PC Res 4729RESOLUTION NO. 4729
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF
AN APPLICANT-INITIATED MAJOR MODIFICATION TO A
PREVIOUSLY APPROVED PLANNED DEVELOPMENT
PERMIT (PD 91-01), MODIFYING THE OPERATIONAL
CHARACTERISTICS OF AN EXISTING HARDWARE STORE
WITH A GARDEN CENTER ON PROPERTY LOCATED AT 480
E. HAMILTON AVENUE. FILE NO.: PLN-2023-52
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 the approval of a Major Modification to a Planned Development
Permit:
1. The project site is zoned P-D (Planned Development) on the City of Campbell Zoning
Map.
2. The project site is designated General Commercial on the City of Campbell General
Plan Land Use diagram.
3. The project site consists of two parcels: (1) an approximately 10-acre lot owned by
the Campbell Union School District and (2) a 2-acre lot owned by Home Depot USA
Incorporated.
4. The project site is developed with an existing 102,332 square-foot Hardware Store
with a 18,705 square-foot Garden Center, dba 'Home Depot’, along with a parking lot
and outdoor food cart use.
5. The project site has six previously approved entitlements associated with the
aforementioned improvements:
• Planned Development Permit (PD 91-01). City Council Ordinance No. 1841.
Approved November 25, 1991.
• Planned Development Permit Modification (M94-03). City Council Ordinance
No. 1901. Approved May 17, 1994.
• Planned Development Permit Modification (PLN2001-109). City Council
Ordinance No. 2015. Approved December 10, 2001.
• Conditional Use Permit (PLN-2007-86). Planning Commission Resolution No.
3843. Approved October 9, 2007.
• Administrative Planned Development Permit (PLN2009-162). Planning
Commission Resolution No. 3978. Approved October 9, 2007.
• Administrative Planned Development Permit PLN-2021-220. CDD Action.
Approved January 31, 2022.
6. The proposed project consists of a Major Planned Development Permit Modification
(PLN-2023-52) to modify the operational characteristics of the existing Hardware
Store and Garden Center, including legalizing existing unpermitted outdoor
merchandise storage and adding additional outdoor merchandise storage areas.
Planning Commission Resolution No. 4729 Page 2 of 4
PLN-2023-52 ~ 480 E. Hamilton Avenue – Major Modification (P-D Permit)
7. The Major Planned Development Permit Modification application was deemed
complete on May 24, 2023. The project is therefore subject to prior General Plan
policies and Zoning District designations in effect at the time, pursuant to CMC
Section 21.01.050.E, which have since been replaced with the current adopted
Zoning Code and General Plan.
8. Pursuant to the Zoning Code applicable to the proposed project, the outdoor storage
of merchandise or products in the General Commercial Zoning District is prohibited,
"unless otherwise approved" by a discretionary entitlement. Therefore, outdoor
storage of merchandise and products requested by the proposed project can be
permitted with approval of the Major Planned Development Permit Modification
application.
9. The City has issued a code violation to the business operator related to afterhours
noise and outdoor storage in unpermitted areas (CE-2022-184).
10. The applicant entered into a compliance agreement with the City that required
submittal of this application to modify operations and address the outstanding
violations.
11. An acoustic study was performed by a qualified professional under direct supervision
of the City that determined that there are limited instances noise from deliveries is
produced along the western property line and that noise can be further reduced by
requiring delivery vehicles to drive slowly, be turned off while parked, and operate
within specific hours.
12. The proposed outdoor storage would comply with the screening provisions of CMC
Section 21.18.120.C (Outdoor storage and work yards) by being screened from view
by a solid sight obstructing six-foot-high wall, landscaping, and adjacent public
storage buildings.
13. In consideration the limited scale of the proposed project, the evidence and analysis
in the administrative record, and the effectiveness of the conditions of approval in
mitigating noise, lighting, and other environmental impacts, the proposed project can
be reasonably determined to represent a negligible expansion of the existing
Hardware Store use.
14. The Proposed Project would be consistent with the following General Plan policies and
strategies:
• Policy LUT-5.3: Variety of Commercial and Office Uses: Maintain a variety of
attractive and convenient commercial and office uses that provide needed
goods, services and entertainment.
• Strategy LUT-5.3c: Revitalization of Shopping Centers: Encourage the
maintenance and revitalization of commercial shopping centers.
• Strategy LUT-5.3d: Commercial Centers: Review the design, use and
upgrading of commercial centers via the discretionary permit process, and
ensure that conditions of approval are adopted that require businesses to be
well kept and operated in a way that limit impacts to adjacent uses.
