Admin PD - 2008December 2, 2008
Jose Garcia
19944 Homestead Road
Cupertino, CA 95014
Re: Administrative Planned Development Permit
File No: PLN2008-170
780 W. Hamilton Ave
Dear Mr. Garcia,
The Community Development Director has conditionally approved your Administrative Planned
Development Permit to allow the establishment of a produce and convenience market within an
existing vacant commercial tenant space on property located at 780 W. Hamilton Avenue within
the P-D (Planned Development) Zoning District. This approval is subject to the attached
Conditions of Approval.
This action is effective in ten calendar days, unless appealed in writing to the City Clerk by 5:00
p.m. on December 11, 2008.
Please note that pursuant to Planning Division Condition of Approval #1, a signed copy of the
attached Conditions of Approval must be received by the Planning Division within thirty days (by
December 31, 2008) of the Community Development Director's decision.
If you should have any questions regarding this approval, please do not hesitate to contact me at
(408) 866-2142 or by email at stevep@cityofcampbell.com.
Sincerely,
Steve L. Prosser
Associate Planner
encl: Findings and Conditions of Approval for File No. PLN2008-170
cc: Jackie C. Young, Acting Community Development Director
Theofilos Fkiaras, Property Owner, 7172 McLean Court, San Jose, CA 95120
FINDINGS FOR APPROVAL OF FILE NO. PLN2008-170
SITE ADDRESS: 780 W. Hamilton Avenue
APPLICANT: Jose Garcia
DATE: December 1, 2008
Findings for Approval of an Administrative Planned Development Permit for the establishment of
a produce and convenience market on property located at 780 W. Hamilton Avenue
The Community Development Director finds as follows with regard to file number PLN2008-170:
1. The project will be consistent with the General Plan land use designation of
Commercial/Professional OfficelResidential, as the C-1 or C-2 Zoning Districts, which may be
used to determine allowable uses in this specific P-D zoning district, allows for the
establishment of produce market retail uses.
2. The project will be consistent with the P-D (Planned Development) Zoning District with
approval of an Administrative Planned Development Permit.
3. The project site is .93 acres and is located on the south side of W. Hamilton Avenue between
Marathon Drive and Darryl Drive. The property is surrounded by commercial uses to the
north, east and west and residential uses to the south.
4. The subject property is currently developed with aone-story multi-tenant commercial
building.
5. The existing 130 parking spaces will adequately address the parking needs of the subject site
and the new retail use.
6. The establishment of a 3,346 square foot produce and convenience market will not create a
nuisance due to litter, noise, traffic, vandalism, or other factors:
7. The establishment of a produce and convenience market will not significantly disturb the
peace and enjoyment of the nearby residential neighborhood.
8. The business operating hours shall be restricted to 7:00 a.m. and 10:00 p.m. daily.
9, Business related activity shall be restricted to 6:00 a.m. to 11:00 p.m. daily. Business related
activity includes set-up and clean-up activities. No employees shall be allowed on site- prior to
6:00 a.m. and after 11:00 p.m., except for emergencies.
10. No exterior modifications to the building are proposed.
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 Community Development Director further finds and
concludes that:
1. The proposed development will result in a more desirable environment and use of the land
than would be possible under any other zoning classification.
2. The development will be compatible with the General Plan of the City and will aid in the
harmonious development of the immediate area.
3. The development will be compatible with the Zoning Code of the City.
4. The proposed development will not be detrimental to the health, safety or welfare of the
neighborhood or the City as a whole.
5. The parking will adequately meet the demands generated by the change in use, and will not be
detrimental to the overall parking and circulation in the area.
6. There is a reasonable relationship and a rough proportionality between the Conditions of
Approval and the impacts of the project.
7. There is a reasonable relationship between the use of the fees imposed upon the project and the
type of development project.
8. 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.
CONDITIONS OF APPROVAL FOR FILE NO. PLN2008-170
SITE ADDRESS: 780 W. Hamilton Avenue
APPLICANT: Jose Garcia
DATE: December 1, 2008
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. Where approval by the Community Development Director, 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 Community
Development Director Approval, the applicant shall sign the final, approved set of Conditions
of Approval. Until said Conditions are signed, the proposed Administrative Planned
Development Permit shall not be valid for any permits sought from the City.
2. Approved Project: Approval is granted for an Administrative Planned Development Permit
(PLN2008-170) for the establishment of a produce and convenience market located at 780 W.
Hamilton Avenue only. The project shall substantially conform to the project plans and
project description received by the Planning Division on October 31, 2008, except as maybe
modified by the conditions of approval contained 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. Administrative Planned Development Permit Approval Expiration: The Administrative
Planned Development Permit approval shall be valid for one year from the date of final
approval. Within this one-year period a building permit must be obtained and construction
completed one year thereafter or the use must be established on the property and all Conditions
of Approval fulfilled (if no building permit is required). Failure to meet these deadlines will
result in the Administrative Planned Development Permit being void.
4. Revocation of Permit: Operation of the use in violation of the Administrative Planned
Development Permit or any standards, codes, or ordinances of the City of Campbell shall be
grounds for consideration of revocation of the Administrative Planned Development Permit by
the Community Development Director.
