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Res/Ords for Home Depot ORDINANCE NO. 2015 BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL ADOPTING MODIFICATIONS (PLN2001-109) TO THE CONDITIONS OF APPROVAL FOR A PREVIOUSLY APPROVED PLANNED DEVELOPMENT PERMIT ON PROPERTY LOCATED AT 480 E. HAMILTON AVENUE (CURRENTLY HOME DEPOT) IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT. FILE NO. PLN2001- 109. 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 City Council did find as follows with respect to application PLN2001-109: 1. Home Depot has been found to be in violation of the Conditions of Approval for the original Planned Development Permit (PD 91-01) and the modified Planned Development Permit (M 94-03) on several occasions over the past several years. Most recently, the violations have included: . Utilizing the Lumber Receiving Area outside of the permitted hours of operation for the movement of materials. (Conditions #3A and #7A - M 94-03) . Allowing truck traffic along the western property line outside of the permitted hours of operation. (Condition #3B - M 94-03) . Allowing the storage of pallets in the parking area (Condition #6 - M 94-03) . Allowing the on-site landscaping to deteriorate and not be maintained (Condition #5C - PD 91- 01) 2. Home Depot was sent a Notice of Violation regarding the noise-related disturbances on June 7, 2001 and the disturbances continue to occur. 3. Modifying the Conditions of Approval for the Planned Development Permit will allow for more stringent requirements to control noise and will require physical changes to be made at the site to prevent future disturbances. 4. The modified Conditions of Approval for the project will result in a use that is consistent with the General Plan land use of commercial and industrial uses for this area and compatible with surrounding uses. 5. The modified Conditions of Approval for the project do not involve a change of use or any physical alterations to the structures onsite but does involve several site alterations that would change operations on-site and ensure the protection of the adjoining residential properties from commercial noise and disturbances after allowed hours of operation. 6. The modified Conditions of Approval for the project would require the installation of physical changes on site related to truck traffic and ingress/egress of building materials into the store. City Council Ordinance PLN2001-109 - 480 E. Hamilton Ave - Modifications to Conditions - PD Permit - Home Depot Page 2 Based upon the foregoing findings of fact, the City Council further finds and concludes that the modified conditions of approval will further the following goals: 1. The proposed development and use clearly would result in a more desirable environment and use of land than would be possible under any other zoning classification. 2. The proposed development and use would be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. 3. The proposed development and use 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. 4. The proposed development and use would not be detrimental to the health, safety, or welfare of the neighborhood or of the City as a whole. 5. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. 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 oompliance 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 Department 1. Project Approval: Approval is granted to allow the modification to City Ordinance 1841 (Planned Development Permit PD 91-01) and City Ordinance 1901 (Modification to Planned Development Permit 94-03), subject to the Conditions of Approval contained herein. 2. Conditions of Approval for Ordinances 1841 and 1901: The Conditions of Approval contained herein modify the Conditions of Approval contained in both Ordinances 1841 and 1901. In case of conflict, the Conditions of Approval contained herein supercede the Conditions of Approval contained in both Ordinances 1841 and 1901 (all other Conditions of both Ordinances 1841 and 1901 remain in effect.) 3. Approval of the Community Development Director: All of the Conditions of Approval contained herein shall be met to the satisfaction of the Community Development Director, based on substantial proof of good faith efforts for compliance, and without exception within 90 days. Applicant is to submit a schedule to the Community Development Director, which outlines the tasks to be accomplished within 30,60, and 90 days. 4. Hours of Operation: The hours of operation and any activity at the site are limited as follows: City Council Ordinance PLN2001-109 - 480 E. Hamilton Ave - Modifications to Conditions - PD Permit - Home Depot Page 3 a. Behind the store along the southern and western property lines: Any activity whatsoever in these areas is limited to Monday through Friday 8:00 a.m. to 6:00 p.m. and Saturday 9:00 a.m. to 3:00 p.m. only. Outside of these hours, access behind the store shall be prohibited altogether and there shall be no operation of forklifts, no truck traffic, no loading or unloading of materials, no employees, no outdoor storage, and the roll-up door servicing the lumber receiving area shall be closed. b. Store hours: Store hours of operation are limited to 6:00 a.m. to 9:00 p.m. daily. c. All other locations on the property: A Conditional Use Permit is required for late night uses or activity at a commercial site that take place after 11 :00 p.m. and/or before 6:00 a.m. There is no Conditional Use Permit approved for this site. 5. Lumber Receiving Area: In order to prevent future disturbances to neighboring properties, several actions shall be taken: a. To prevent truck traffic behind the building on the southern and western property lines after-hours: 1. Install a traffic control device such as a locking gate along the property wall between Home Depot and the Public Storage facility near the Home Depot loading dock. Pursuant to the Santa Clara County Fire Department requirements for emergency access, the gate shall be closed and locked during the prohibited hours. 