• Strategy LUT-13.1c: Fiscal Effects of Land Use: Evaluate the fiscal effects of
different land uses on City revenues and services.
Planning Commission Resolution No. 4729 Page 3 of 4
PLN-2023-52 ~ 480 E. Hamilton Avenue – Major Modification (P-D Permit)
15. The recommended conditions of approval would supersede the conditions of
approval contained in the prior land use entitlements.
16. The Planning Commission's review of the project included traffic safety, traffic
congestion, site circulation, traffic congestion, traffic safety, landscaping, and
structure and site layout adequacy of landscaping, and the appropriateness of
proposed structures and site layout, pursuant to Campbell pursuant to CMC Section.
21.12.030 (P-D Zoning District).
17. The Planning Commission's review of the project further encompassed zoning and
General Plan land use conformance, noise impacts, parking, property maintenance,
odors, security and enforcement, and neighborhood impacts.
18. There is a reasonable relationship and a rough proportionality between the
Conditions of Approval and the impacts of the project.
19. No substantial evidence has been presented which shows that the project, as
currently presented and subject to the required conditions of approval, will have a
significant adverse impact on the environment.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
Major Planned Development Permit Findings (CMC Section 21.42.020):
1. The proposed development of uses clearly would result in a more desirable
environment and use of land than would be possible under any other zoning district
classification;
2. The proposed development would be compatible with the General Plan and will aid in
the harmonious development of the immediate area;
3. The proposed development will not result in allowing more residential units than would
be allowed by other residential zoning districts which are consistent with the General
Plan designation of the property; and
4. The proposed development would not be detrimental to the health, safety or welfare
of the neighborhood or of the city as a whole.
Environmental Finding(s) (CMC Section 21.38/050):
1. This project is Categorically Exempt per Section 15301, Class 1 of the California
Environmental Quality Act (CEQA), pertaining to existing facilities; and
2. No substantial evidence has been presented which 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 an applicant-initiated Major Modification to an existing Planned Development Permit
(PD 91-01) to modify the operational characteristics of the existing Hardware Store and
Garden Center, including legalizing existing unpermitted outdoor merchandise storage
and adding additional outdoor merchandise storage areas on property located at 480 E.
Hamilton Avenue, subject to the attached Conditions of Approval (attached Exhibit A)
and modified Project Plans (attached Exhibit B).
Planning Commission Resolution No. 4729 Page 4 of 4
PLN-2023-52 ~ 480 E. Hamilton Avenue – Major Modification (P-D Permit)
PASSED AND ADOPTED this 28th day of January 2025, by the following roll call vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
APPROVED:
Matt Kamkar, Chair
ATTEST:
Rob Eastwood, Secretary
Matt Kamkar (Feb 7, 2025 10:33 PST)
EXHIBIT A
Conditions of Approval Page 1 of 10
PLN-2023-52 ~ 480 E. Hamilton Avenue – Major Modification (P-D Permit)
CONDITIONS OF APPROVAL
Major Planned Development Permit Modification
(PLN-2023-52)
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.
PLANNING DEPARTMENT:
1. Approved Project: Approval is granted for a Major Planned Development Permit
Modification ("Approval") to adjust the operational characteristics of an established
102,332 square-foot Hardware Store with a 18,705 square-foot Garden Center, dba
'The Home Depot,' including limited allowance of outdoor storage of merchandise and
product, on property located at 480 E. Hamilton Avenue, as more specifically
described and limited by the Conditions of Approval provided herein. The configuration
of the established Hardware Store and Garden Center shall continue to substantially
conform to the Approved Project Plans prepared by Greenburg Farrow Architects as
received by the Community Development Department on May 13, 1991, as originally
approved by City Council Ordinance No. 1841, except as revised by the modified
Project Plans incorporated herein as Exhibit B, and where additionally modified by
the Conditions of Approval provided herein.
This Approval recognizes the following authorized land uses, as defined by CMC Section
21.72.020 in effect at the time of this Approval, and as limited by the Condition of
Approval. Activity inconsistent with these land use definitions is prohibited.
• "Hardware Store (greater than ten thousand square feet)";
• "Garden Center/plant nursery";
• "Outdoor storage of merchandise or products", as approved and limited by
Condition of Approval No. 11 (Storage);
• "Outdoor retail sale and activities" limited to a food service cart with
incidental "outdoor seating," as approved and limited by Condition of
Approval No. 21 (Food Cart Use); and
• "Late night activities", as approved and limited by Condition of Approval No.
