M E M O R A N D U M Planning Division November 29, · PDF fileThe applicant proposes to plant four new Tristania conferta trees, an evergreen varietal that ... the decision to take

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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


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


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


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


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)


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 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


A1.02

ENCLOSURE PLAN

SCALE:

ENCLOSURE PLAN1/16"=1'-0"

PROJECT NO:

DATE:

174414.03


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"



EXISTING RETAINING WALL ANDGUARDRAIL TO REMAIN

11PROJECT NO:

DATE:

174414.03


Milpitas, CA

11.10.2017

A1.03

ENCLOSURE ELEVATIONS

PROJECT NO:

DATE:

174414.03


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

Documents

M E M O R A N D U M Planning Division November 29, · PDF fileThe applicant proposes to plant four new Tristania conferta trees, an evergreen varietal that ... the decision to take