CC Ordinance 1901ORDINANCE NO 1901
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL APPROVING A MODIFICATION TO A PREVIOUSLY
APPROVED PLANNED DEVELOPMENT PERMIT FOR PROPERTY
LOCATED AT 480 HAMILTON AVENUE IN A PD PLANNED
DEVELOPMENT ZONING DISTRICT APPLICATION OF HOME DEPOT
U S A FILE NO M 94 03
After due consideration of all evidence presented the City Council of the City
of Campbell does find as follows
1 The Planning Commission held a public hearing for consideration of the
General Plan Amendment on April 12 1994
2 The conditions of approval will ensure that the increase in the hours of
operation of the lumber receiving area does not adversely impact the
adjoining residential properties
3 Designated areas for off loading and outdoor storage of merchandise will
reduce the visual impact of the receiving area as viewed from the street
4 Outdoor displays of merchandise are limited to a confined area will not
impede pedestrian movement and are appropriate for a commercial
business
5 The proposed special events are minor and will not adversely impact the
site or the adjoining residential area
Based upon the foregoing findings of fact the City Council concludes that
1 The proposed modification is consistent with the Planned Development
for the site
2 The proposed modifications will not be detrimental to the health safety
or welfare of the neighborhood or the City as a whole
City Council Ordinance No
Pa e 2
1901
The City Council of the City of Campbell does ordain as follows
SECTION ONE That the City of Campbell has hereby modified the
previously approved Planned Development Permit on property located at 480
Hamilton Avenue subject to the Conditions of Approval contained in
Attachment A attached hereto
SECTION TWO This Ordinance shall become effective thirty 30 days
following its passage and adoption and shall be published once within fifteen
15 days upon passage and adoption in the Campbell Express a newspaper of
general circulation in the City of Campbell County of Santa Clara
PASSED AND ADOPTED this 17th day of
the following roll call vote
May 1994 by
AYES Councilmembers Conant Ashworth Burr Dougherty Watson
NOES Councilmembers None
ABSENT Councilmembers
ATTEST L
Ann Bybee City Clerk
Attachment A
Conditions of Approval M 9403
Home Depot U S A Inc
480 Hamilton Avenue
The applicant is hereby notified as part of this application that he she is
required to meet the following conditions in accordance with the Ordinances
of the City of Campbell and the State of Campbell of California 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
1 Approved Project
Approval is granted for the establishment of a truck turnaround and off
loading area at 480 Hamilton Ave Development shall substantially
comply with the project drawings Exhibit A prepared by Beals
Landscape Architecture dated March 15 1994
2 Conditions of Approval Ordinance 1841
The conditions of approval contained herein modify the conditions of
approval contained in Ordinance 1841 Approval of PD 91 01 In case of
conflict the conditions of approval contained herein supersede the
conditions of approval contained in Ordinance 1841 all other conditions
of Ordinance 1841 remain in effect
3 Lumber Receiving Area Hours
A Utilization of the lumber receiving area for the off loading of trucks
and forklift operations shall be limited to the hours shown below
The receiving doors shall remain closed and no activity is permitted
in this area beyond of the permitted hours of operation
1 Monday through Friday 8 a m to 6 p m
2 Saturday 9 a m to 3 p m
B Truck traffic and the operation of forklifts along the western
property line shall be limited to 9 a m to 5 p m Monday through
Friday The gate at the northwestern corner of the building may be
open only during these hours The gate shall be closed at all other
times
C Trucks are prohibited from accessing the lumber receiving area via
the western property line
D A gate or traffic control device shall be placed at the southwestern
corner of the building adjacent to the lumber receiving doors to
limit access along the western property line
1 The design of the gate or traffic control device shall be
approved by the Community Development Department in
consultation with the Central Fire District
2 The gate may be open from 9 a m to 5 p m Monday through
Conditions of Approval M 9404
Page 2
Friday The gate or traffic control device prohibited access at all
other times
E The lumber receiving doors shall be equipped to monitor when the
door is opened and closed A printout depicting the times the door
is opened and closed shall be available upon request from the City
of Campbell Staff Home Depot shall retain daily printouts for a
minimum of 30 days
F A sign stating the permitted hours of operation shall be placed at
the lumber receiving door
4 Forklifts
A Only electric forklifts may be utilized at the site The warning
beeper which is activated when the forklift is in reverse shall be
turned off when forklifts are outside the store or operated in a
manner that does not activate the beepers
B A sign reminding forklift operators to turn off the beepers when
outside the store shall be placed at the lumber receiving doors and
the customer service door in the front of the store
5 Notification Regarding Trucks on N Harrison Avenue
A Home Depot shall place a sign in their receiving area warning
drivers not to use N Harrison Avenue
B Home Depot shall place a sign at the southern Salmar exit directing
drivers to Highway 17 and warning drivers that no trucks are
permitted on N Harrison Avenue Wording for the sign shall be
approved by the Community Development Director
6 Outside Storage Main Receiving Area
A Merchandise off loaded in the main receiving area shall be placed
in the warehouse the designated off loading area against the
southern property line or against the building wall as shown in
Exhibit B Nursery merchandise may be unloaded in front of the