9 (Hours of Operation).
2. Approval Establishment: This Approval shall be deemed "established" pursuant to
CMC Section 21.56.030.B.2 following the effective date of the approving ordinance
and upon execution of the form required by Condition of Approval No. 3 (Acceptance
of Conditions of Approval). Once established, this Approval shall be valid in perpetuity
on the property subject to continued operation of the Hardware Store and Garden
Center, except upon revocation pursuant to Condition of Approval No. 31 (Modification
EXHIBIT A
Conditions of Approval Page 2 of 10
PLN-2023-52 ~ 480 E. Hamilton Avenue – Major Modification (P-D Permit)
and Revocation of Permit). Discontinuation or abandonment Hardware Store and
Garden Center for a continuous period of twelve months shall void the Approval upon
an affirmative determination by the Planning Commission in a public hearing that the
use has been discontinued or abandoned.
3. Acceptance of Conditions of Approval: No later than ten (10) business days after the
effective date of the approving ordinance, the business operator shall provide written
acceptance of these Conditions of Approval, on a form to be provided by the
Community Development Director, agreeing to be bound by, to comply with, and to do
all things required by this Approval. Failure to meet this deadline will result in the
Approval being rendered void without any further action by the City.
4. Previous Conditions of Approval: Upon the establishment of this Approval pursuant to
Condition of Approval No. 2 (Approval Establishment), the previously approved
Conditions of Approval provided in the following prior approvals shall be void and shall
permanently be superseded in their entirety by the Conditions of Approval specified
herein.
• Planned Development Permit PD91-01 (Ordinance No. 1841)
• Planned Development Permit Modification M94-03 (Ordinance No. 1901)
• Planned Development Permit Modification PLN2001-109 (Ordinance No.
2015)
• Conditional Use Permit PLN-2007-86 (PC Resolution No. 3843)
• Administrative Planned Development Permit PLN2009-162 (PC Resolution
No. 3978)
• Administrative Planned Development Permit PLN-2021-220 (CDD Action)
5. Modification of Approval: Pursuant to CMC Section 21.56.060.E (Legacy Permits), the
modified Planned Development Permit approved herein may not be further amended,
except upon a City-initiated modification pursuant to CMC Chapter 21.28
(Revocations and Modifications).
6. Mandatory Review: The Planning Commission shall hold a public hearing 6 months
and a public hearing 12 months from the effective date of the approving ordinance to
evaluate the operation of the approved land uses. The Community Development
Director shall report on the business operator's compliance with the Conditions of
Approval contained herein, any known violations of local ordinances or State laws, the
Police Department's calls-for-service history for the business, and any reported public
complaints. At such time, as based on the Community Development Director's report,
public testimony, and any additional evidence presented, the Planning Commission
determines that Conditions of Approval have been violated or the circumstances under
which this approval was granted have been changed to a degree that one or more of
the findings can no longer be made in a positive manner, the Planning Commission
may recommend to the City Council that the Modified Planned Development Permit
be revoked or modified pursuant to Condition of Approval No. 31 (Modification or
Revocation of Permit). Upon such a recommendation, the City Council shall schedule
a public hearing in accordance with CMC Chapter 21.28 (Revocations and
EXHIBIT A
Conditions of Approval Page 3 of 10
PLN-2023-52 ~ 480 E. Hamilton Avenue – Major Modification (P-D Permit)
Modifications) to consider the Planning Commission’s recommendation. At the time
the form required by Condition of Approval No. 3 (Acceptance of Conditions of
Approval) is executed, the business operator shall provide to the City a $10,000 flat
fee to cover staff time cost to conduct these reviews.
7. Compliance: Where the Conditions of Approval require a physical improvement, such
as asphalt striping or gate or signage installation, the business operator shall complete
physical improvements within sixty (60) days of effective date of the approving
ordinance. At that time, the business operator shall provide to the Community
Development Director a written list of all improvements performed with photographic
documentation to demonstrate compliance with the Conditions of Approval provided
herein.
8. Compliance Agreement: This application is subject to a Compliance Agreement,
signed and dated November 10, 2022, and included as Attachment C to the January
28, 2025, Planning Commission Staff Report, which serves to establish a temporary
stay of enforcement of penalties and fines associated with Code Enforcement Case
CE-2022-184. Failure to satisfy requirements of the Conditions of Approval shall
constitute a violation of the terms of the Compliance Agreement and may result in
penalties in accordance with CMC Section 21.70.040 (Penalties).
