m e m o r a n d u m planning division november 29, · pdf filethe applicant proposes to plant...
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M E M O R A N D U M
Planning Division
Date: November 29, 2017
To: Planning Commission Subcommittee
From: Adrienne Smith, Associate Planner
Subject: Minor Site Development Permit (P-MS17-0195), EQUIPMENT ENCLOSURE
- A request for a Minor Site Development Permit to construct a new 2,735 square
foot equipment enclosure and removal of existing landscaping including 4 non-
protected trees. Scope includes removal of existing 152 square foot area containing
screen wall, equipment and concrete pads to be replaced with grass.
Location: 940 North McCarthy Boulevard (APN: 022-29-035)
Zoning/GP: Industrial Park (MP)/ Industrial Park (INP)
Background:
On September 8, 2017, Rob Wood submitted an application for a Minor Site Development Permit
to construct a 2,735 square foot equipment enclosure with concrete pads, at 940 North McCarthy
Boulevard. The enclosure with house future equipment including condensing units, air compressor
and generator.
The project site is located on a 31.1 acre parcel adjacent to a 52,082 square foot industrial building
which is part of the 68-acre McCarthy Center campus. As demonstrated in Table 1, the property
is surrounded by R&D and light industrial uses to the north, south and west and Interstate 880 to
the east.
Table 1: Zoning and Land Use Summary
General Plan Zone Uses
Subject Site Industrial Park (INP) Industrial Park (MP) Hewlett Packard
North Industrial Park (INP) Industrial Park (MP) Vacant land
South Industrial Park (INP) Industrial Park (MP) Various R&D/manufacturing
uses
East Industrial Park (INP) Industrial Park (MP) Interstate 880
West Industrial Park (INP) Industrial Park (MP) Vacant land
Table 2 demonstrates the project’s consistency with the applicable development standards of the
MP Zone.
P-MS17-0195 EQUIPMENT ENCLOSURE2
Table 2. Industrial Park Development Standards
Minimum Proposed Complies
Front Setback 35’ No change -
Side Yard Setback 10’ No change -
Rear Setback 20’ 76’ Yes
Floor Area Ratio .50 No change -
Building Height None No change -
Parking Office in R&D: 1/300 – 52,082 SF
Total required: 174 spaces
No change -
Project Site
Aerial Photo of Project Site
P-MS17-0195 EQUIPMENT ENCLOSURE3
The McCarthy Center is a two-parcel 68-acre campus comprised of 19 separate buildings from
400-940 North McCarthy Boulevard. The most recent planning activity on the site was a 2015 a
Minor Site Development Permit approved by the Planning Commission Subcommittee for the
deletion of approximately 2,425 square feet of landscaping, sidewalks, and courtyards to create
three new outdoor customer workplaces and amenities across the McCarthy Center campus.
Application
The scope of work includes the installation of a new a new 2,735 square foot equipment enclosure
located at the rear of the existing building. The applicant proposes to remove existing landscaping
primarily made of up grass and four small non-protected trees. The applicant also proposes to
remove an existing 152 square foot area containing a screen wall, equipment and concrete pads to
be replaced with grass.
The proposed enclosure will be constructed of 9 foot concrete wall with a horizontal reveal and
metal enclosure gates. Both the color of the enclosure and the horizontal reveal will match the
existing color and reveals on the main building and an existing enclosure located to the north of
the proposed enclosure. The applicant proposes to plant four new Tristania conferta trees, an
evergreen varietal that requires minimal maintenance, along the north side of the enclosure and a
climbing trumpet vine along the east side of the enclosure.
Project Site
Zoning Map
P-MS17-0195 EQUIPMENT ENCLOSURE4
Zoning Conformance
A Minor Site Development is required pursuant to Milpitas Municipal Code (“MMC") Table XI-
10-57.03-1 (Additions or Alternations requiring Minor Site Development Permits) which
requires Planning Commission Subcommittee review for enclosures exceeding 200 square feet in
size in industrial districts.
Pursuant to MMC Section XI-10-57-03(G), the Planning Commission Subcommittee is required
to make specific Findings before recommending approval of a Minor Site Development Permit.
