacturing Page 4 8. Hazardous Materials Management Plan: Prior to occupancy or installation of any storage tanks regulated by the Santa Clara County Fire Department, the applicant shall submit a hazardous materials management plan for the proposed nitrogen tank, or other proposed tanks, and relocation of hazardous operations. (FD) 9. Painting of Nitrogen Tank: The Nitrogen tank and its cage shall be colored to blend in with the color of the building next to it. (CDD) 10. Exterior Lighting: Site lighting, including on-building lighting, shall be shielded so as not cause glare on adjacent residential properties. (CDD) 11. Noise Impact Studv and Requirements: A. Prior to the issuance of any building permits, or the moving of any machinery into the 186 Dillon Avenue building, the applicant shall present a report to the City prepared by a licensed acoustical engineer which recommends building and operational conditions that will mitigate any off-site noise generated by the uses on both the Gilman and Dillon sites. The recommended mitigation measures shall be incorporated into the plans submitted for building permits. The study shall be based upon best practices for the mitigation of industrial uses so as to reduce noise and vibration to levels commonly found acceptable in residential areas (e.g. 45 CNEL interior and 60 CNEL exterior). Standards shall include an Ll of 80 dBA for daytime hours (7 a.m. - 10 p.m.) and 70 dBA for nighttime hours (10 p.m. - 7 a.m.). This shall include the use of the site during nighttime hours. Applicant shall be required to retain an acoustical engineering consultant to verify the noise levels if complaints are received, at the request of the Community Development Director. B. The applicant shall install a minimum 7 foot tall sound attenuation barrier along the north property line of the 186 Dillon site to attenuate noise that may impact the adjacent residences, as recommended by the noise consultant (CDD) C. After installation on the 186 Dillon Avenue building, and prior to the use of any of the machinery by the business at that site, the applicant shall present a report by the licensed acoustical engineer to the City indicating that the engineer has tested the machinery on the two sites, and verified that it meet the above requirements. D. Should the City receive complaints about noise or vibration from owners or resident of adjacent properties, the Community Development Director shall verify the complaints relative to the above standards, and require the applicant to remedy the situation in a timely manner. Failure to remedy these could be cause to bring the permit back for review by the Planning Commission. E. The City Councilor the Planning Commission may evaluate the noise standards contained in the above at any time in response to complaints and adjust the acceptable noise levels of this condition as deemed reasonable and applicable.(CDD) 12. Outside storage: No outside storage is permitted unless a plan for each storage area has been submitted to and approved by the City to ensure it does not conflict with parking, circulation, and firetruck turnaround and that said storage is adequately screened from public view from the street, the Creek Trail and the freeway. No storage, even of a temporary nature, is permitted in the public right-of-way. (CDD, FD) City Council Resolution M 99-06 - 186 Gilman Avenue and 186 Dillon Avenue - Haig Precision Manufacturing Page 5 13. Landscaping: Prior to approval of a building permit for either building, the applicant shall submit a landscape and automatic irrigation plan to be reviewed and approved by the Community Development Director and the Santa Clara Valley Water District incorporating the following features: A. Landscaping to screen the site from the Los Gatos Creek Trail and Route 17 freeway. The trees selected to be planted shall have substantial canopies and shall provide rapid screening of the Gilman and Dillon sites. B. Landscaping of the area in front of the 186 Gilman Avenue building. This shall include the removal of the parking spaces in front of the building. (CDD) 14. Landscape Installation Timing: Landscaping improvements shall be completed within 90 days of the date of approval by the City Council (by November 3, 1999), or the permit shall become void. This shall include the submittal of plans, the planting of screening trees and vines, and the installation of automatic irrigation system(s). (CDD) 15. Grading: Prior to any grading, including cut, fill, installation of retaining wall or the like, the applicant shall submit an Engineered Grading and Drainage Plan and obtain a grading and drainage permit from: A. The Santa Clara Valley Water District, including compliance with Ordinance 83-2 and subsequent amendments; and B. The City of Campbell. The plans shall comply with the 1994 edition of the UBC including Chapters 18 and 33 and Appendix 33. The plan shall show typical cross- sections along the Los Gatos Creek. (PW, SCVWD) 16. Storm Drain Area Fee: Prior to the issuance of any grading or building permits for the sites, the applicant shall pay the required Storm Drain Area fee which is $2,500 per acre, if not previously paid. (PW) 17. 