Use Permit - Temporary Cargo - 2007October 15, 2007
Home Depot USA
Attn: Beverly Metz
3800 W. Chapman
Orange, CA 92868
Re: PLN2007-86 - 480 E. Hamilton Avenue-Use Permit-Temporary Cargo Containers
Dear Applicant:
Please be advised that at its meeting of October 9, 2007, the Planning Commission
adopted Resolution No. 3843 approving a Conditional Use Permit (PLN2007 -86)
allowing a limited-term use of four 320 square foot temporary cargo storage containers
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, October 19, 2007. 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 Government Code Section 65009
or some other applicable provision) sets forth a more specific time period.
If you have any questions, please do not hesitate to contact me at (408) 866-2140.
Steve Prosser
Planner I
cc: Matthew D. Francois, Esq. (Attorney for Home Depot)
Cassidy, Shimko, et al
20 California Street, Suite 500
San Francisco, CA 94111
70 North First Street . Campbell, California95008-14~6 . TEL408.866.:l140 . FAX 408.871.5140 . IDo408.866.:l790
RESOLUTION NO. 3843
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT
(PLN2007-86) ALLOWING A L1MTED-TERM USE OF FOUR 320-
SQUARE FOOT TEMPORARY CARGO STORAGE CONTAINERS
ON PROPRETY OWNED BY HOME DEPOT USA LOCATED AT 480
E. HAMILTON AVENUE IN A P-D (PLANNED DEVELOPMENT)
ZONING DISTRICT. APPLICATION OF MS. BEVERLY METZ, ON
BEHALF OF HOME DEPOT USA. FILE NO.: PLN2007-86.
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 PLN2007 -86.
1. The proposed projects consists of four (4) temporary storage containers for the storage
of seasonal and overflow merchandise for a retail home improvement store on the
subject property.
2. The development of the proposed project will result in a use that is consistent with the
General Plan land use designation of General Commercial.
3. The proposed temporary cargo storage containers are consistent with the P-D
(Planned Development) Zoning designation for the site with approval of a Use Permit.
4. The project site complies with current parking requirements for a home improvement
use with an outdoor display area and the temporary storage containers.
5. The proposed operational hours are 6:00 a.m. to 9:00 p.m. daily.
6. The project qualifies as a Categorically Exempt project per Section 15311, Class 11
(Minor Structures) of the California Environmental Quality Act (CEQA).
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. The proposed project is consistent with the General Plan and Zoning Ordinance.
2. The proposed project does not adversely affect the required parking facilities for the
property.
3. The proposed project is architecturally compatible with existing and neighboring
structures to the extent possible including building materials, colors, and roof elements.
4. The proposed project, as conditioned, does not impair the orderly and harmonious
development of the immediate area.
Planning Commission Resolution No. 3843
PLN2007-86 - 480 E. Hamilton Avenue - Use Permit - Temporary Cargo Containers
Page 2
5. No substantial evidence has been presented 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.
6. The establishment, maintenance, or operation of the proposed use at the location
proposed will not be detrimental to the comfort, health, morals, peace, safety, or
general welfare of persons residing or working in the neighborhood of the proposed
use, or be detrimental or injurious to property and improvements in the neighborhood
or to the general welfare of the city. The subject site is adequate in size and shape to
accommodate the yards, walls, fences, parking and loading facilities, landscaping, and
other development features required in order to integrate said use with uses in the
surrounding area.
7. The subject site is adequately served by streets of sufficient capacity to carry the kind
and quantity of traffic such use would generate.
8. There is a reasonable relationship between the use of the fees imposed upon the
project and the type of development project.
9. There is a reasonable relationship and a rough proportionality between the Conditions
of Approval and the impacts of the project.
THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional
Use Permit (PLN2007-86) allowing a limited-term use of four 320-square foot temporary
cargo storage containers on property owned by Home Depot USA located at 480 E.
Hamilton Avenue in a P-D (Planned Development) Zoning District.
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
Planning Division:
1. Declaration of Acceptance of All Conditions: Within thirty (30) days of Planning
Commission approval, the applicant shall sign the final, approved set of Conditions of
Approval. Until said Conditions are signed, the proposed Use Permit shall not be valid
for any permits sought from the City.
Planning Commission Resolution No. 3843
PLN2007-86 - 480 E. Hamilton Avenue - Use Permit - Temporary Cargo Containers
Page 3
2. Approved Proiect: Approval is granted for a Conditional Use Permit (PLN2007 -86)
allowing four (4) temporary cargo storage containers for a home improvement retail use
located at 480 E. Hamilton Avenue. The site layout and design shall substantially
comply with project description and plans received by the Community Development
Department dated August 31, 2007, except as may be modified by the Conditions of
Approval herein.
* Planning sign off is required to prior to Building Permit final. Construction not in
substantial compliance with the approved project plans shall not be approved without
prior authorization of the necessary approving body.
3. Conditional Use Permit Approval Expiration: The Conditional Use Permit approval
shall be valid for six (6) months from the date of final approval, with an automatic
extension of an additional 6 months (total allowed time of 1 year) if a code compliant
permanent storage solution plan is provided and accepted by the Community
Development Director, not involving temporary storage containers, by the end of the
original 6 month time limit.
4. Prior Conditions of Approval: The Condition of Approval contained herein are in
addition to the Conditions of Approval in Ordinance 1840 (Approval of PD91-01)
modified by Ordinance 1901 (M94-03 - Approval of the Modification of a previously
approved Planned Development Permit), and most recently modified by Ordinance
2015 (PLN2001-109 - Approval of the Modification of a previously approved Planned
Development Permit. All of the Conditions of Approval for Ordnances 1841, 1901, and
2015 remain in effect.
5. Limitation on Future Applications: The applicant is restricted from re-applying for the
use and restricted from placing storage containers on the subject property for a period
of 3 years after the expiration of the current Use Permit approval.
6. 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.
7. Outdoor Storaoe: No outdoor storage is permitted on the subject property other than
previously approved by Ordinances 1841, 1901, and 2015.
8. Operational Hours: The hours of operation for the trailer shall be limited to 6:00 a.m. to
9:00 p.m. daily.
9. 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, without exception.
Planning Commission Resolution No. 3843
PLN2007-86 - 480 E. Hamilton Avenue - Use Permit - Temporary Cargo Containers
Page 4
PASSED AND ADOPTED this 9th day of October, 2007, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Alderete, Ebner, Gibbons, Rocha and Roseberry
None
Doorley
None
APPROVED: 11 ~ !&
Michael Rocha, Chair
ATTEST:
o