9. Hours of Operation: The hours of operations of the approved uses shall be as follows:
a. Business Hours: Business hours are the hours the Hardware Store and Garden
Center are open to the public. The business hours of operation shall be restricted
as follows:
• 6:00 AM to 9:00 PM, Monday through Saturday
• 7:00 AM to 8:00 PM, Sundays
b. Indoor Store Staff Hours: Indoor staff hours are the hours store employees are
allowed to operate indoors within the Hardware Store overnight outside of
“Business Hours.” At no time shall employees be within the Garden Center during
these hours. Indoor staff hours shall be restricted as follows:
• 9:00 PM to 6:00 AM, Monday through Saturday
• 8:00 PM to 6:00 AM, Sundays
c. Outdoor Staff Hours: At no time shall employees be outside the Hardware Store
and Garden Center during the hours of 11:00 PM to 6:00 AM except for arriving
prior to start of a work shift, during a scheduled meal break to leave the site for
food, and immediately leaving the property at the end of a work shift. The use of
mechanical equipment including, but not limited to, forklifts, pallet jacks, refuse
compactors, hand trucks, and cardboard bailers outside of the fully enclosed and
secure building is prohibited during these hours. During these hours, employee
activity outside the main building for periods greater than 5 minutes, less than one
hour apart, and not described in this condition shall constitute a violation of the
Conditions of Approval.
d. Late Night Activity Employee Parking Hours: All employees who are scheduled to
work between the hours of 11:00 PM and 6:00 AM shall enter onto the site using
EXHIBIT A
Conditions of Approval Page 4 of 10
PLN-2023-52 ~ 480 E. Hamilton Avenue – Major Modification (P-D Permit)
the Salmar Avenue driveway closest to Hamilton Avenue and park their vehicles
in the Nighttime Employee Parking area as shown on Sheet 2 of Exhibit B. At no
time shall late night employees park adjacent to residential uses surrounding the
store.
e. Delivery Hours: Delivery hours are the hours the store is allowed to receive outdoor
deliveries. Delivery hours shall be restricted to 8:00 AM through 6:00 PM Monday
through Friday, and 9:00 AM through 3:00 PM Saturday. During nationally
recognized holiday and spring season sales, delivery shall be allowed on Sundays
from 9:00 AM through 3:00 PM, subject to a maximum of ten (10) Sundays per
calendar year. All receiving doors shall remain closed outside of these hours.
f. Delivery Gate Hours: All delivery gates on the site shall only be open during
“Delivery Hours” listed in Condition of Approval No. 9.e.
g. Roll Up Door Hours: The roll up door on the southern side of the building shall only
be open during “Delivery Hours” listed in Condition of Approval No. 9.e.
h. Parking Lot Gate Hours: Parking lot gates on the northeast and northwest corners
of the building shall be open only during “Business Hours” listed in Condition of
Approval No. 9.a.
i. Parking Lot Cleanup Hours: Parking lot cleaning shall occur only between the
hours of 9:00 AM through 11:00 PM daily.
j. Site Maintenance Hours: Site maintenance, inclusive of all activities identified by
CMC Section 21.16.110 (Site maintenance), along the western property line shall
only occur during the hours of 9:00 AM through 6:00 PM Monday through Friday
only.
10. Deliveries: Deliveries shall be restricted as follows:
a. Location: Deliveries may only be received in the Loading Area as shown on Sheet
2 of Exhibit B. At no time shall deliveries be received at any other location. Nursery
merchandise may be unloaded in front of the Garden Center, provided the
merchandise is immediately brought into the Garden Center.
b. Access and Exit: Delivery vehicles may only access and exit the site from Salmar
Avenue using the Truck Access Route as shown on Sheet 6 of Exhibit B. At no
time shall delivery vehicles access or exit the site from N. Harrison Avenue or any
other location. The business operator shall place a sign at the southwestern gate,
northwestern gate, and at the southern Salmar exit/entrance warning delivery
drivers not to use N. Harrison Avenue to access or exit the site.
c. Vehicle Use of Western Side of Property: The western side of the property abutting
the western side of the Hardware Store building may only be used for exit from
south to north of delivery vehicles, and for emergency vehicle access. At no time
shall delivery vehicles drive north to south along the western property line. The
business operator shall place a sign at the southwestern gate and northwestern
gate stating that the western side of the property along the existing building may
only be used for delivery vehicle exit and emergency vehicle access.