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 requiring Storm Water Pollution Prevention.(PW) 18. Driveway Width: Per the Santa Clara County Fire Department and Campbell Zoning Ordinance requirements, all two-way vehicle accessways shall provide a minimum 20 foot width free and clear of all obstructions. This shall include the removal of the machinery in the driveway at 186 Gilman Avenue, and any sheds, buildings storage, vehicles and the like. The accessway shall be an all weather paved surface with a minimum 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%. Accessways shall conform with Fire Department Standard Details and Specifications A-I. (FD, CDD) City Council Resolution M 99-06 - 186 Gilman Avenue and 186 Dillon Avenue - Haig Precision Manufacturing Page 6 19. Parking Covenant: The applicant shall record, or cause to be recorded, a covenant and deed restriction running with the land, in a form acceptable to the City Attorney, obligating existing and future property owners to limit the total number of persons (including owners and management) who may be employed and present at anyone time on the 186 Gilman and 186 Dillon properties combined to a maximum of 55 persons.(CDD) 20. Emp10vee Limit Verification The applicant shall sign an agreement in a form acceptable to the City Attorney which provides for examination by the Community Development Director of all employee time cards or other equivalent employee worktime verification. The purpose of this agreement is to provide verification that no more than 55 persons are working at the same time on site (both 186 Dillon and 186 Gilman combined), and that work hours have been staggered so that at no time is the demand for 55 parking spaces being exceeded. This is in fulfillment of Condition 19.(CDD) 21. Delivery Limits to Reduce Noise and Pollution Impacts on Residences: Deliveries and pickups by trucks are limited to the daylight hours between 8:30 a.m. and 5:30 p.m. Monday through Friday. All trucks are to have their engines turned off once they are stopped (not moving). The applicant shall be responsible for informing all delivery companies and personnel of this requirement, and shall take action immediately to enforce this requirement if a complaint is received. (CDD) 22. Limits on Off-Site Vehicle Impacts A. No forklifts are to be used off site, on public property or neighboring properties for the purposes of loading or unloading vehicles. This shall include the public sidewalk and street. B. Delivery vehicles to 186 Gilman and 186 Dillon shall not load nor unload on public property (including sidewalks and streets) nor otherwise park for any other purposes; all such delivery activity shall be confined within the borders of the 186 Gilman and 186 Dillon properties. C. The entry driveway to the 186 Gilman Avenue property shall be signed to require all deliveries to be made at the rear of the building, and not through the street-side door. This shall include the parking of canteen/food-service vehicles, parcel deliveries (Fed-Ex, UPS), etc. All companies doing business with Haig, and all Haig employees shall be instructed to not park in the driveway by the side of the building, and the area shall be signed to prohibit parking.(CDD) Departments and agencies to be contacted regarding particular conditions are denoted by their initials at the end of each condition. They are: CDD - Community Development Department (Building and Planning of the City of Campbell), FD - Fire Department of Santa Clara County, SCVWD - Santa Clara Valley Water District, PW - Public Works Department of the City of Campbell. City Council Resolution M 99-06 - 186 Gilman Avenue and 186 Dillon Avenue - Haig Precision Manufacturing Page 7 PASSED AND ADOPTED this 3rd call vote: day of August , 1999, by the following roll AYES: NOES: ABSTAINED: ABSENT: COUNCILMEMBERS: Watson, Dougherty, Dean, Kennedy, Furtado COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMEMBERS: NO~~ 1\ APPROVED: U~J~ Daniel E. Furtado, Mayor ATTEST: Anne Bybee, City Clerk ~~