Admin PD - 2009CITY of CAMPBELL
Community Development Department
March 25, 2010
Ms. Beverly Metz
Home Depot USA, Inc.
3800 W. Chapman
Orange, CA 92868
Re: PLN2009-162- 480 E. Hamilton Avenue -Administrative PD Permit -Home Depot
Dear Applicant:
Please be advised that at its meeting of March 23, 2010, the Planning Commission adopted
Resolution No. 3978 approving an Administrative Planned Development Permit to allow
continued late night activity (overnight stocking of shelves) in conjunction with an existing
home improvement retail center (The Home Depot) 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, April 2, 2010. 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.
Please sign the acknowledgement on page 3 of the Resolution and return it to the Planning
Division, 70 N. First Street, Campbell, CA 95008, within 30 days. If you have any
questions; do not hesitate to contact me at (408) 866-2140.
Sincerely,
Steve Prosser
Associate Planner
cc Paul Kermoyan, Planning Manager
Ed Arango, Associate Engineer
Frank Mills, Senior Building Inspector
Chris Veargason, Deputy Fire Marshall II
Matt Francois, Esq., Sedgwick et al, One Market Plaza, Steuart Tower, 8th Floor, San
Francisco, CA 94105 (Rep for Home Depot)
RESOLUTION NO. 3978
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING AN ADMINISTRATIVE PLANNED
DEVELOPMENT PERMIT (PLN2009-162) TO ALLOW CONTINUED
LATE NIGHT ACTIVITY (OVERNIGHT STOCKING OF SHELVES) IN
CONJUNCTION WITH AN EXISTING HOME IMPROVEMENT
RETAIL CENTER (THE HOME DEPOT) LOCATED AT 480 E.
HAMILTON AVENUE. APPLICATION OF MS. BEVERLY METZ, ON
BEHALF OF HOME DEPOT USA, INC. FILE NO.: PLN2009-162.
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 PLN2009-162.
Environmental Finding
1. This project qualifies as Categorically Exempt under Section 15301 of the California
Environment Quality Act (CEQA), pertaining to the operation of an existing private
structure involving negligible or no expansion of use beyond that existing at the time of
the lead agency's determination.
Evidentiary Findings
2. The subject property is zoned P-D (Planned Development).
3. The General Plan designation of the subject property is General Commercial.
4. The project site has 443 parking spaces, where 360 parking spaces are required. The
provided parking is therefore in compliance with the minimum parking required.
5. The 9.63 acres project site is located on E. Hamilton Avenue between Harrison Avenue
and Salmar Avenue.
6. The use is a home improvement retail center that has been in existence since 1991.
7. The hours the business shall be open to the public shall be permitted from 6:00 a.m. to
9:00 p.m., seven days a week.
8. The hours employees may be on site to restock inventory within the fully enclosed main
building shall include 9:00 p.m. to 6:00 a.m. daily.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
Planning Commission Res~~ution No. 3978
PLN2009-162 - 480 E. Hamilton Avenue -Administrative PD Permit -Late Night Activity
Page 2
1. The proposed development will not create a nuisance due to litter, noise, traffic,
vandalism or other factors as the business has been in operation since 1991 and is in
compliance with all existing city regulations;
2. The establishment will not significantly disturb the peace and enjoyment of the nearby
residential neighborhood as the existing business does not violate any City noise
restriction;
3. The proposed development or uses clearly would result in a more desirable environment
and use of land than would be possible under any other zoning district classification in
that the proposed use provides a necessary service to the public;
4. The proposed development would be compatible with the general plan and will aid in the
harmonious development of the immediate area in that a home improvement retail center
is consistent with the existing adjacent commercial and industrial uses within the same
Zoning District;
5. The proposed development 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 in that the proposed use is not residential in nature;
6. The proposed development would not be detrimental to the health, safety or welfare of
the neighborhood or of the city as a whole in that the project, as proposed and
conditioned, is harmonious with other existing uses in the Zoning District; and,
7. The Proposed Conditions of Approval are sufficient to mitigate any detrimental impacts
specified that may be caused by this application.
THEREFORE, BE IT RESOLVED that the Planning Commission approves an Administrative
Planned Development Permit (PLN2009-162) to allow continued Late Night Activity
(overnight stocking of shelves) in conjunction with an existing home improvement retail
center (The Home Depot) located at 480 E. 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. 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:
Planning Commission Resolution No. 3978
PLN2009-162 - 480 E. Hamilton Avenue -Administrative PD Permit -Late Night Activity
Page 3
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division
Declaration of Acceptance of All Conditions: Within thirty (30) days of Community
Development Director Approval, the applicant and a!i parties in interest shall sign one {1)
copy of the final, approved set of Conditions of Approval. Until said Conditions are
signed, the approved Administrative Planned Development Permit shall not be valid for
any permits sought from the City.