Finings shall identify the rationale behind the decision to take a certain action. Each required
Finding is analyzed below.
a. The development recognizes and respects the nature of the neighborhood and site,
development patterns, materials used, and the expectations of those who will see and use
the building;
The proposed enclosure and screen wall will seamlessly blend into the existing building
and screen wall by matching the materials and paint of both the existing building and
equipment enclosure. The project achieves a cohesive design and will meet the
expectation of those who will see and use the building.
b. The development assures that modifications satisfy functional requirements, and are
screened with appropriate compatible materials; and
The project will satisfy functional requirements by screening future equipment with
compatible materials and painted to match the existing screen building and equipment
enclosure. The proposed enclosure and screen wall will be located in the rear of the
building, with proposed height to be lower than the existing building height.
c. The development assures that the modifications will not interfere with the privacy, quiet
enjoyment or view of the surrounding properties.
The modifications will not interfere with the privacy, quiet enjoyment or view of the
surrounding properties, because the development is located within the valley floor,
and will be located at the rear of the building not visible from public view. The
project will also not negatively affect any community view sheds, as the height of the
future equipment and enclosure walls will be lower than the existing building height.
This project is categorically exempt from further CEQA review pursuant to Section 15303 (New
Construction or Conversion of Small Structures) of the CEQA Guidelines. Section 15303
consists of construction and location of limited numbers of new, small facilities or structures;
installation of small new equipment and facilities in small structures; and the conversion of
existing small structures from one use to another where only minor modifications are made in the
exterior of the structure.
Recommendation:
STAFF RECOMMENDS THAT the Planning Commission Subcommittee approve P-MS17-0195,
CORESITE SV2 new generator enclosure, subject to the attached conditions of approval.
Attachments:
A. Conditions of Approval
B. Project Plans
P-MS17-0195 EQUIPMENT ENCLOSURE5
Attachment A
CONDITIONS OF APPROVAL:
1. General Compliance. The applicant, including all successors in interest (collectively
“Permittee”) shall comply with each and every condition set forth in this Permit. This Minor
Site Development Permit No. MS17-0195 (“Permit”) shall have no force or effect and no
building permit shall be issued unless and until all things required by the below-enumerated
precedent conditions have been performed or caused to be performed.
2. Effective Date. Unless there is a timely appeal filed in accordance with the Milpitas Zoning
Code, the date of approval of this Permit is the date on which the decision-making body
approved this Permit.
3. Acceptance of Permit. Should Permittee fail to file a timely appeal within twelve (12) calendar
days of the date of approval of this Permit, inaction by Permittee shall be deemed to constitute
each of the following:
i. Acceptance of this Permit by Permittee; and
ii. Agreement by the Permittee to be bound by, comply with, and to do all
things required of or by Permittee pursuant to all of the terms, obligations,
and conditions of this Permit.
4. Permit Expiration. Pursuant to Section XI-10-64-06 of the Milpitas Zoning Code, this Permit
shall become null and void if the activity permitted by this Permit is not commenced within
two (2) years from the date of approval, or for a project submitted with a tentative map, within
the time limits of the approved tentative map. Pursuant to Section XI-10-64.06(B) of the
Milpitas Zoning Code, an activity permitted by this Permit shall be deemed to have
commenced when the project:
i. Completes a foundation associated with the project; or
ii. Dedicates any land or easement as required from the zoning action; or
iii. Complies with all legal requirements necessary to commence the use, or
obtains an occupancy permit, whichever is sooner.
5. Time Extension. Pursuant to Section XI-10-64.07 of the Milpitas Zoning Code, unless
otherwise provided by State law, Permittee shall have the right to request a one-time extension
of the Permit if the request is made in writing to the Planning Division prior to the expiration
date of the approval. (P)
6. Project Job Account. If Permittee’s project job account is at any time delinquent or below the
required deposit amount, City will not continue to review or process the application until
Permittee’s private job account is paid in full and the required deposit has been made.
Additionally, prior to the issuance of any building permit or occupancy permit, as applicable,
Permittee shall pay in full the project account balance and establish a remaining balance of at
least twenty-five percent (25%) of the required initial deposit.