11. Install a traffic control device such as a locking gate at the northwestern part of the building where the existing gate is installed. Pursuant to the Santa Clara County Fire Department requirements for emergency access, the gate shall be closed and locked during the prohibited hours. lll. If the manually locking gate proves ineffective, the Community Development Director can require the installation of automatically closing and locking gates. b. To prevent forklift activity behind the building after-hours: 1. Pursuant to the Santa Clara County Fire Department requirements for emergency access, retrofit the roll-up door on the southwestern side of the building in the lumber receiving area to be electronically-controlled so that it closes and locks automatically during the during the prohibited hours. 11. Outside storage of any materials or items of any kind between the southern and western property lines and the main building is prohibited. c. Extend the 12-foot high masonry wall along the southern property line from its current terminus to the end of the Home Depot building at the Public Storage property line. 6. Site Improvements to Control Truck Traffic: City Council Ordinance PLN200 1-1 09 - 480 E. Hamilton Ave - Modifications to Conditions - PD Permit :- Home Depot Page 4 a. To the satisfaction of the Santa Clara County Fire Department, City Traffic Engineer (Public Works Department) and the Community Development Director, widen and reconfigure both driveway approaches along Salmar Avenue to accommodate truck traffic but to prevent trucks from turning right out of Home Depot onto Salmar Avenue. b. Install a traffic control device such as a locking gate between the two parking lots to prevent delivery truck traffic from using the main parking area to park and idle. Pursuant to the Santa Clara County Fire Department requirements for emergency access, the gate shall be closed and locked so as to prohibit access between the lots from 10:00 p.m. to 5:30 a.m. daily. If Condition 6.b. proves ineffective, the Community Development Director can require Home Depot to install automatically closing and locking gates. c. To the satisfaction of the Santa Clara County Fire Department, City Traffic Engineer (Public Works Department) and the Community Development Director, reconfigure the western driveway off Hamilton Avenue so that it is inaccessible to large delivery trucks but usable for the general public. 7. Site Improvements to Control Other After-Hours Disturbances: a. Pursuant to the Santa Clara County Fire Department requirements for emergency access, retrofit the lumber area roll-up door on the front of the building to be electronically controlled to open no earlier than 6:00 a.m. 8. Site Improvements to Enhance Property Maintenance: a. Prohibit overnight parking in all parking lots except the Salmar Avenue side and Home Depot shall install signs noticing this fact. The Community Development Director can prescribe signage as appropriate. b. Submit a full landscape and irrigation plan for the review and approval of the Community Development Director, within 30 days of final approval, for the property in its entirety indicating what landscaping currently exists, what landscaping needs to be replaced, consistent with the original plan and taking into account the growth appropriate to intervening years by installation of mature planting materials. Install within 90 days of final approval. 9. Temporary Reduction of Operational Hours Upon Receipt of Valid Complaints: In the event that substantiated complaints as a result of the business operations are received by the City, the Community Development Director is authorized to immediately reduce the allowable hours of operation until such time that an appropriate Public Hearing can be scheduled for consideration of a permanent reduction of operational hours. At this time the business owner shall be required to file an application for a Modification to the Planning Development Permit and shall pay all associated filing fees. City Council Ordinance PLN200 1-1 09 - 480 E. Hamilton Ave - Modifications to Conditions - PD Permit - Home Depot Page 5 10. T p.ttp.r from Homp. T)P.pot Corpor::ltP. Offid::ll" Arknowlp.ilging rommitment to Rp."olving All Np.ighhorhoon ('omr::ltihility T""l1P." ::It it" r::lmrhp.ll Store ::Inn Anhp.rp.nrp. to thp. Monifien ronilition,,' A letter shall be prepared by Home Depot Executives acknowledging acceptance of the revised Conditions and stating a commitment to adhere to the revised Conditions as well as outlining a plan of action for any future transition of local store management at the Campbell Home Depot. 11. provi"ion ofVinp.o Fqllirmp.nt to T)orllmp.nt Any Flltllrp. Viol::ltion" to thp. ronnition,,: In the event that new substantiated neighborhood complaints are received as a result of lack of compliance with Conditions of Approval and upon request by the Community Development Director, the business will be required to install video surveillance equipment to document any infractions to the Conditions of Approval and shall provide such tapes to the Community Development Director upon request. The business shall retain the tapes for a minimum of two weeks. The City Council of the City of Campbell does ordain as follows: SECTION ONE: That this Ordinance be adopted to modify the Conditions of Approval for the original Planned Development Permit (PD 91-01) and the modified Planned Development Permit (M 94-03) for the business at 480 E. Hamilton Avenue as set forth above. SECTION TWO: This Ordinance shall become effective thirty (30) days following its passage and adoption and shall be published, one time 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 10th day of vote: December ,2001, by the following roll call AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Furtado, Kennedy, Burr, Watson, Dean None None None ATTEST: a .~~ APPROVED:~J1[) Mattnew T. Dean, Mayor / I ( Anne Bybee, City Clerk RESOLUTION NO. 3380 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING MODIFICATIONS (PLN2001-109) TO THE CONDITIONS OF APPROVAL FOR A PREVIOUSLY APPROVED PLANNED DEVELOPMENT PERMIT ON PROPERTY LOCATED AT 480 E. HAMILTON AVENUE IN A PD (pLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF CHARLES AND LIZABETH WALTON. FILE NO. PLN2001-109. 