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Use Permit - Temporary Trailer - 2006 0\ . CAII1 . :/..)<s> ~ ~ - r'" U r- -' .>. 1- '-. <" <> ORCHI>\l.Q' CITY OF CAMPBELL Community Development Department June 15, 2006 Mr. Ken Starkey McCarthy Construction 3220 Kiessig Avenue, #8 Sacramento, CA 95823 Re: PLN2006-45 - 515 E. Hamilton Avenue - Use Permit - Temporary Hiring Trailer Dear Applicant: Please be advised that at its meeting of ~une 13, 2006, the Planning Commission adopted Resolution No. 3725 approving al Conditional Use Permit (PLN2006-45) to allow a temporary modular trailer for new 1 employee hiring on the above-referenced property. This action is effective in ten calendar days,! unless appealed in writing to the City Clerk by 5 p.m. on Friday, June 23, 2006. The time within which judicial review of this action must be sought is governed by Section 1094.6 of the California Code of Civil Procedure, unless another statute (such as California povernment Code Section 65009 or some other applicable provision) sets forth a more!specific time period. If you have any questions, please do not he~itate to contact me at (408) 866-2140. Sincerely, lj!fdiftltdif~ Melinda M. Denis Planner I cc: AIG Properties (Property Owners) Attn: Larry Langohr 1215 Doctors Drive Neenah, WI 54954 Lynn Buzolich et al (Property Owners) 1956 Campbell Avenue San Jose, CA 95125 Jim Stryker (Representative) Bed, Bath & Beyond 650 Liberty Avenue Union, NJ 07083 Frank Mills, Building Chris Veargason, Fire Ed Arango, Public Works 70 North First Street . Campbell, California 95008-1436 . TEL 408.866.2140 . FAX 408.866.8381 . TOD 408.866.2790 RESOLUTION NO. 3725 BEING A RESOLUTION OF THE RLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVINCS A CONDITIONAL USE PERMIT (PLN2006-45) TO ALLOW A TEMPORARY MODULAR TRAILER FOR NEW EMPLOYEE HIRING FCDR A RETAIL USE (BED, BATH & BEYOND) ON PROPRETY OWNED BY LYNN BUZOLlCH ET AL LOCATED AT 515 E. HAMILTON IAVENUE IN A C-2-S (GENERAL COMMERCIAL) ZONING DISTRlqT. APPLICATION OF MR. KEN STARKEY, ON BEHALF OF McC~RTHY CONSTRUCTION. FILE NO: PLN2006-45. After notification and public hearing, as sp$cified by law and after presentation by the Community Development Director, proponerilts and opponents, the hearing was closed. After due consideration of all evidence presl3nted, the Planning Commission did find as follows with respect to application PLN2006~45: 1. The proposed project consists of a te~porary modular trailer for new employee hiring for a retail store on the subject property. 2. The development of the proposed projept will result in a use that is consistent with the General Plan land use designation o~ Low Density Residential. 3. The proposed temporary trailer is consistent with the C-2-S (General Commercial) zoning designation for the site with appr~val of a Use Permit. 4. The project provides eight standard and Itwo disabled parking spaces designated for the temporary trailer. 5. The proposed operational hours are 8:00 a.m. to 6:00 p.m. daily. 6. The project qualifies as a Categorically ~xempt project per Section 15311, Class 11 (Minor Structures) of the California Envir~nmental Quality Act (CEQA). Based upon the foregoing findings of fact, ithe Planning Commission further finds and concludes that: 1. The proposed project is consistent with the General Plan and Zoning Ordinance. 2. The proposed project, as conditioned, will aid in the harmonious development of the immediate area. 3. No substantial evidence has been pre$ented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required Conditions of Approval, will have a significant adverse impact on the environment. Planning Commission Resolution No. 3725 PLN2006-45 - 515 E. Hamilton Avenue - Use Permit - Temporary Modular Trailer Page 2 4. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. 5. The subject site is adequate in size al1d shape to accommodate the yards, walls, fences, parking and loading facilities, la",dscaping, and other development features required in order to integrate said use with uses in the surrounding area. 6. The subject site is adequately served Dy streets of sufficient capacity to carry the kind and quantity of traffic such use would generate. 7. There is a reasonable relationship betWeen the use of the fees imposed upon the project and the type of development proj~ct. 8. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts ~f the project. THEREFORE, BE IT RESOLVED that 1 the Planning Commission approves a Conditional Use Permit (PLN2006-45) to ~lIow a temporary modular trailer for new employee hiring for a retail use (Bed, Bath & Beyond) on property owned by Lynn Buzolich et al located at 515 E. Hamilton! Avenue in a C-2-S (General Commercial) Zoning District. . Where approval by the Director of Comrpunity Development, City Engineer, Public Works Director, City Attorney or Fire Dep~rtment 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. COMMUNITY DEVELOPMENT DEPARTMf:NT Planning Division: 1. Approved Proiect: Approval is granteClJ for a Conditional Use Permit (PLN2006- 00045) allowing a temporary modular trailer for new employee hiring for a retail use located at 515 E. Hamilton Avenue. The site layout and design shall substantially comply with project description and plans received by the Community Development Department dated April 26, 2006, except as may be modified by the Conditions of Approval herein. 2. Conditional Use Permit Approval Expir9tion: The Conditional Use Permit approval shall be valid for two (2) months from th$ date of final approval or until the Bed, Bath and Beyond retail building is completed wnder Building Permit No. BLD2005-01632. Planning Commission Resolution No. 3725 PLN2006-45 - 515 E. Hamilton Avenue - Use Permit - Temporary Modular Trailer Page 3 3. Property Maintenance: The owner/operator of the subject property shall maintain all exterior areas of the business free from! graffiti, trash, rubbish, posters and stickers placed on the property. 4. Outdoor StoraQe: No outdoor storage is permitted on the subject property. 5. Operational Hours: The hours of operat~on for the trailer shall be limited to 8:00 a.m. to 6:00 p.m. daily. PASSED AND ADOPTED this 13th day of JllJne, 2006, by the following roll call vote: AYES: Commissioners: Alderete, iDoorley, Ebner, Francois, Gibbons, Rocha and Roseberry None None None NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: ATTEST: Sharon Fierro, Secretary r- .-,. .. ITEM NO.1 ~~.O~.CA-11P6' !:: ~ U r- o 0 .... ~ <So.. ~ . (. o.tCH.....Q. CITY OF CAMPBELL. PLANNING COMMISSION St~ff Report. June 13, 2006 PLN2006-45 Starkey, K. Public Hearing to consider the application of Mr. Ken Starkey, on behalf of McCarthy Construction, f~r a Conditional Use Permit (PLN2006-45) to allow a temporary modular trail~r for new employee hiring and training for a retail use (Bed, Bath & Beyond) on property owned by Lynn Buzolich et allocated at 515 E. Hamilton A~enue in a C-2-S (General Commercial) Zoning District. STAFF RECOMMENDATION That the Planning Commission take the followirg action: 1. Adopt a Resolution, incorporating the ~ttached findings, approving a Conditional Use Permit to allow a temporary modular traile~ for new employee hiring and training for a retail store, subject to the attached conditions of approval. I ENVIRONMENTAL DETERMINATION t Staff recommends that the Planning Commiss on find that this project is Categorically Exempt under Section 15311, Class 11 of the Califomi Environmental Quality Act (CEQA), pertaining to the placement of minor structures accessory 0 existing commercial facilities. i 1 PROJECT DATA Net Lot Area: 367,127 sq. ft. (8.42 acres) Site Utilization: Building Coverage: Landscape Coverage: Paving Coverage: i 74,818 sq~ft. (20%) 57,103 sq ft. (16%) 235,214 s . ft. (64%) ! Building Area: Building A (Kohl's - completed): st ! 1 Floor: 49,277 sqj ft. 2nd Floor: 49,277 sq ft. Total: 98,554 sq ft. Building B (Bed, Bath & Beyond and S all Shops - under construction): 15t Floor - BB&B: 14,805 sq ft. t st Floor - Sm. Shops: 10,728 sq, ft. 2nd Floor - BB&B: 25,533 sq~ ft. Total: 51,066 sqjft. Proposed Trailer: 440 sq. ft. Staff Report - Planning Cor.unission Meeting of June 13, 2006 PLN2006-45 - 515 E. Hamilton Avenue Parking: Site Total Approved: Site Total Provided: Required - Kohl's: Available - Kohl's: Proposed - Trailer: Construction Area: Hours of Operation: Adjacent Land Uses: North: South: East: West: Page 2 of3 621 parki*g spaces (1 :241 parking ratio) 635 parkiq.g spaces (1:235 parking ratio) 409 parki g spaces (1:241 @ 98,554 sq. ft.) 421 parki g spaces 10 parkin spaces (2 disabled, 8 standard) 204 parki g spaces fenced off for construction traffic 8:00 a.m. 0 6:00 p.m. daily i I I i I Single-F ily Residential Commerc al Highway 7 Commerc al and Multi-family Residential DISCUSSION Applicant's Proposal: The applicant is requesti g approval of a