7. Notice. Pursuant to California Government Code Section 66020, any protest filed in court
relating to the imposition of fees, dedication, reservations, or other exactions to be imposed on
P-MS17-0195 EQUIPMENT ENCLOSURE6
the development project shall be filed within ninety (90) days after the date of the approval of
this Permit. This provision serves as notice from the local agency to the Permittee that the
ninety (90) day period in which the applicant may file a protest has begun under California
Government Code Section 66020(d)(1).
8. Cost and Approval. Permittee shall fully complete and satisfy each and every condition set
forth in this Permit and any other condition applicable to the project to the sole satisfaction of
the City. Additionally, Permittee shall be solely responsible and liable for the cost to satisfy
each and every condition. Permittee shall pay all required fees and charges to the City at the
rate in effect at time of building permit issuance, or, the rate in effect when the fees and charges
are due and paid in full to the City. There is no vesting of any fees or charges with the approval
of this Permit.
9. Conditions. Each and every condition set forth in this Exhibit shall apply to the project and
continue to apply to the project so long as the Permittee is operating the project under the
permits and approvals in this Permit.
10. Compliance with Laws. The construction, use, and all related activity authorized under this
Permit shall comply with all applicable local, state, and federal laws, rules, regulations,
guidelines, requirements, and policies. (CA/P)
11. Previous Approvals. Permittee shall abide and continue to comply with all previous City
approvals, permits, or requirements relating to the subject property, unless explicitly
superseded or revised by this Permit.
12. Indemnification. To the fullest extent permitted by law, Permittee shall indemnify, defend
with counsel of the City’s choosing, and hold harmless City, its City Council, its boards and
commissions, officials, officers, employees, and agents from and against any and all claims,
demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines,
penalties, liabilities, costs and expenses (including without limitation, attorney's fees,
disbursements and court costs) of every kind and nature whatsoever which may arise from or
in any manner relate (directly or indirectly) to (i) City's approval of the project, including but
not limited to, the approval of the discretionary permits, maps under the Subdivision Map Act,
and/or the City's related determinations or actions under the California Environmental Quality
Act, and (ii) Permittee’s construction, operation, use, or related activity under this Permit. This
indemnification shall include, but not be limited to, damages awarded against the City, if any,
costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action,
causes of action, suit or proceeding whether incurred by applicant, City, and/or the parties
initiating or bringing such proceeding. Permittee shall indemnify the City for all of City's
costs, attorneys' fees, and damages which City incurs in enforcing the indemnification
provisions set forth in this condition. Permittee shall pay to the City upon demand or, as
applicable, to counsel of City’s choosing, any amount owed pursuant to the indemnification
requirements prescribed in this condition.
13. Written Response to Conditions. The Permittee shall provide a written response to the
Conditions of Approval indicating how each condition has been addressed with the building
permit application submittal. (ALL)
P-MS17-0195 EQUIPMENT ENCLOSURE7
14. Revocation, Suspension, Modification. This Permit may be suspended, revoked, or modified
in accordance with Section XI-10-63.06 of the Milpitas Zoning Code.
15. Severability. If any term, provision, or condition of this Permit is held to be illegal or
unenforceable by the Court, such term, provision, or condition shall be severed and shall be
inoperative, and the remainder of this Permit shall remain operative, binding, and fully
enforceable.
16. Permittee shall develop the approved project in conformance with the approved plans approved
by the Planning Commission Subcommittee on November 29, 2017, in accordance with these
Conditions of Approval.