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 application PLN2001-109: 1. __ ~I has been found to be in violation of the Conditions of Approval for the original Planned Development Permit (PD 91-01) and the modified Planned Development Permit (M 94-03) on several occasions over the past several years. Most recently, the violations have included: _ Utilizing the Lumber Receiving Area outside of the permitted hours of operation for the movement of materials. (Conditions #3A and #7A - M 94-03) _ Allowing truck traffic along the western property line outside of the permitted hours of operation. (Condition #3B - M 94-03) _ Allowing the storage of pallets in the parking area (Condition #6 - M 94-03) _ Allowing the on-site landscaping to deteriorate and not be maintained (Condition #5C - PD 91-01 ) 2. Honte .E);~Ci}t was sent a Notice of Violation regarding the noise-related disturbances on June 7,2001 and the disturbances continue to occur. 3. Modifying the Conditions of Approval for the Planned Development Permit will allow for more stringent requirements to control noise and will require physical changes to be made at the site to prevent future disturbances. 4. The modified Conditions of Approval for the project will result in a use that is consistent with the General Plan land use of commercial and industrial uses for this area and compatible with surrounding uses. 5. The modified Conditions of Approval for the project do not involve a change of use or any physical alterations to the structures onsite but does involve several site alterations that would change operations on-site and ensure the protection of the adjoining residential properties from commercial noise and disturbances after allowed hours of operation. 6. The modified Conditions of Approval for the project would require the installation of physical changes on site related to truck traffic and ingress/egress of building materials into the store. Planning Commission ResoU.1tion No. 3380 PLN200 1-1 09 - 480 E. Hamilton Ave - Modifications to Conditions - PD Pennit - Home Depot Page 2 Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that the modified conditions of approval will further the following goals: 1. The proposed development and use clearly would result in a more desirable environment and use of land than would be possible under any other zoning classification. 2. The proposed development and use would be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. 3. The proposed development and use 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. 4. The proposed development and use would not be detrimental to the health, safety, or welfare of the neighborhood or of the City as a whole. 5. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. 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. Community Development Department 1. Project Approval: Approval is granted to allow the modification to City Ordinance 1841 (Planned Development Permit PD 91-01) and City Ordinance 1901 (Modification to Planned Development Permit 94-03), subject to the Conditions of Approval contained herein. 2. Conditions of Approval for Ordinances 1841 and 1901: The Conditions of Approval contained herein modify the Conditions of Approval contained in both Ordinances 1841 and 1901. In case of conflict, the Conditions of Approval contained herein supercede the Conditions of Approval contained in both Ordinances 1841 and 1901 (all other Conditions of both Ordinances 1841 and 1901 remain in effect.) 3. Approval of the Community Development Director: All of the Conditions of Approval contained herein shall be met to the satisfaction of the Community Development Director, based on substantial proof of good faith efforts for compliance, and without exception within 90 days. Applicant is to submit a schedule to the Community Development Director, which outlines the tasks to be accomplished within 30/60/90 days. Planning Commission ResollJtion No. 3380 PLN2001-109 - 480 E. Hamilton Ave - Modifications to Conditions - PD Pennit - Home Depot Page 3 4. Hours of Operation: The hours of operation and any activity at the site are limited as follows: a. Behind the store along the southern and western property lines: Any activity whatsoever in these areas is limited to Monday through Friday 8:00 a.m. to 6:00 p.m. and Saturday 9:00 a.m. to 3:00 p.m. only. Outside of these hours, access behind the store shall be prohibited altogether and there shall be no operation of forklifts, no truck traffic, no loading or unloading of materials, no employees, no outdoor storage, and the roll-up door servicing the lumber receiving area shall be closed. b. Store hours: Store hours of operation are limited to 6:00 a.m. to 9:00 p.m. daily. c. All other locations on the property: A Conditional Use Permit is required for late night uses or activity at a commercial site that take place after 11 :00 p.m. and/or before 6:00 a.m. There is no Conditional Use Permit approved for this site. 5. Lumber Receivin~ Area: In order to prevent future disturbances to neighboring properties, several actions shall be taken: a. To prevent truck traffic behind the building on the southern and western property lines after-hours: 1. Install a traffic control device such as an automatic, electronically monitored gate along the property wall between Home Depot and the Public Storage facility near the Home Depot loading dock. Pursuant to the Santa Clara County Fire Department requirements for emergency access, the gate should be set to close and lock automatically during the prohibited hours. 11. Retrofit the existing gate at the northwestern part of the building to be electronically controlled. Pursuant to the Santa Clara County Fire Department requirements for emergency access, the gate should be set to close and lock automatically during the prohibited hours. b. To prevent forklift activity behind the building after-hours: 1. Pursuant to the Santa Clara County Fire Department requirements for emergency access, retrofit the roll-up door on the southwestern side of the building in the lumber receiving area to be electronically-controlled so that it closes and locks automatically during the during the prohibited hours. 