Conditional Use Permit to allow a temporary modular trailer for new employee hiring and training for the Bed, Bath & Beyond retail store. The site plan indicates the locatio of the proposed temporary modular trailer. The trailer would be removed prior to opening ofth Bed, Bath & Beyond retail store. Background: The project site is located on the orth side of Hamilton Avenue between Almarida Drive and the Highway 17 southbound exit r p. Land uses surrounding the project site include single-family residences to the north, mixed co ercial uses to the south, a restaurant and multi- family residences to the west and Highway 17 t the east. I The project site received approval of a Site an Architectural Review Permit by the City Council in May 2004 for the construction of two new, o-story commercial/retail buildings. Building A, located to the north of the project site, is occu ied by Kohl's department store, which opened in March 2006. Building B, located adjacent to amilton Avenue, is currently under construction and will be occupied by Bed, Bath & Beyond r tail store, Panera Bread restaurant and bakery, T- Mobile cellular store, and two remaining small etail shops yet to be leased. ANALYSIS General Plan Designation: The General Plan and use designation for the project site is General Commercial. Zoning Designation: The zoning designation D r the project site C-2-S (General Commercial). A Conditional Use Permit is required for a temp rary trailer within the C-2-S zoning district. The proposed project will be consistent with the oning Ordinance with approval of a Conditional Use Permit. Staff Report ~ Planning COl111l1ission Meeting of June 13,2006 PLN2006-45 ~ 515 E. Hamilton Avenue Page 3 of3 Site Lavout and Use: The site plan illustrates the installation of a 440 square foot temporary modular trailer within the parking lot. The ailer will be located north of the Bed, Bath & Beyond store and adjacent to the Bed, Bath d Beyond construction staging area. The trailer will only be used until the Bed, Bath and Beyo d store is completed and will be removed prior to the store opening. The applicant's letter indicates that the traile will be used for approximately two months to recruit and interview prospective employees fo the new store. There will be three Bed, Bath and Beyond staff members conducting the intervie s in the temporary trailer from 8:00 a.m. to 6:00 p.m. daily. Parking: The applicant has identified the loc tion of two disabled and eight standard parking spaces on the site plan for the temporary traile. Temporary signage will be installed to reserve the parking spaces for the temporary trailer. Attachments: 1. Findings for Approval of the Conditional U e Permit (PLN2006-00045) 2. Conditions of Approval for the Conditional se Permit (PLN2006-00045) 3. Letter from Applicant 4. Exhibits 5. Location Map Prepared by: Approved by: Attachment # 1 FINDINGS FOR APPROVAL OF FILE N01 PLN2006-00045 SITE ADDRESS: 515 E. Hamilton Avenuetl APPLICANT: Mr. Jim Stryker on behal of McCarthy Construction DATE: June 13,2006 I Findin s for A roval of a Conditional Use Pe it to allow a tern or modular trailer for new em 10 ee hirin and trainin for a reta 1 use located at 515 E. Hamilton Avenue The Planning Commission finds as follows wit regard to File No. PLN2006-00045: 1. The proposed project consists of a tempor modular trailer for new employee hiring and training for a retail store on the subject prop rty. 2. The development of the proposed project will result in a use that is consistent with the General Plan land use designation of Low ensity Residential. 3. The proposed temporary trailer is consiste t with the C-2-S (General Commercial) zoning designation for the site with approval of a U e Permit. I 4. The project provides eight standard and ,0 disabled parking spaces designated for the temporary trailer. I 5. The proposed operationa1.hours are 8:00 a. . to 6:00 p.m. daily. 6. The project qualifies as a Categorically Ex mpt project per Section 15311, Class 11 (Minor Structures) ofthe California Environmental uality Act (CEQA). Based upon the foregoing findings of fact, the Flanning Commission further finds and concludes I thM: I I 1. The proposed project is consistent with the teneral Plan and Zoning Ordinance. 2. The proposed project, as conditioned, w 11 aid in the harmonious development of the immediate area. , 3. No substantial evidence has been presente;om which a reasonable argument could be made that shows that the project, as currently pr sented and subject to the required Conditions of Approval, will have a significant adverse i act on the environment. 