EXHIBIT A
Conditions of Approval Page 5 of 10
PLN-2023-52 ~ 480 E. Hamilton Avenue – Major Modification (P-D Permit)
d. Idling: Trucks shall be turned off while unloading in the Loading Area. At no time
shall delivery trucks be allowed to idle while unloading in the Loading Area. The
business operator shall place a sign at the southeast and southwest corner of the
building stating that trucks must be turned off when unloading.
e. Speed Limit: Trucks shall maintain a speed limit of 15 mph when accessing and
exiting the site. The business operator shall place speed limit signs at both Salmar
Avenue driveways, at the southeast corner of the building, and at the southwest
corner of the building. Pursuant to Condition of Approval No. 31 (Modification or
Revocation of Permit), the Community Development Director may require
installation of speed humps to enforce this requirement upon receipt of verified
complaints.
11. Storage: Outdoor storage of product and merchandise shall be restricted as follows:
a. Location: Outdoor storage of product and merchandise shall be restricted to the
Existing Garden Center Storage, Proposed Storage, and Proposed Lumber &
Building Storage areas as shown on Sheet 2 of Exhibit B, identified as “Outdoor
Storage Areas”.
b. Building Permit: The business operator shall apply for a building permit for storage
in the Outdoor Storage Areas greater than 5’9” in height.
c. Striping: Outdoor Storage Areas shall be delineated with asphalt striping.
d. Merchandise: Merchandise off-loaded in the Loading Area shall be placed in the
warehouse or in the Outdoor Storage Areas. Merchandise shall not be placed
along property lines or in any other locations. Storing pallets in the parking area is
prohibited.
e. Lumber Supplies and Building Materials: Lumber supplies and building materials
shall be placed in the warehouse or in the Outdoor Storage Areas. Lumber
supplies and building materials shall not be placed along property lines or in any
other locations.
f. Storage Height: Storage in the Outdoor Storage Areas shall be limited to twelve
feet in height.
g. Fire Lane: At no time shall any items be placed within the designated 20-foot fire
lane). The fire lane shall remain clear at all times and be marked in compliance
with Santa Clara County Fire District Standard and Specifications No. A-6 (Fire
Lane Marking).
h. Western Side of Property: No storage of any kind is permitted in any location along
the western side of the property at any time.
12. Salmar Avenue Storage: Pursuant to CMC Section 21.18.120.C (Outdoor storage and
work yards) and Section 21.36.160 (Outdoor storage), the Proposed Storage area
along the south of the eastern parking lot adjacent to Salmar Avenue as shown on
Exhibit B must be screened from view by a solid sight obstructing wall or fence with
gates not less than six feet in height that are architecturally compatible with other on-
site development. Screening must be placed along the edge of the Proposed Storage
area and cannot obstruct the adjacent drive-aisle. No later than sixty (60) days after
EXHIBIT A
Conditions of Approval Page 6 of 10
PLN-2023-52 ~ 480 E. Hamilton Avenue – Major Modification (P-D Permit)
the effective date of the approving ordinance, the business operator shall apply for a
Zoning Clearance (and building permit, if applicable), providing a site plan and
elevation drawings showing compliant screening in this location to the satisfaction of
the Community Development Director. Upon approval of the Zoning Clearance, the
screening shall be installed within thirty (30) days. If compliant screening is not
feasible or the Community Development Director cannot otherwise approve a Zoning
Clearance, this outdoor storage location must be removed no later than sixty (60) days
after the effective date of the approving ordinance or the Community Development
Director’s denial of a Zoning Clearance, whichever occurs later.
13. Outdoor Merchandise Display: The outdoor display of merchandise is permitted only
in the Existing Merchandise Display area as shown on Sheet 2 in Exhibit B.
Merchandise may not be displayed in any other location, including in the parking area
or the customer service loading zone. The use of forklifts to set-up or remove displays
in the Existing Merchandise Display area is limited to “Business Hours” as listed in
Condition of Approval No. 9.a.
14. Outdoor Merchandise Sales: With the exception of merchandise sold by the Food Cart
Use allowed under Condition of Approval No. 21, no merchandise shall be sold outside
the building, including the Garden Center.
15. Gates: Delivery gates shall be provided and maintained as follows:
a. A delivery gate or traffic control device shall be placed and maintained at the
southwestern corner of the building adjacent to the roll up receiving doors. Gate
must include a sign stating hours of operation as listed in Condition of Approval
No. 9.f (Delivery Gate Hours).
b. A delivery gate or traffic control device shall be placed and maintained at the
northwestern corner of the building. Gate must include a sign stating hours of
operation as listed in Condition of Approval No. 9.f (Delivery Gate Hours) and that
no entrance is allowed from the north.
c. A delivery gate or traffic control device shall be placed and maintained south of the
Loading Area. Gate must include a sign stating hours of operation as listed in
Condition of Approval No. 9.e (Delivery Hours).
d. A parking gate or traffic control device shall be placed and maintained at the
northeast corner of the Hardware Store building and north of the Garden Center.