11. Prohibit outside storage along the southern and western property lines behind the Home Depot building. c. Extend the 12-foot high masonry wall along the southern property line from its current tenninus to the end of the Home Depot building at the Public Storage property line. Planning Commission Resou.ltion No. 3380 PLN2001-109 - 480 E. Hamilton Ave - Modifications to Conditions - PD Pennit - Home Depot Page 4 6. Site Improvements to Control Truck Traffic: a. To the satisfaction of the Santa Clara County Fire Department, City Traffic Engineer (Public Works Department) and the Community Development Director, widen and reconfigure both driveway approaches along Salmar Avenue to accommodate truck traffic but to prevent trucks from turning right out of Home Depot onto Salmar Avenue. b. Install a traffic control device such as an automatic, electronically-monitored gate between the two Home Depot parking lots to prevent delivery truck traffic from using the main parking area to park and idle. Pursuant to the Santa Clara County Fire Department requirements for emergency access, the gate should be set to close and lock automatically after store hours. c. To the satisfaction of the Santa Clara County Fire Department, City Traffic Engineer (Public Works Department) and the Community Development Director, reconfigure the western driveway off Hamilton Avenue so that it is inaccessible to large delivery trucks but usable for the general public. 7. Site Improvements to Control Other After-Hours Disturbances: a. Pursuant to the Santa Clara County Fire Department requirements for emergency access, retrofit the lumber area roll-up door on the front of the building to be electronically controlled to open no earlier than 6:00 a.m. 8. Site Improvements to Enhance Property Maintenance: a. Prohibit overnight parking in all parking lots and Home Depot shall install signs noticing this fact. b. Submit a full landscape and irrigation plan for the property in its entirety indicating what landscaping currently exists, what landscaping needs to be replaced, and a timeline for replacement, consistent with the original plan and taking into account the growth appropriate to intervening years by installation of mature planting materials. 9. Temporary Reduction of Operational Hours Upon Receipt of Valid Complaints: In the event that substantiated complaints as a result of the Home Depot operations are received by the City, the Community Development Director is authorized to temporarily but immediately reduce the allowable hours of operational until such time that an appropriate Public Hearing can be scheduled for consideration of a permanent reduction of operational hours. 10. Letter from Home Depot Corporate Officials Acknowled~in~ Commitment to Resolvin~ All Neighborhood Compatibility Issues at its Campbell Store and Adherence to the Modified Conditions: A letter should be prepared by Home Depot Executives acknowledging acceptance of the revised Conditions and stating a commitment to adhere to the revised Conditions as well as outlining a plan of action for any future transition of local store management at the Campbell Home Depot. Planning Commission Reso.oJtion No. 3380 PLN200 1-109 - 480 E. Hamilton Ave - Modifications to Conditions - PD Permit - Home Depot Page 5 11. Provision of Video Equipment to Document Any Future Violations to the Conditions: In the event that new substantIated neighborhood complamts are received as a result of lack of compliance with Conditions of Approval and upon request by the Community Development Director, Home Depot will be required to supply video surveillance equipment and tapes for the neighbors' use in recording any infractions to the Conditions of Approval by Home Depot. PASSED AND ADOPTED this 9th day of October, 2001, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Alderete, Doorley, Gibbons, Hernandez, Jones and Leonard None Francois None APPROVE ATTEST: ~ --c-- Sharon Fierro, Secretary ORDINANCE NO. 1.901 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 A VENUE, 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 94-03 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 94-04 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 94-04 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 94-04 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 of Approval - M 94-04 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. RESOLUfION NO. 2911 BEING A RESOLUTION OF THE PLANNING COMMISSION OF TIlE CITY OF CAMPBELL RECOMMENDING APPROV AL OF A MODIFICATION TO A PREVIOUSLY-APPROVED PLANNED DEVELOPMENT PERMIT _ _ TO MODIFY THE RECEIVING HOURS AT THE LUMBER RECEIVING DOOR; ESTABLISH PROCEDURES FOR OUTDOOR DISPLAYS AND ON- SITE SPECIAL EVENTS; AND AN OUTDOOR FOOD VENDOR, ON PROPERTY LOCATED AT 480 E. HAMILTON AVENUE. APPUCATION OF _ 11II8I1 USA. FILE NO. M 94-03. After notification and Hearing on the application of ~ ~ for a modification to a previously-approved Planned Development Permit to modify the receiving hours at the lumber receiving door; establish procedures for outdoor displays and on-site special events; and an outdoor food vendor, on property located at 480 E. Hamilton Avenue in a PD (Planned Development) Zoning District, as per the application filed in the Planning Department on March 7, 1994; and, after presentation by City Staff, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to File No. M 94-03: 1. 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. 2. Designated areas for off-loading and outdoor storage of merchandise will reduce the visual impact of the receiving area as viewed from the street. 3. Outdoor displays of merchandise are limited to a confined area, will not impede pedestrian movement, and are appropriate for a commercial business. 4. 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 Planning Commission 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. Resolution No. 2911 M 94-03 -480 E. Hamilton Avenue Adopted on April 12, 1994 Page 2 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 PO 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. o. 