4. The proposed development will not be de~rimental to the health, safety or welfare of the neighborhood or the City as a whole. r 5. The subject site is adequate in size and ~hape to accommodate the yards, walls, fences, parking and loading facilities, landscaping, land other development features required in order to integrate said use with uses in the surro~ding area. Attachment #1 Page 2 of2 6. The subject site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such use would generate. ! 7. There is a reasonable relationship between ~e use of the fees imposed upon the project and the type of development project. I 8. There is a reasonable relationship and a t. ugh proportionality between the Conditions of Approval and the impacts of the project. Attachment #2 CONDITIONS OF APPROVAL FOR FILE ~O. PLN2006-45 ! SITE ADDRESS: 515 E. Hamilton Avenue' APPLICANT: Mr. Jim Stryker on behal of McCarthy Construction DATE: June 13, 2006 The applicant is hereby notified, as part of t 's application, that (s)he is required to meet the following conditions in accordance with the or inances of the City of Campbell and the State of California. The lead department with whic the applicant will work is identified on each condition where necessary. Where approval b the Director of Community Development, City Engineer, Public Works Director, City Attorne , or Fire Department is required, that review shall be for compliance with all applicable conditi ns of approval, adopted policies and guidelines, ordinances, laws and regulations, and accePted~'engineering practices, for the items under review. Additionally, the applicant is hereby notified t at (s)he is required to comply with all applicable Codes or Ordinances of the City of Campbel and the State of California that pertain to this development and are not herein specified: . COMMUNITY DEVELOPMENT DEPART~ENT Planning Division: 1. Approved Proiect: Approval is granted {or a Conditional Use Permit (PLN2006-00045) allowing a temporary modular trailer for qew employee hiring and training for a retail use located at 515 E. Hamilton Avenue. The ~ite layout and design shall substantially comply with project description and plans receivqd by the Community Development Department dated April 26, 2006, except as may be moqified by the Conditions of Approval herein. 2. Conditional Use Permit A roval Ex irati n: The Conditional Use Permit approval shall be valid for six (6) months from the date of mal approval or until the Bed, Bath and Beyond retail building is completed under Building Permit No. BLD2005-01632. 3. Propertv Maintenance: The owner/operato~ of the subject property shall maintain all exterior areas of the business free from graffiti, Wash, rubbish, posters and stickers placed on the property. 4. Outdoor Storage: No outdoor storage is perimitted on the subject property. 5. Operational Hours: The hours of operation for the trailer shall be limited to 8:00 a.m. to 6:00 p.m. daily. Attachment #3 BED BATH & BBYIONK>> Beyond ony'store of its kind:" 650 Liberty Avenue, Union, New Jersey 07083 P 908.688.0888ix4663 F 908.688.0295 April 24, 2006 City of Campbell Planning Division 70 North First Street Campbell, CA 95008 RE: Bed Bath & Beyond - Campbell, CA Hiring Trailer To Whom It May Concern: Bed Bath & Beyond requests a Use Permit to temporarily place a trailer in the parking lot of our upcoming store in Campbell, CA for tme purpose of conducting employee interviews and recruiting. The hiring trailer will be approximately 10' wide by 44' long with two offices and a general office space and will be used for an lapproximately two months to recruit and interview prospective employees for the Campbell, CA store located at 515 East Hamilton Avenue. The interviews will be conducted by up to thnee Bed Bath & Beyond employees generally from 8:00 AM to 6:00 PM each day for the approximately two months it will be in operation. The hiring trailer will be removed from the site prior to the Bed Bath & Beyond store opening for business. We hope that this application for the placement of the temporary hiring trailer meets with the city's approval. If there are any questions or further information is needed please contact me at 908.688.0888 extension 4663. ~~~~ Cc: Ken Harris Ken Starkey File