Gate must include a sign stating hours of operation as listed in Condition of
Approval No. 9.h (Parking Lot Gate Hours) and that no entrance is allowed from
the north.
e. The design of the gates or traffic control devices shall be approved by the
Community Development Director in consultation with the County Fire District.
f. All delivery and parking lot gates shall be open only during gate operation hours
listed in Condition of Approval No. 9 (Hours of Operation).
16. Roll-up Doors: In accordance with the Santa Clara County Fire Department
requirements for emergency access, the roll-up door at the southern side of the
building shall be retrofitted to be controlled by an electronic timer system to open no
earlier than beginning of “Delivery Hours” as listed in Condition of Approval No. 9.e. A
EXHIBIT A
Conditions of Approval Page 7 of 10
PLN-2023-52 ~ 480 E. Hamilton Avenue – Major Modification (P-D Permit)
sign stating the permitted hours of operation shall be placed adjacent to the door inside
the store.
17. Walkways: All walkways and sidewalks shall maintain a 4-foot-wide pedestrian access
at all times as shown on Sheet 2 of Exhibit B. Walkways and sidewalks must provide
for pedestrian access to doors. Walkways and sidewalks shall remain clear of any
items, including storage and merchandise, at all times. Walkways along the front of
the store shall be striped.
18. Employee Parking: Employee parking, including overnight employee parking, shall be
restricted to the Employee Parking areas as shown on Sheet 2 of Exhibit B. Each
parking spot in the Nighttime Employee Parking area shall be marked with a sign
stating that between the hours of 11:00 PM and 6:00 AM the spot is reserved for
employees.
19. Employee Congregation: Employees shall not congregate at any point, during breaks
or otherwise, on the site within 150 feet of the western property line for any purpose
other than required business operations.
20. Temporary Outdoor Cooking: Temporary outdoor cooking for the purpose of providing
meals to employees during staff events is permitted within an area up to 75 feet north
of the store entrance and 150 feet east of the western property line. Temporary
outdoor cooking shall occur only during “Business Hours” listed in Condition of
Approval No. 9.a. Employee and guest congregation during temporary outdoor
cooking shall comply with Condition of Approval No. 19 (Employee Congregation).
21. Food Cart Use: A maximum of one (1) food service cart may be in operation at any
given time at the designated Food Vendor Location as shown on Sheet 2 of Exhibit
B, subject to the following limitations:
a. Hours of Operation: Hours of operation, inclusive of customer and employee
activity, shall be limited to “Business Hours” listed in Condition of Approval No. 9.a.
Outdoor activity related to the food cart use shall conform with “Outdoor Staff
Hours” listed in Condition of Approval No 9.c.
b. Smoking: "No Smoking" signs shall be posted on the premises in compliance with
CMC Section 6.11.060.
c. Loitering: There shall be no loitering allowed outside the food cart use. The
business operator is responsible for monitoring the premises to prevent loitering.
d. Trash Disposal and Clean-Up: All trash disposal, normal clean-up, carpet cleaning,
window cleaning, sidewalk sweeping, etc. shall occur during the "Hours of
Operation." The establishment of shall maintain a sufficient number of trash
receptacles as necessary to accommodate customer waste, which shall be
emptied daily or more frequently as necessary to prevent refuse from overflowing.
e. Business License: The business shall be required to obtain and maintain a City
business license at all times.
f. Alcohol Beverage Service: Alcohol beverage service is prohibited.
g. Outdoor Seating: Outdoor seating incidental to the food service cart shall be limited
to two standard-size picnic benches which shall be kept clean and in good repair
EXHIBIT A
Conditions of Approval Page 8 of 10
PLN-2023-52 ~ 480 E. Hamilton Avenue – Major Modification (P-D Permit)
and replaced and/or fixed as necessary. Any additional furniture, including heaters
and umbrellas shall only be installed with prior Zoning Clearance approval by the
Community Development Director.
h. Outdoor Cooking: Outdoor cooking activity for the food cart is prohibited.
i. Outdoor Storage: No outdoor storage related to the food cart use is permitted on
the subject property. No equipment, materials, food and/or refuse shall be stored
outside the building or within the adjacent parking lot.