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. Resolution No. 2911 M 94-03 -480 E. Hamilton Avenue Adopted on April 12, 1994 Page 3 (2). The gate may be open from 9 a.m. to 5 p.m. Monday through 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. Resolution No. 2911 M 94-03 --480 E. Hamilton Avenue Adopted on April 12, 1994 Page 4 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 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. Resolution No. 2911 M 94-03 --480 E. Hamilton Avenue Adopted on April 12, 1994 Page 5 (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. 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: (l) 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. Resolution No. 2911 M 94-03 --480 E. Hamilton Avenue Adopted on April 12, 1994 Page 6 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. 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 Cor:poration 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. Resolution No. 2911 M 94-03 --480 E. Hamilton Avenue Adopted on April 12, 1994 Page 7 PASSED AND ADOPTED this 12th day of April, 1994, by the following roll call vote: AYES: NOES: ABSENT: Commissioners: Commissioners: Commissioners: Alne, Kearns, Lindstrom, Lowe, Perrine None Meyer-Kennedy ATTEST: Steve APPROVE . ~ ORDINANCE NO. 1841 BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A PLANNED DEVELOPMENT PERMIT, PLANS, ELEVATIONS, DEVELOPMENT SCHEDULE, AND CONDITIONS OF APPROVAL TO ALLOW CONSTRUCTION OF 100,000 SQUARE FOOT RETAIL BUILDING WITH A 20,000 SQUARE FOOT OUTDOOR GARDEN CENTER, ON PROPERTY LOCATED AT 480 EAST HAMILTON AVENUE, IN A PD (PLANNED DEVELOPMENT) ZONING DISTRICT, APPUCATION OF HOME DEPOT USA, INC., FILE NO. PD 91-01. After notification and Public hearing as specified by law on the application of Home Depot USA, Inc., for approval of a Planned Development Permit, plans, elevations, and development schedule to allow construction of a 100,000 square foot retail building with a 20,000 square foot garden center, on property located at 480 East Hamilton Avenue, in a PD (Planned Development) Zoning District; and, after presentation by the City Staff, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the City Council did find as follows with regard to File No. PD 91-01: 1. The conditions of approval will ensure that the proposed development is compatible with the adjacent residential uses. 2. The Planning Commission held public hearings for consideration of the Planned Development Permit on June 25, 1991. 3. The City Council held a pubic hearing for consideration of the Planned Development Permit on November 19, 1991. 4. An Initial Study has been prepared on the amendment, as required by the California Environmental Quality Act. 5. A Negative Declaration is appropriate as no significant environmental impacts have been identified to be associated with this project which cannot be mitigated. Based upon the foregoing findings of fact, the City Council further finds and concludes that : 1. The proposed development and uses clearly would result in a more desirable environment and use of land than would be possible under any other zoning classification; and, Oty Council Ordinance No. Page -2- November 19, 1991 2. The development and uses would be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. 3. The proposed development would not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. Based upon the above findings, the City Council approves the Permit by adopting the attached Exhibit A, entitled Plans and Elevations; Exhibit B, entitled Development Schedule; Exhibit C, entitled Conditions of Approval, as per the application of Home Depot USA, Inc., for plans, elevations, and development schedule to allow construction of 100,000 retail building with a 20,000 square foot garden center, in a Planned Development Zoning District. Copies of Said Exhibits are on file in the Planning Department. PASSED AND ADOPTED this 25thdayof November 1991, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Coundlmembers: Coundlmembers: Coundlmembers: Councilmembers: Conant, Ashworth, Watson, Burr None None Kotowski APPROVED: --'---,---) c: -~~~ ~ ~ Donald R.'.Bur~ Mayor ATTEST: - 1:1.- Barbara Olsasky, City Clerk CONomONS OF APPROVAL GP 91-02/ZC 91-o1/PD 91-01 Home Depot Inc., USA 480 East 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 California. The lead department with which the applicant will work is identified on each condition. 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. SITE AND BUILDING DESIGN: 1. Approved Project: This approval is granted to construct a 104,600 square foot retail building and IS,SOO square foot garden center located on a 9.67 acre site identified as Assessors Parcel Numbers 279-33-35,36 & 39. Development shall be substantially as shown on the project materials listed below, except as may be modified by conditions contained herein: (Planning) a. Project drawings for Home Depot Inc., U.S.A. prepared by Greenburg Farrow Architects consisting of six sheets, dated May 13, 1991. b. Perspective Drawing dated May 13, 1991. c Applicants Description received AprilS, 1991. 2. Revised Plans and Elevations: Revised elevations and/or site plan indicating the following changes: a. Enhancement of the front facade to provide a more detailed entry way feature. b. Extend the arcade/buttress treatment of the building to the garden center. c. Relocate parking along the westerly side of the building to the south of the building. Revised plans indicating the relocation of employee parking shall be submitted to the Planning Department and approved by the Site and Architectural Review Committee. d. Adjust the footprint of the building to accommodate the revised parking layout using one or a combination of the following: (1) Adjust the footprint of the proposed building to provide a wider building frontage to the west and shorter building depth. Conditions of Approval GP 91.o2/ZC 91.ol/PD 91.01 Page -2- November 19, 1991 (2) Move the building location in a northerly direction. (3) Reduce the square footage of the building. Reviesed plans indicating relocation of the building footprint shall be submitted to the Planning Department and approved by the Site and Architectural Review Committee. e. Revise on-site circulation to provide cross-access through the longer parking aisles shown along the Hamilton Avenue frontage. f. Provide texture accent band treatment to side and rear building walls to provide additional building