Acknowie g d & Accepted:
/U
Bever) etz, on behalf of The Home Depot Date
2. Approved Project: Approval is granted for an Administrative Planned Development
Permit {PLN2009-162) to allow continued Late Night Activity (overnight stocking of
shelves) in conjunction with an existing home improvement retail center (The Home
Depot). The project shall substantially conform to the project site plan and operational
description dated as received by the Planning Division on January 19, 2010, except as
may be modified by the Conditions of Approval contained herein.
3. Transferability: Prior to issuance of a business license pursuant to this Administrative
Planned Development Permit, applicant shall be required to sign the final approved set of
Conditions of Approval.
4. Administrative Planned Development Permit Approval Expiration: The Administrative
Planned Development Permit approval shall be valid in perpetuity with continued
operation of the home improvement retail center. Abandonment, discontinuation, or
ceasing of operations for a continuous period of twelve months shall void the
Administrative Planned Development Permit approved herein.
5. Prior Conditions of Approval for Ordinances 1841, 1901 and 2015: The Conditions of
Approval contained herein are in addition to the Conditions of Approval contained in
Ordinance 1841, modified by Ordinance 1901, and most recently modified by Ordinance
2015 provided at attachment 5 of the staff report for reference.
6. Violations: 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 immediate modification of the approved late night hours of operation by the
Community Development Director and also the consideration of revocation of the
Administrative Planned Development Permit by the Planning Commission.
Planning Commission Res~~ution No. 3978
PLN2009-162 - 480 E. Hamilton Avenue -Administrative PD Permit -Late Night Activity
Paae 4
7. Business Operational Hours: The hours of operation where the business is open to the
public shall remain restricted to 6:00 a.m. to 9:00 p.m. daily. Indoor stocking of shelves
outside normal business hours shall be allowed 11:00 p.m. to 6:00 a.m. daily.
8. Outdoor Activity: At no time shall employees be outside the building during the hours of
11:00 p.m. to 6:00 a.m., except for arriving prior to start of shift, during a scheduled meal
break to leave the site for food, and immediately leaving the property at the end of the
work shift. During the hours of 11:00 p.m. to 6:00 a.m. employee activity outside the main
building in excess of 5 minutes shall constitute a violation of the Conditions of Approval.
The use of mechanical equipment, including but not limited to fork lifts, pallet jacks,
refuse compactor, hand truck, cardboard bailer, etc., outside of the fully enclosed and
secure building is prohibited during the hours of 11:00 p.m. to 6:00 a.m. This prohibition
is in addition to the previous limitations for outdoor work related activity currently in place
pursuant to City Council Ordinance #2015.
9. Late Night Activity Employee Parking: All employees who are scheduled to work between
the hours of 11:00 p.m. and 6:00 a.m. shall enter onto the site using the Salmar Avenue
driveway closest to Hamilton Avenue park their vehicles in the Salmar Avenue parking
area, east of the Garden Center. At no time shall late night employees park in the
designated employee parking area located adjacent to the residential uses.
10. Si~nage: 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. Noise:
a. Noise Management: In the event substantiated complaints are received by the City
regarding noise, the Community Development Director may immediately modify the
Late Night Activity Permit hours of operation, subject to the project being brought
back to the Planning Commission for review.
b. Front, Side and Rear Doors: The front and side doors to the business shall not
remain in an open position during business hours or overnight activity hours.
c. Provision of Video Records: In the event that a noise complaint based on late night
activities is received by the City's Code Enforcement staff, Home Depot shall, upon
request of Code Enforcement staff, make available to the City a copy of video
recorded from on site security cameras and/or door records for the time of the
complaint.
12. 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.
13. 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.
Planning Commission Resolution No. 3978
PLN2009-162 - 480 E. Hamilton Avenue -Administrative PD Permit -Late Night Activity
Page 5
14. 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.
15. Training for All New Store General Manager(s): Each time a new general manager
assumes responsibility for this location, said manager shall contact the Community
Development Department within their first month on site to schedule an orientation
meeting with planning staff to become familiar with the specific conditions of approval in
place for this location.
16. Replacement of Flashing to Obscure Overflow Drain Ports: Flashing shall be installed
around the roof overflow drain ports to obscure those ports from view from nearby
residences. This work shall be complete within 20 days of this Administrative Planned
Development Permit approval.
17. Compliance with Previously Imposed Conditions of Approval: Home Depot management
will continue to ensure that operation of this facility honors all assigned conditions of
approval for this location.
PASSED AND ADOPTED this 23~d day of March, 2010, by the following roll call vote:
AYES: Commissioners: Ebner, Gibbons, Reynolds, Rocha and Roseberry
NOES: Commissioners: None
ABSENT: Commissioners: None
ABSTAIN: Commissioners: Alster and Cristina
~~
APPROVED''
' a h Gibbons, Chair
ATTEST:
Kirk 'c ,Secretary