22. Security: If deemed necessary by the Police Chief, the business operator shall prepare
a security plan to the satisfaction of the Police Chief, including, but not limited to,
provision of private security and/or additional security cameras.
23. Loitering: There shall be no loitering allowed outside the business. The business
operator is responsible for monitoring the premises to prevent loitering. The business
operator shall contact the City Police Department if loiterers do not vacate the property
when requested.
24. Trespassing: The following requirements pertaining to trespassing shall apply:
a. The business operator shall be required to place “No Trespassing” signs near each
customer entrance to the building, at both entrances to the eastern parking lot from
Salmar Avenue, and at both entrances to the northern parking lot from E. Hamilton
Avenue.
b. The business operator shall be required to request trespassers to leave the
property and report trespassers that do not comply to the City Police Department.
25. Noise: The following noise control requirements shall apply:
a. Noise Standard: Regardless of decibel level or source, no noise generated by the
business shall obstruct the free use of neighboring properties so as to
unreasonably interfere with the comfortable enjoyment of the residents. In the
event verified complaints are received by the City regarding such noise, the
Community Development Director may immediately curtail any of the approves
Hours of Operation, pursuant to Condition of Approval No. 31 (Modification or
Revocation of Permit).
b. Front, Side, and Rear Doors: The front and side doors to the business shall remain
closed and not be in an open position at any time.
c. Provision of Video Records: In the event that a noise complaint is received by the
City, the business operator shall upon request of Code Enforcement Officer make
available to the City a copy of video recorded from on-site security cameras.
d. Signs: The business operator shall be required to place signs along the western
wall of the Hardware Store building stating that noise must be kept to a minimum.
26. Storm Drainage Discharge: The business operator shall comply with all provisions of
CMC Section 14.02.030 regulating stormwater pollution control. The business
operator shall not discharge or cause to be discharged into the municipal storm drain
system or watercourses any materials other than stormwater, including any pollutants
or waters containing any pollutants that cause or threaten to contribute to a violation
EXHIBIT A
Conditions of Approval Page 9 of 10
PLN-2023-52 ~ 480 E. Hamilton Avenue – Major Modification (P-D Permit)
of applicable water quality standards. The business operator shall not discharge or
cause to be discharged into any storm drain or natural outlet or channel, any sewage,
industrial waste or other polluted waters or materials without a valid NPDES permit or
written authority from the U.S. Environmental Protection Agency or its designated
enforcement agent.
27. West Valley Clean Water Authority Compliance: The business operator shall comply
with the requirements of the “Notice to Comply” issued by the West Valley Clean Water
Authority to the property owner on November 26, 2024.
28. Trash Management: The business operator shall install additional trash receptacles in
front of the Hardware Store and Garden Center and in the parking lot. No later than
sixty (60) days after the effective date of the approving ordinance, the business
operator shall apply for a Zoning Clearance providing a site plan showing proposed
additional trash receptacle locations to the satisfaction of the Community
Development Director. Upon approval of the Zoning Clearance, the trash receptacles
shall be installed within thirty (30) days.
29. Signage: No signage is approved as part of the development application approved
herein, with the exception of noise related signs listed in Condition of Approval No. 25
(Noise). All signage shall be installed and maintained consistent with the provision of
CMC Chapter 21.30 (Signs).
30. Training: Each time a new general manager assumes responsibility for business
operations, said manager shall contact the Community Development Director within
their first month to schedule an orientation meeting with Planning Division staff to
become familiar with the Conditions of Approval provided herein.
31. Designated Parking: The business operator may designate non-accessible stalls as
time-limited parking, "curbside pickup" parking, or preferred customer parking, upon
prior approval of the Community Development Director in compliance with CMC
Section 21.28.030.B (Parking and loading to be unrestricted). This approval
recognizes the authorization to designate eight (8) parking spaces for "preferred
contractors," as granted by the Community Development Director in a letter dated
November 13, 2009.