interest. g. Submit colors and material palette. h. Provide typical street sections for Salmar and Hamilton Avenues. Sidewalk widths and sections to be consistent with the site plan. Except as specified above, revised plans shall be submitted to the Planning Department and approved by the Planning Director prior to the issuance of building permits. (Planning) 3. Hours of Operation: Store hours of operation shall be limited to 6 a.m. to 9 p.m. Employee access to the site shall not be limited by hours of operation. (Planning) LANDSCAPING 4. Landscaping Plan: Landscaping plan indicating type and size of plant material, and location of the irrigation system to be submitted to the Planning Department, and approved by the Planning Director, prior to issuance of a building permits. The minimum size of trees and shrubs planted on-site, except as modified by conditions contained herein, shall be as follows: (a) Trees shall be a minimum of 15 gallon. (b) Shrubs shall be a minimum of 5 gallon with the exception of accent shrubs that shall be a minimum of 1 gallon. The landscape plan shall comply with the City's Water Efficient Landscape Standards (WELS). A WELS checklist shall be submitted with the final landscape plan. (Planning) 5. Street Frontage: Landscaping along the Hamilton Avenue and Salmar Avenue street Conditions of Approval GP 91~2/ZC 91~1/PD 91~1 Pa~ -3- November 19,1991 frontage shall consist of the following: a. New trees shall be 24 inch box, or their equivalent as approved by the Planning Director. Trees in the public right-of-way shall be approved by the Planning Director and the Public Works Director. b. 15 gallon shrubs, or their equivalent as approved by the Planning Director, shall be used to screen the view of the parking lot. Shrubs in the public right-of-way shall be approved by the Planning Director and the Public Works Director. (Planning/Public Works) c Irrigation system, including the irrigation system for public property, shall be installed and maintained by the private property owner. Irrigation plans for the public right-of-way shall be submitted to the Planning Department and approved by the Planning Director and the Public Works Director. 6. Screening 2f Allstate Building: The applicant shall screen the Allstate building from the Home Depot parking lot with landscaping. A plan for screening the building shall be submitted to the Planning Department and approved by the Planning Director prior to the issuance of building permits. 7. Screening 2f. 577 Salmar A venue a. The applicant shall install a soundwall along the south property line of 577 Salmar Avenue and shall be located entirely on the Home Depot site. The shall be located immediately south of the existing hedge on said property line. The sound wall and the adjacent landscaping shall be owned and maintained by Home Depot. Plans indicating the location and design details shall be submitted to the Planning Department and approved by the Planning Director prior to the issuance of building permits. (Planning) b. The applicant shall install four 24 inch box trees in front of 577 Salmar Avenue. Tree type to be submitted to the Planning Department and approved by the Planning Director. (Planning) c. The applicant shall install landscaping along the westerly property line of 577 Salmar A venue to provide visual screening from the project site. Species selected shall be fast growing trees and shrubs. Trees shall be a minimum of 24 inch box and shrubs shall be a minimum of 5 gallon. (Planning) Conditions of Approval GP 91.{)2/ZC 91.{)1/PD 91'{)1 Page -4- November 19, 1991 8. Screening Q{ Pacific Storage Buil(iing The applicant shall install a masonry wall along the northern property line of Pacific Storage. Plans indicating the location and design details shall be submitted to the Planning Department and approved by the Planning Director prior to the issuance of building permits. {Planning} 9. Tree Retention and Removal: a. Retain trees specified for retention in the tree report, prepared by Barrie D. Coate and Associates, dated March 13, 1991. b. No trees recommended for retention shall be removed without approval of the Planning Director. A plan detailing on-site trees to be removed shall be submitted to the Planning Department and approved by the Planning Director. c. Trees removed shall be mitigated in the following manner: (1) Tree that are recommended for retention in the tree analysis, with the exception of ginkgo and camphor trees, shall be mitigated by planting 36 inch box trees, or their equal as determined by the Planning Director. (2) Removal of ginkgo and camphor trees shall be mitigated by planting 15 gallon trees, or their equal as determined by the Planning Director. {3} Removal of pine trees along the western property line shall be mitigated by planting a 24 inch box trees, or their equal as determined by the Planning Director. d Procedures for the protection of trees during construction, detailed in the above referenced tree report, shall be followed. A detailed plan incorporating said procedures shall be submitted to the Planning Department and approved by the Planning Director prior to the issuance of building permits. e. Maintenance of trees shall be as described in the tree report, including watering, pruning and pest control. A detailed plan describing maintenance producers shall be submitted to the Planning Department and approved by the Planning Director prior to the issuance of building permits. (Planning) STREET I SITE IMPROVEMENTS 10. Occupancy: Occupancy shall not be allowed until public improvements are installed. {Public Works} 11. Parking and Driveways: a. All parking and driveway areas to be developed in compliance Conditions of Approval GP 91-02/ZC 91-01/PD 91-01 Page -5- ~ove~r19,1991 with Chapter 21.50 of the Campbell Municipal code. All parking spaces to be provided with appropriate concrete curbs or bumper guards. (Planning) b. Access along the western property line, from the building south, shall be limited to Emergency vehicles and lumber delivery trucks only. Access shall be limited by fencing or other control devices. A plan to limit access in this area shall be submitted to the Planning Department and approved by the Planning