Any deviation from the approved site plan, elevations, materials, colors, landscape plan, or
other approved submittal shall require that, prior to the issuance of building permits, the
Permittee shall submit modified plans and any other applicable materials as required by the
City for review and obtain the approval of the Planning Director or Designee. If the Planning
Director or designee determines that the deviation is significant, the owner or designee shall
be required to apply for review and obtain approval of the Planning Commission or City
Council, as applicable, in accordance with the Milpitas Zoning Code. (P)
(P) = Planning
(CA) = City Attorney
PROJECT NO:
DATE:
174414.03
3PAR/SGI H.P.E.940 N. McCarthy Boulevard
Milpitas, CA
11.10.2017
A0000
DRAWING INDEX AND ISSUE DATES
COVER SHEETARCHITECTURALA1.01 SITE PLANA1.02 ENCLOSURE PLANA1.03 EXTERIOR ELEVATIONSA1.04 SECTION AND ELEVATIONA1.05 COLOR EXHIBIT PHOTOS
ISSUE DATES AND DESCRIPTIONS
09.05
.2017
PLAN
NING
SUB
MITT
AL
PRELIMINARY OR PRICING PLANSFIRST FORMAL SUBMITTAL OR NO CHANGESSINCE PREVIOUS ISSUEMODIFICATIONS SINCE PREVIOUS ISSUE
VICINITY MAP
PROJECT TEAM
PHONE:CONTACT:EMAIL:
ARCHITECT: ARC TEC INC.99 Almaden Boulevard, Suite 840San Jose, CA 95113
408.496.0676Rob [email protected]
PROJECT DESCRIPTIONTENANT NAME:
PROJECT ADDRESS:
BUILDING AREA:NUMBER OF STORIES:CONSTRUCTION TYPE:FIRE SPRINKLERS:
AREA OF IMPROVEMENT:
OCCUPANCY TYPE:
PROJECT DATA3PAR/ SGI H.P.E.
940 N. McCarthy BoulevardMilpitas, CA
52,0822
III-BYES
SI
2,735 S.F.
WORK INCLUDES THE CONSTRUCTION OF AN 2,686-S.F. EXTERIOR POURED IN PLACECONCRETE WALL SERVICE YARD ENCLOSURE WITH CONCRETE PADS FOR FUTUREEQUIPMENT. SERVICE YARD WILL BE USED FOR MECHANICAL EQUIPMENT INCLUDINGCONDENSING UNITS, AIR COMPRESSOR, AND GENERATOR.
TENANT: HEWLETT PACKARD ENTERPRISE3000 Hanover St.Palo Alto, CA 94304
237
SITE
237
880
AREA OF WORK -SEE SHEET A1.02
940 N. MCCARTHYBLVD.
PROJECT DATA .ASSESSOR'S PARCEL NO.: APN 022-29-035 ZONING ML- LIMITED INDUSTRIAL
A1.01
OVERALL SITE PLAN
SCALE:
SITE PLAN1" = 80'-0"
PARKING ANALYSIS .TOTAL PARKING REQUIRED PER MILIPITAS ZONING ORDINANCE, MUNICIPAL CODE SECTION XI-10-53
PARKING REQUIRED (TABLE 53.09-1) 151,806 S.F./ 300 S.F. = 507 SPACESMilpitas Parking Requirements (hover over bottom of link and press CONTROL + LEFT MOUSE CLICK to go to web page)IN PARKING AREAS AND GARAGES CONTAINING TEN (10) OR MORE STALLS SERVING SPECIFIC USES, UP TO 40% OF THEREQUIRED AND NON-REQUIRED PARKING STALLS MAY BE DESIGNATED AS COMPACT STALLS TO ACCOMMODATECOMPACT CARS
ANY EXISTING OR PROPOSED FACILITY MAY UTILIZE, ON A SUBSTITUTION BASIS, ON-SITE PARKING SPACES FOR BICYCLEOR MOTORCYCLE SPACES. IN NO INSTANCE SHALL CREDIT FOR MOTORCYCLE OR BICYCLE PARKING OR COMBINATIONTHEREOF EXCEED FIVE PERCENT (5%) OF THE TOTAL REQUIRED PARKING SPACES.
PARKING PROVIDEDSTANDARD PARKING PROVIDED 335 SPACESCOMPACT PARKING PROVIDED (40% MAXIMUM OF TOTAL PARKING) 225 SPACESACCESSIBLE PARKING PROVIDED 18 SPACESTOTAL PARKING PROVIDED 578 SPACES
501-1,000
*Two percent of total
*
COMPLIANTMINIMUMREQUIRED
TOTAL PARKINGSPACES
REQUIRED NUMBER OF ACCESSIBLE PARKING STALLS(CBC TABLE 11B-208.2)
YES
PROJECT NO:
DATE:
174414.03
3PAR/SGI H.P.E.940 McCarthy Boulevard
Milpitas, CA
11.10.2017
11BA1.03
SIM11CA1.03
66'-3"
41'-2
"
EXISTING SIDEWALKEXISTING LANDSCAPE
EXISTING DEPRESSED DOCK
STEEL PIPE GUARDRAIL ON LOADINGDOCK RETAINING WALL TO REMAIN.