Garden Center provided the merchandise is immediately brought
into the Garden Center The off loading of merchandise into any
other area is prohibited
B Merchandise that cannot be brought into the warehouse at the end
of the day may be stored outside in the areas approved for outdoor
storage as referenced in Exhibit B
C The storage of pallets in the parking area is prohibited A
designated area for pallets shall be provided Storage shall be
limited to twelve feet in height A site plan depicting the storage
area shall be submitted to the Community Development
Department and approved by Community Development Director in
Conditions of Approval M 9404
Page 3
consultation with the Central Fire District
D Storage of combustible materials such as shingles wood cardboard etc
shall be a minimum of 25 from any doorway
7 Outside Storage Lumber Receiving Area
A Lumber supplies and building materials may be stored against the
building wall or the wall along the southern property line as shown
in Exhibit B Merchandise that cannot be brought inside by 6 p m
may be stored outside
B A minimum 20 foot fire department vehicle access shall be
maintained at all times Roadway and designated storage areas shall
be striped on the roadway surface to mark off these areas A site
depicting the designated storage areas shall be submitted to the
Community Development Department and approved by
Community Development Director in consultation with the
Central Fire District
C Pallets may not be stored within 25 of any doorway
D Truck and forklift activity in this area is limited to the hours stated
in section 3A of these conditions
E Storage of combustible materials such as shingles wood cardboard
etc shall be a minimum of 25 from any doorway
8 Special Events
A The following types of special events are permitted subject to the
following conditions
1 Road Shows which are defined as vendors instructing
employees on the use of merchandise no customers or retail
sales are permitted
2 How to Shows which are defined as the presentation to
customers on the use of a product
B Road Shows shall be subject to the following conditions
1 The event shall take place inside the store or in the Salmar
Parking Area Road shows conducted inside the store do not
require approval of the Community Development Director
2 Events in the Salmar parking area shall be approved by the
Community Development Director and are limited to 8 a m to
7 p m Monday through Friday
3 Any booths or tents associated with the event shall be taken
down no later than 24 hours after the end of the event
4 Microphones or other similar devices are prohibited
5 A maximum of 6 road shows per year are permitted
Conditions of Approval M 9404
Page 4
C How to Shows conducted outside the store shall be subject to the
following
1 Presentations shall be conducted under the arcade in the front
of the store or in the Salmar parking area How to Shows
conducted inside the store or under the arcade in the front of
the store do not require approval of the Community
Development Director
2 Presentations in the Salmar parking area are limited to 8 a m
to 7 p m Monday through Friday Presentations in this area
shall be approved by the Community Development Director
and are limited to four days per month
3 Presentations in the front of the store under the arcade are
limited to 10 a m to 6 p m
4 Microphones or other similar devices are prohibited
D For How to Shows or Road Shows in the Salmar parking area
the information described below shall be submitted to the
Community Development Department for approval a minimum of
ten days prior to the event
Site Plan depicting the location of the event
Written statement describing the event date hours and type
of displays
Other such information as requested by the Community
Development Director Chief Building Official or Central Fire
District
E Obtain any necessary permits from the Building Department and
Central Fire District
9 Outdoor Displays
A The outdoor display of merchandise is permitted in following
locations
1 Under the arcade in the front of the store from the customer
roll up door east as shown in Exhibit B
2 Against the Garden Center Wall in front of the store as shown
in Exhibit B
B Merchandise may not displayed in parking area or the customer
service loading zone
C The use of forklifts to set up or remove displays is limited to hours
the store is open to the public
D A five foot wide pedestrian access must be provided at all times
This walkway must provide for pedestrian access to doors and
walkways
Conditions ofApproval M 9404
Pa e 5
10 Food Vendor
A Shall be located adjacent to the front entrance to the store The exact
location and type of cart shall be approved by the Community
Development Director
B Hours of operation shall be limited to 6 a m to 9 p m
C Home Depot shall be responsible for clean up associated with the
cart
D Obtain all necessary permits from the Building Department Central
Fire District and County Health Department
E A maximum of two vendors shall be permitted
11 Demolition Permit
Obtain a demolition permit from the Building Department for the
removal of the storage shed on the Campbell Union School District
Corporation Yard
12 Propane Tank
The relocation of the propane tank shall be in accordance with Central
Fire District standards and shall minimum of 20 from the PG E
transformer The a revised site plan depicting the location of the propane
tank shall be submitted to the Community Development Department for
approval by the Community Development Department Building
Department and the Central Fire District
13 Agreement for use of Campbell Union School District Corporation Yard
A copy of the executed agreement between Home Depot and the
Campbell School District for use of the property at the Campbell Union
School District Corporation Yard as depicted on the project drawings
prepared by Beals Landscape Architecture dated March 15 1994 shall be
submitted to the Community Development Department