Director. c Realign the northern entry on Salmar A venue a minimum of five feet from the adjoining driveway at 577 Salmar A venue. (Public Works) d. Remove the connection from the Home Depot driveway to the A&M Homes driveway, or with approval from A&M Homes, relocate the connection further west and/or relocate the northerly Home Depot driveway. A minimum distance from face of curb on Salmar Avenue shall be 75 feet. (Public Works) e. Provide a key lock box, to enclosed areas, keyed to the Campbell Fire Department Knox Box System. UFC, Sec. 10.209. (Fire) f. Parking and driveway areas shall not be used for storage. g. Parking ratio shall be 1 space per each 200 square feet of gross floor area. h. The applicant shall revise the parking layout along entry driveways to accommodate a minimum setback of 75 feet to the first parking stall. (Public Works) 12. Sound Wall: a. Plans indicating location and design details of the sound wall to shall be submitted to the Planning Department and approved by the Site and Architectural Review Committee prior to issuance of a building permits. The sound wall shall be a 12 foot high acoustically effective barrier along the west and southwest property lines, as shown in Figure 2 of the Staff Report. The wall may stepped down in height as shown in the figure to a minimum height of eight feet. b. Construction of the sound wall must be as specified in the Noise Assessment Study prepared by Edward L. Pack Associates, Inc. (Planning) c The sound wall shall be designed to provide an attractive wall that complements the overall development of the site. 13. Lighting Plan: Lighting from the site shall not spillover to adjoining properties. A revised lighting plan, indicating that lighting will not spillover to the Conditions of Approval GP 91-o2/ZC 91-ol/PD 91-01 Pa~ -6- November 19, 1991 adjoining residential properties and that the average intensity of lighting does not exceed one foot candle, shall submitted to the Planning Department and approved by the Planning Director prior to the issuance of building permits. (Planning) 14. Soils and Geologic Report: A soils and geologic report shall be submitted to the Planning Department and Public Works Department for review prior to the issuance of building permits. The report shall include the investigation of the site's potential for surface rupture, ground acceleration, and liquefaction. The study shall recommend measures to reduce the potential for seismic hazards. (Planning/Public Works) 15. Grading. Drainage and Erosion Control Plans: Final grading, drainage and erosion control plans shall be submitted to the Planning Department and Public Works Department prior to the issuance of building permits. (Planning) 16. Street Improvements: a. Encroachment Permit Prior to issuance of building permits, the applicant shall submit improvement plans to the Public Works Department as required for the issuance of an encroachment permit, pay fees, and post surety for any and all work required within the public right-of-way. Improvement plans shall include, but not be limited to the following: b. Traffic: (1) Install a traffic signal and modify the intersection at the main driveway entrance at Hamilton Avenue and Almarida Drive. The left-turn lane from westbound Hamilton Avenue on to the site should provide a minimum of 75 feet for stacking. (2) Limit the westerly driveway on Hamilton Avenue for right turns movements in and out of the site. (3) Install traffic control devices at Almarida Drive south of David A venue to provide approximately a 90 second delay, to prevent cut through traffic to Winchester Boulevard. A conceptual design is shown in Figure 1. (Planning /Public Works) c Standard Street Improvements: Install standard street improvements, and/or modify existing street improvements, along Salmar and Hamilton Avenue frontages as directed by the City Engineer. (Public Works) Conditions of Approval GP 91-o2/ZC 91-o1/PD 91-01 Pa~ -7- November 19, 1991 17. Dedication: Dedicate additional right-of-way along Hamilton Avenue to accommodate public sidewalk location. 18. Signs: Sign program to be submitted in accordance with provisions of the Sign Ordinance for all signs. No sign to be installed until application is approved and permit issued by Planning and Building Departments (Section 21.53 of the Campbell Municipal Code). (Planning) 19. Parcel Map: Prior to the issuance of a building permit, a parcel map establishing the lot pattern shown on the approved exhibits must be filed (include additional dedication along Hamilton Avenue for the public sidewalk). The parcel map shall consolidate the Salmar parcels. (Public Works/Planning) 20. Deed Restrictions - Salmar Parcels: The applicant shall record an appropriate deed restriction and covenant running with the land assuring permanent vehicular, truck unloading, parking, and pedestrian access for all parcels within the project site. Said deed restriction shall provide for necessary reciprocal ingress and egress easements to and from the affected parcels. The deed restriction shall be approved by the City Attorney prior to recordation. Said deed restriction on the Salmar Parcels shall be limited to the period required to serve the adjoining parcel at 480 East Hamilton A venue. The Deed Restriction may only be released upon approval of the City Council. PROPERTY MANAGEMENT /UTILmES 21. Property Maintenance: After construction the site shall be kept free of weeds and trash and litter. 