EXISTINGEQUIPMENTYARD
EXISTING SHIPPING/RECEIVINGINWARD SWINGING SERVICE DOORS
5'-4"8'-0"
8'-0"
4'-0"
CONCRETE WALKWAY CONNECT TOEXISTING WALK 1:20 MAX. SLOPE
REMOVE EXISTING LANDSCAPING ATENCLOSURE LOCATION, MODIFYSPRINKLER LINES AS REQUIRED CAPOFF WHERE ABANDONED
CONCRETE WALL WITH REVEAL
REMOVE EQUIPMENT, SCREENWALLAND CONCRETE PADS, PLANT GRASSTO MATCH EXISTING WHEREDEMOLITION OCCURRED
CONCRETE PAD(S) FOR FUTUREMECHANICAL EQUIPMENT (N.I.C.),UNDER SEPARATE SUBMITTALPACKAGE.
FUTURE BUFFER TANK,COMPRESSOR AND SHAKER TABLECHILLER (N.I.C.)
CONCRETE DRIVE AISLE
GENERATOR
4'-10"
111A1.03
EXISTING 10" DIA TREE TOREMAIN
REMOVE 2"DIA TREES
REMOVE 6"DIA. TREES
PROVIDE (4) TREES THIS AREA;SPECIES TRISTANIA CONFERTA
EXISTING GRASS TO REMAIN
EXISTING GRASS TO REMAIN
EXISTING A.C. TO REMAIN
EXISTING A.C. AND PARKINGSTRIPING TO REMAIN
EXISTING CONCRETE WALKWAYTO REMAIN
ALL THREE SIDES OF ENCLOSURETO BE PLANTED FULL HEIGHTWITH CLIMBING TRUMPET VINE,CAMPSIS RADICANS
EXISTING GRASS TO REMAIN
A1.02
ENCLOSURE PLAN
SCALE:
ENCLOSURE PLAN1/16"=1'-0"
PROJECT NO:
DATE:
174414.03
3PAR/SGI H.P.E.940 McCarthy Boulevard
Milpitas, CA
11.10.2017
SCALE:
GENERATOR ENCLOSURE ELEVATIONS1/8" = 1'-0"
12A1.04
A FRONT ELEVATION
8A1.04
TYP.
9'-0"
B SIDE ELEVATION
CONCRETE WALL WITH HORIZONTAL REVEALMATCHING EXISTING
12A1.04
9'-0"
C SIDE ELEVATION
12A1.04
9'-0"
CONCRETE WALL WITH HORIZONTAL REVEALMATCHING EXISTING
CONCRETE WALL WITH HORIZONTAL REVEALMATCHING EXISTING
EXISTING RETAINING WALL ANDGUARDRAIL TO REMAIN
11PROJECT NO:
DATE:
174414.03
3PAR/SGI H.P.E.940 McCarthy Boulevard
Milpitas, CA
11.10.2017
A1.03
ENCLOSURE ELEVATIONS
PROJECT NO:
DATE:
174414.03
3PAR/SGI H.P.E.940 McCarthy Boulevard
Milpitas, CA
11.10.2017
A1.05
COLOR EXHIBIT PHOTOS
TYPICAL SITE ENCLOSURE GATES - PROPOSED SERVICE YARD GATES TOMATCH IN DESIGN AND FINISH, PLANTED FULL HEIGHT WITH TRUMPET VINE,CAMPSIS RADICANS.
TYPICAL SITE ENCLOSURE - PROPOSED REVEAL YARD WALLS TO MATCHEXISTING REVEAL AT BUILDING
SERVICE YARD WALLS TO BE PAINTED TO MATCH EXISTING
TYPICAL NEW TREE, TRISTANIA CONFERTA TO MATCH EXISTING