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Use Permit - Ace Hardware - 2006February 15, 2007 Mr. Ali Azimian 20555 Sprawling Oaks Court San Jose, CA 95120 Re: PLN2006-192 - 148 N. San Tomas Aquino Road -Use Permit -ACE Hardware Dear Applicant: Please be advised that at its meeting of February 13, 2007, the Planning Commission adopted Resolution No. 3793 granting a Conditional Use Permit (PLN2006-192) to allow the establishment of an ACE Hardware Store within an existing shopping center 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, February 23, 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. Sincerely, Kimberly Brosseau Planner II Cc: AI-Mor San Tomas Plaza (Property Owner) 888 N. First Street, Suite A San Jose, CA 95112 70 North First Street ~ Campbell, California 95008-1436 TEL 408.866.2140 EAx 408.871.5140 ~ TDD 408.866.2790 RESOLUTION NO. 3793 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2006-192) TO ALLOW THE ESTABLISHMENT OF AN ACE HARDWARE STORE WITHIN AN EXISTING SHOPPING CENTER ON PROPERTY OWNED BY JOSEPH F. ALVES TRUSTEE ET AL LOCATED AT 148 N. SAN TOMAS AQUINO ROAD, IN A C-1-S (NEIGHBORHOOD COMMERCIAL) ZONING DISTRICT. APPLICATION OF MR. ALI AZIMIAN. FILE NO: PLN2006-192. 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 PLN2006-192. 1. The proposed hardware store is consistent with the Neighborhood Commercial General Plan land use designation. 2. The proposed hardware store will be compatible with the C-1 (Neighborhood Commercial) zoning designation with approval of a Conditional Use Permit. 3. The project site consists of a 17,440 square feet hardware store (ACE Hardware) in an existing multi-tenant commercial building. 4. The project site is located on the east side of San Tomas Aquino Road, in the San Tomas Plaza, on the corner of San Tomas Aquino Road and East Campbell Avenue. The property is surrounded by residential uses on the north and east and commercial and residential uses on the west and south. 5. The proposed project is consistent with other developments and uses in the surrounding area. 6. No exterior modifications to the building are proposed in conjunction with the proposed hardware store. 7. The hours of operation shall be restricted to 7:00 a.m. to 9:00 p.m. Monday through Friday, 7:00 a.m. to 7:00 p.m. on Saturday, and 8:00 a.m. to 7:00 p.m. on Sunday. 8. The hours of business shall be restricted to 8:00 a.m. to 8:00 p.m. Monday through Friday, 8:00 a.m. to 6:00 p.m. on Saturday, and 9:00 a.m. to 6:00 p.m. on Sunday. 9. Delivery hours shall be restricted to 8:00 a.m. to 5:00 p.m. Monday through Saturday. Planning Commission Resolution No. 3793 PLN2006-192 - 148 N. San Tomas Aquino Road -Use Permit -ACE Hardware Page 2 10. The hours of forklift operation shall be restricted to 8:00 a.m. to 2:00 p.m. Monday through Saturday. 11. The project qualifies as a Categorically Exempt project per Section 15301, Class 1 (Existing Facilities) 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. 2. The proposed use is allowed within the applicable zoning district with Conditional Use Permit approval, and complies with all other applicable provisions of this Zoning Code and the Municipal Code. 3. The proposed site is adequate in terms of size and shape to accommodate the fences and walls, landscaping, parking and loading facilities, yards, and other development features required in order to integrate the use with uses in the surrounding area. 4. The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic the use would be expected to generate. 5. The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses on-site and in the vicinity of the subject property. 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. 7. No substantial evidence has been presented which shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. 8. 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 (PLN2006-192) to allow the establishment of an ACE Hardware Store within an existing shopping center on property owned by Joseph F. Alves Trustee et al located at 148 N. San Tomas Aquino Road in a C-1-S (Neighborhood Commercial) Zoning District. Planning Commission Resolution No. 3793 PLN2006-192 - 148 N. San Tomas Aquino Road -Use Permit -ACE Hardware Page 3 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 Approved Project: Approval is granted for a Conditional Use Permit (PLN2006-192) for a new hardware store (ACE Hardware) located at 148 N. San Tomas Aquino Road. The project shall substantially conform to the project plans and project description received by the Planning Division on December 27, 2006, except as may be modified by the conditions of approval contained herein. 2. Conditional Use Permit Approval Expiration: The Conditional Use Permit approval shall be valid for one year from the date of final approval. Within this one-year period, the use must be established on the property and the conditions of approval satisfied. Failure to meet this deadline will result in the Conditional Use Permit being void. . 3. Revocation of Permit: Operation of the use in violation of the Conditional Use Permit or any standards, codes, or ordinances of the City of Campbell shall be grounds for consideration of revocation of the Conditional Use Permit by the Planning Commission. 4. Business Hours: The hours of operation shall be restricted to 8:00 a.m. to 8:00 p.m. Monday through Friday, 8:00 a.m. to 6:00 p.m. on Saturday, and 9:00 a.m. to 6:00 p.m. on Sunday. The closing time shall mean the business is closed and all employees have exited the building. 5. Operational Hours: The hours of operation shall be restricted to 7:00 a.m. to 9:00 p.m. Monday through Friday, 7:00 a.m. to 7:00 p.m. on Saturday, and 8:00 a.m. to 7:00 p.m. on Sunday. The closing time shall mean the business is closed and all employees have exited the building. 6. Delivery Hours: The hours for deliveries shall be restricted to 8:00 a.m. to 5:00 p.m. Monday through Saturday. The receiving doors shall not remain left in the open position and no activity is permitted along the northern property line beyond the permitted hours of delivery. Planning Commission Resolution No. 3793 PLN2006-192 - 148 N. San Tomas Aquino Road -Use Permit -ACE Hardware Page 4 7. Forklift Operation: a. Operation of forklifts along the northern property line shall be limited to 8:00 a.m. to 2:00 p.m. Monday through Saturday. The receiving doors shall not remain left in the open position and no activity is permitted along the northern property line beyond the permitted hours of operation. b. Only electric forklifts may be utilized at the site. 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. 