22. Garbage Collection: Ordinance No. 782 of the Campbell Municipal Code stipulates that any contract for the collection and disposal of refuse, garbage, wet garbage and rubbish produced within the limits of the City of Campbell shall be made with Green Valley Disposal Company. This requirement applies to all single-family dwellings, multiple family dwellings, and all commercial, business, industrial, manufacturing, and construction establishments. (Fire) Conditions of Approval GP 91-o2/ZC 91-ol/PD 91-01 Page -8- November 19, 1991 23. Trash Containers: Trash storage method(s) of a size and quality necessary to serve the development shall be located in area(s) approved by the Fire Department. Any enclosure(s) located outside the building and loading area shall consist of a concrete floor surrounded by a solid wall or fence and have self-closing doors of a size specified by the Fire Department. All enclosures to be constructed at grade level and have a level area adjacent to the trash enclosure area to service these containers. Trash enclosures shall be located on the east side of the building to avoid noise impacts on the residents along the western property line. (Fire) PUBLIC SAFETY/WELFARE 24. Handicapped Requirements: Applicant shall comply with all appropriate State and City requirements for the handicapped. (Building) 25. Underground Utilities: Underground utilities to be provided as required by Section 20.36.150 of the Campbell Municipal Code. (Public Works) 26. Utility Boxes and Back-Flow Preventers: Applicant to submit a plan to the Planning Department, prior to installation of PG&E transformer boxes and San Jose Water Company back-flow prevention devises, indicating the location of the boxes and screening (if boxes are above ground) for approval of the Planning Director. (Planning) 27. Equipment Screening: All mechanical equipment on roofs and all utility meters to be screened and approved by the Planning Director. (Planning) 28. Roof Equipment: The applicant shall supply noise specifications for all mechanical equipment proposed. The applicant shall supply an updated noise study to verify that noise generated by the equipment complies with the following: a. The Campbell Noise Element standards. b. Should the noise level exceed Campbell standards the noise report shall specify mitigation measures. Conditions of Approval GP 91-o2/ZC 91-ol/PD 91-01 Page -9- ~ovennber19,1991 29. Utility Connections: Plans submitted to the Building Division for plan check shall indicate clearly the location of all connections for underground utilities including water,storm and sewer, electric, telephone and television cables, etc. (Building) 30. Construction Mitigation: a. Hours of construction shall be limited to 8 a.m. to 5 p.m. Monday - Friday. b. The construction site shall be sprinkled with water as necessary, but not less than twice per day, to control dust. c. Haul trucks and material stockpiles shall be covered. d The construction area and surrounding streets shall be swept as necessary, but not less than once daily. (Planning) 31. Sewer: Comply with requirements of the West Valley Sanitation District for sewer hook up. (Planning) 32. Lumber Door Receivin& Hours: Receiving hours for the lumber door shall be 9 a.m. to 5 p.m. Monday - Friday. (Planning) 33. ~ IV Building Designation: Type IV building designation requires full compliance with heavy timber construction provisions, including columns, roof framing and decks and details. UBC 2106 (Building Department) 34. Building Clearance: Comply with UBC requirements for clearance around the building based on the type of construction and floor area. (Building) 35. Garden Center: The outdoor garden center shall not be covered. (Building) 36. Occupant load: Based on an occupant load factor of 30 square feet per person, provide total exit width of 67 feet, with a minimum of four exists. UBC 3303 (Building Department). 37. Storase Areas: High piled combustible storage areas within the building shall be in full compliance with UFC, Article 81 requiring special fire sprinkler Conditions of Approval GP 91~/ZC 91..()1/PD 91"()1 Pa~e -10- ~ovetnber19,1991 applications; fire hose outlets and hose cabinets, or agreed upon substitutes; smoke and heat venting; and curtain boards. Where high piled storage areas in a constant state of change, all fire protection and fire control devices shall be designed to the satisfaction of the Fire Chief. (Fire) 38. Hazardous Materials: Submit long form Hazardous Materials Management Plan for hazardous materials including the propane tank prior to issuance of the building permit. (Fire) 39. Garden Area: Sufficient exit width to serve the occupant load of the building shall be maintained to a public way. Sufficient exit width to serve the garden center shall be maintained to a public way. 40. Exit Doors: Sliding exit doors shall be in compliance with UBC, Standard 33-1 and UBC, Sec. 3304 (h) for power operated exit doors. (Fire) 41. Yard Separation: Provide an allowable area study with documentation of easement needed for increased yard separation to justify the building area permitted in UBC, Sec. 505 & 506. (Fire) 42. Fire Hydrants: On site fire hydrants are required located as directed by the Fire Department. (Fire) 43. Outdoor Storage: Outdoor storage shown on the south side of the property shall not obstruct the minimum 20 foot wide fire department access required in UFC, Sec. 10.207. Outdoor storage shall not allow stormwater runoff to become contaminated and enter the public storm system. (Fire/Public Works) 44. Storm Drain Area Fees: Pay storm drain fees of $21,757. ($2,250/acre) (Public Works) 45. NPDES Permit: Applicant is advised that the Regional Water Quality Control Board will require that all construction on sites larger than five acres will require the project to be covered by an NPDES permit. Permit Conditions of Approval GP 91-02/ZC 91-Ol/PD 91-01 Pa~ -11- November 19, 1991 conditions may require construction and post-construction stormwater management plans. The applicant is responsible for obtaining this permit, and paying associated fees and providing plans as required. 46. Sprinkler System: The building shall be fully sprinklered as required by the Campbell Municipal Code section 10.308. In sprinklered buildings with more than 10,000 square feet of floor area, 1-1/2" hose outlets for fire department use shall be provided on each floor as described in the Campbell Municipal Code. 47. Parking Lot Sweeping: Sweeping of the parking lot shall be limited to 7 a.m. to 9 p.m. Noise from sweeping equipment shall comply with the Campbell Noise Element Standards. The applicant shall submit information verifing that noise generated by the equipment complies with City noise standards. 48. Salmar Property Acquisition Should the properties on Salmar A venue not be acquired in accordance with the Disposition and Development Agreement, this Planned Development Agreement shall be null and void. (Redevelopment)