32. Modification or Revocation of Permit: Operation of the Hardware Store and Garden
Store and related uses pursuant to this Approval is subject to Sections 21.68.020,
21.68.030, and 21.68.040 of the Campbell Municipal Code authorizing the appropriate
decision making body to modify or revoke this Approval if it is determined that business
operations has become a nuisance to the City’s public health, safety or welfare or for
violation of the Conditions of Approval or any standards, codes, or ordinances of the
City of Campbell. At the discretion of the Community Development Director, if the
establishment generates two (2) complaints, verifiable by City staff, related to
violations of Conditions of Approval within any twelve (12) month period, a public
hearing before the City Council, upon recommendation by the Planning Commission,
may be scheduled to consider modifying conditions of approval or revoking the
Approval. The Community Development Director may commence proceedings for the
revocation or modification of the Approval upon the occurrence of one (1) complaint,
verifiable by City staff, if the Community Development Director determines that the
alleged violation warrants such an action. The Director may also at such time
EXHIBIT A
Conditions of Approval Page 10 of 10
PLN-2023-52 ~ 480 E. Hamilton Avenue – Major Modification (P-D Permit)
immediately restrict any of the Hours of Operation identified by Condition of Approval No.
9 (Hours of Operation) or require installation of speed humps as specified by Condition
of Approval No. 10.e (Speed Limits), to address to address noise complaints or speeding
complaints, respectively, verifiable by City staff, in a timely manner. In exercising this
authority, the decision-making body may consider the following factors, among others:
a. The number and types of Police Department calls for service at or near the
establishment that are reasonably determined to be a direct result of business
operator actions;
b. The number of verifiable complaints received from residents, business owners,
and other citizens concerning the operation of the establishments;
c. Unpermitted events occurring at the subject site; and
d. Violation of conditions of approval.
BUILDING DEPARTMENT:
1. Permit Required: Building permit application shall be required for all outdoor storage.
2. Conditions of Approval: The Conditions of Approval shall be stated in full on the cover
sheet of construction plans submitted for building permits.
PUBLIC WORKS DEPARTMENT:
1. Storm Drain Inventory: Prior to issuance of a building permit, the business operator
shall submit a plan showing the inventory of existing on-site storm drain catch basins,
including on-site storm drain catch basins with trash capture inserts and on-site storm
drain catch basins without trash capture inserts.
2. Trash Capture: Prior to issuance of a building permit, the business operator shall
install trash capture inserts (KriStar FloGard or approved equal) in all on-site storm
drain catch basins within the site.
3. Trash Insert Maintenance: Prior to issuance of a building permit, the business operator
shall enter into an agreement to operate and maintain inserts and to provide regular
inspection reports to the Public Works Department documenting that screens are
being properly maintained.
SANTA CLARA COUNTY FIRE DISTRICT:
1. Fire Lanes Required: The minimum clear width of fire department access roads shall
be 20 feet. The minimum outside turning radius is 50 feet for required circulating
access roadways. Fire apparatus access roads shall be designated and marked as a
fire lane as set forth in Section 22500.1 of the California Vehicle Code.
2. Fire Apparatus (Engine) Access Roadway Required: Provide an access roadway with
a paved all-weather surface, a minimum unobstructed width of 20 feet, vertical
clearance of 13 feet 6 inches, minimum circulating turning radius of 50 feet outside,
and a maximum slope of 15%. Surface shall be capable of supporting 75K pounds.
Installations shall conform to Fire Department Standard Details and Specifications
sheet A-1. CFC Sec. 503.
EXHIBIT B
EXHIBIT B
EXHIBIT B
EXHIBIT B
EXHIBIT B
EXHIBIT B
Reso No. 4729 - 480 E Hamilton Ave.
Final Audit Report 2025-02-07
Created:2025-02-06
By:Ken Ramirez (kenr@campbellca.gov)
Status:Signed
Transaction ID:CBJCHBCAABAA6FmLsO1Fnow_ailcac_Shoi9zUAUAiC5
"Reso No. 4729 - 480 E Hamilton Ave." History
Document created by Ken Ramirez (kenr@campbellca.gov)
2025-02-06 - 10:49:43 PM GMT
Document emailed to Rob Eastwood (robe@campbellca.gov) for signature
2025-02-06 - 10:49:50 PM GMT
Document emailed to Matt Kamkar (mkamkar7@gmail.com) for signature
2025-02-06 - 10:49:50 PM GMT
Email viewed by Rob Eastwood (robe@campbellca.gov)
2025-02-06 - 10:53:10 PM GMT
Document e-signed by Rob Eastwood (robe@campbellca.gov)
Signature Date: 2025-02-06 - 10:53:25 PM GMT - Time Source: server
Email viewed by Matt Kamkar (mkamkar7@gmail.com)
2025-02-07 - 6:32:46 PM GMT
Document e-signed by Matt Kamkar (mkamkar7@gmail.com)
Signature Date: 2025-02-07 - 6:33:39 PM GMT - Time Source: server
Agreement completed.
2025-02-07 - 6:33:39 PM GMT