9. signage: No signage is approved as part of the development application approved herein. All signage shall be installed and maintained consistent with the provision of the Sign Ordinance, Chapter 21.30 of the Campbell Municipal Code. 10. Loitering: There shall be no loitering allowed outside the business in the rear parking lot or the side parking lot areas. The business owner is responsible for monitoring the premises to prevent loitering. 11. Location of Mechanical Equipment: No roof-mounted mechanical equipment (i.e. air conditioning units, ventilation ducts or vents), shall be added to the existing building without providing screening of the mechanical equipment from public view and surrounding properties. The screening material and method shall be architecturally compatible with the building and requires review and approval by the Community Development Director and Building Division prior to installation of such screening. 12. Outdoor Storage: No outdoor storage is permitted on the subject property. No equipment, materials or business vehicles shall be parked and/or stored outside the building or within the parking lot. 13. Outdoor Display Areas: Racks displaying flowers shall be limited to the area in front of the hardware store and to the months of March through September. A five foot pedestrian access must be provided at all times. This walkway must provide for pedestrian access to doors and walkways. 14. Outdoor Cooking: No outdoor cooking, including portable barbeques, is permitted on the subject property. 15. Cart Storage Areas: Cart storage areas shall be located inside the hardware store and carts left outside in the parking areas shall be brought inside store by store personnel on a daily basis as noted to keep the parking areas clear of carts. Planning Commission Resolution No. 3793 PLN2006-192 - 148 N. San Tomas Aquino Road -Use Permit -ACE Hardware Page 5 16. Noise: a. Noise Standard: Any noises, sounds and/or voices, including but not limited to amplified sounds, loud speakers, sounds from audio sound systems, and/or music, generated by the subject use shall not be audible to a person of normal hearing capacity from any residential property. Public address systems of all types are strictly prohibited. b. Noise Management: In the event complaints are received by the City regarding noise, the Community Development Director may immediately modify the hours of operation and/or limit the extended hours of operation, subject to the project being brought back to the Planning Commission for review. c. Front and Rear Doors: The front and rear doors to the business shall not remain in an open position during business hours. 17. Trash & Clean Up: All trash, normal clean up, carpet cleaning, etc. shall not be done in the late evening or early morning hours. All clean up shall be done between 8:00 a.m. and 9:00 p.m. daily. 18. Parking and Driveways: All parking and driveway areas shall be maintained in compliance with the standards in Chapter 21.28 (Parking & Loading) of the Campbell Municipal Code. Building Division: 19. Permits Required: A building permit application shall be required for the proposed change in use in an existing commercial structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 20. Construction Plans: The conditions of approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 21. Size of Plans: The size of construction plans submitted for building permits shall be 24 inches by 36 inches. 22. Plan Preparation: This project requires plans prepared under the direction and oversight of a California licensed Engineer or Architect. Plans submitted for building permits shall be "wet stamped" and signed by the qualifying professional person. 23. Site Plan: Application for building permit shall include a competent site plan that identifies property and proposed structures with dimensions and elevations as appropriate. The site plan shall also include site drainage details, site address, and parcel numbers. Site parking and path of travel to public sidewalks shall be detailed. Planning Commission Resolution No. 3793 PLN2006-192 - 148 N. San Tomas Aquino Road -Use Permit -ACE Hardware Page 6 24. Title 24 Energy Compliance: California Title 24 Energy Standards Compliance forms shall be blue-lined on the construction plans. Compliance with the Standards shall be demonstrated for conditioning of the building envelope and lighting of the building. 25. Special Inspections: When a special inspection is required by U.B.C. Section 1701, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the building permits, in accordance with U.B.C Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 26. Non-Point Source: The City of Campbell, standard Santa Clara Valley Non-point Source Pollution Control Program specification sheet shall be part of plan submittal. The specification sheet (size 24" X 36") is available at the Building Division service counter. 27. Title 24 Accessibility -Commercial: On site general path of travel shall comply with the latest California Title 24 Accessibility Standards. Work shall include but not be limited to accessibility to building entrances from parking facilities and sidewalks. 28. Title 24 Accessibility -Commercial: Projects seeking to use the Title 24 Hardship exemption clause shall blue-line completed, City of Campbell "20%" exemption form on submitted construction plans. Form is available at Building Division service counter. 29. Approvals Required: The project requires the following agency approval prior to issuance of the building permit: a. West Valley Sanitation District b. Santa Clara County Fire Department c. School District: i) Campbell Union School District (378-3405) ii) Campbell Union High School District (371-0960) iii) Moreland School District (874-2900) iv) Cambrian School District (377-2103) 30. P.G.& E.: Applicant is advised to contact Pacific Gas and Electric Company as early as possible in the approval process. Service installations, changes and/or relocations may require substantial scheduling time and can cause significant delays in the approval process. Applicant should also consult with P.G. and E. concerning utility easements, distribution pole locations and required conductor clearances. Planning Commission Resuiution No. 3793 PLN2006-192 - 148 N. San Tomas Aquino Road -Use Permit -ACE Hardware Page 7 PASSED AND ADOPTED this AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: 13th day of February, 2007, by the following roll call vote: Alderete, Ebner, Francois, Gibbons, Rocha and Roseberry None Doorley None APPROVED: Michael Rocha, Chair Sharon Fierro, Secretary