5. Periodic Review of Use: The Community Development Director shall require a review of the
Administrative Planned Development Permit upon the completion of one year of operation.
Additionally, the Community Development Director may review the Administrative Planned
Development Permit based upon a verified complaint filed with the Community Development
Director at any time the need occurs.
6. Operational Hours: The hours of operation shall be restricted to 7:00 a.m. to 10:00 p.m. daily.
7. Business Related Activity: Business related activity shall be restricted to 6:00 a.m. to 11:00
p.m. daily. Business related activity includes set-up and clean-up activities. No employees
shall be allowed on site- prior to 6:00 a.m. and after 11:00 p.m., except for emergencies.
8. 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. Alcohol Sales: No sale of alcoholic beverages shall be permitted through this Administrative
Planned Development approval process.
10. Sig aye: 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.
11. Location of Mechanical Eguipment: 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. Parking, Driveways, and Maintenance: All parking and driveway areas shall be developed and
maintained in compliance with the approved plans and Chapter 21.28 (Parking and Loading)
of the Campbell Municipal Code. The project site shall maintain the 59 parking at all times.
All parking areas shall be regularly swept and cleaned to remove litter and debris from the
parking areas and driveways.
13. Landscape Maintenance: The owner/operator of the property shall provide on-going
maintenance of the existing on-site landscaping.
14. On-Site Li hg tins: On-site lighting shall be shielded away from adjacent properties and
directed on site. The design and type of lighting fixtures and lighting intensity of any
proposed exterior lighting for the project shall be reviewed and approved by the Community
Development Director prior to installation of the lighting for compliance with all applicable
Conditions of Approval, ordinances, laws and regulations. Lighting fixtures shall be of a
decorative design to be compatible with the residential development and shall incorporate
energy saving features.
15. Loitering: There shall be no loitering allowed outside the business in the rear parking lot or
the side parking lot areas.
16. Outdoor Storage: No outdoor storage is permitted on the subject property. No equipment or
materials shall be stored outside the building or within the parking lot.
17. Noise:
a. Noise Standard: Any noises, sounds and/or voices, including but not limited to amplified
sounds, loud speakers, sounds from audio sound systems, music, and/or public address
system, generated by the subject use shall not be audible to a person of normal hearing
capacity from any residential property.
b. Noise Mana eg ment: 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 for an
Administrative Hearing for review.
18. Trash & Clean Un: Trash and clean up shall not be done in the late evening or early morning
hours. All trash and clean up shall be done between 6:00 a.m. and 11:00 p.m. daily.
19. Construction Activities: The applicant shall abide by the following requirements during
construction:
a. Construction activities shall be limited to weekdays between 8:00 a.m. and 5:00 p.m. and
Saturdays between 9:00 a.m. and 4:00 p.m. No construction shall take place on Sundays or
holidays unless an exception is granted by the Building Official.
b. Truck routes to and from the construction site should be established and submitted to the
City for review and approval prior to issuance of a building permit. These truck routes
shall avoid access to the project site via residential streets where possible.
c. All construction equipment with internal combustion engines used on the project site shall
be properly muffled and maintained in good working condition.
d. Unnecessary idling of internal combustion engines shall be strictly prohibited.
All stationary noise-generating construction equipment, such as air compressors and
portable power generators, shall be located as far as possible from noise-sensitive receptors
such as existing residences and businesses.
f. Prior to the issuance of building permits, the project site shall be posted with the name and
contact number of the lead contractor in a location visible from the public street so that the
contractor can be made aware of noise complaints.
g. Construction equipment, vehicles, and workers associated with the development of the
project shall not be permitted to park on any residential streets.
Building Division:
20. 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.
21. Construction Plans: The conditions of approval shall be stated in full on the cover sheet of
construction plans submitted for building permit.
22. Size of Plans: The size of construction plans submitted for building permits shall be 24 inches
by 36 inches.
23. 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.
24. 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.
25. 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.
26. Special Inspections: When a special inspection is required by C.B.C. Chapter 17, 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
C.B.C Appendix Chapter 1, Section 106. Please obtain City of Campbell, Special Inspection
forms from the Building Inspection Division Counter.
27. 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.
28. 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.
29. 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.
30. 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. Santa Clara County Department of Environmental Health
31. 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.
FIRE DISTRICT:
32. Required Fire Flow: The fire flow this project is 1,500 gpm at 20 psi residual pressure. The
adjusted fire flow is available from area water mains and fire hydrant(s) which are spaced at
the required spacing. NOTE: records indicate the building is equipped with a fire sprinkler
system. The installation of coolers and freezers may require the installation of specialized fire
sprinkler heads designed for these environments.
Any modifications which affect the operation of the existing fire sprinkler system, including a
change in ceiling configuration, must be approved in advance, and in writing, by this office.
Any work performed on the fire sprinkler system must be performed by a State of California
licensed (C-16) Fire Protection Contractor who shall submit plans, calculations, a completed
permit application and appropriate fees to this department for review and approval prior to
beginning their work.
To prevent plan review and inspection delays, the above noted Developmental Review
Conditions shall by addressed as "notes" on all pending and future plan submittals and
any referenced diagrams to be reproduced onto the future plan submittal.
Acknowledged & Accepted:
Jose Garcia, Applicant