PC Res 3380RESOLUTION 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 heating, as specified by law, and after presentation by the
Community Development Director, proponents and opponents, the heating was closed.
After due consideration of all evidence presented, the Planning Commission 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.
Planning Commission Resomtion No. 3380
PLN2001-109 - 480 E. Hamilton Ave - Modifications to Conditions - PD Permit - 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.
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
Prqject 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.
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.)
o
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 Resomtion No. 3380
PLN2001-109 - 480 E. Hamilton Ave - Modifications to Conditions - PD Permit - Home Depot
Page 3
Hours of Operation: The hours of operation and any activity at the site are limited as
follows:
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 track 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.
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 at~er 11:00 p.m. and/or before 6:00
a.m. There is no Conditional Use Permit approved for this site.
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:
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.
ii.
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:
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.
ii.
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
terminus to the end of the Home Depot building at the Public Storage property line.
Planning Commission Reso,,tion No. 3380
PLN2001-109 - 480 E. Hamilton Ave - Modifications to Conditions - PD Permit - Home Depot
Page 4
6. Site Improvements to Control Truck Traffic:
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.
bo
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.
Co
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:
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.
bo
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.
o
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 Heating
can be scheduled for consideration of a permanent reduction of operational hours.
10. Letter from Home Depot Corporate Officials Acknowledging Commitment to Resolving 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,,tion No. 3380
PLN2001-109 - 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 complaints 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:
ATTEST:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Alderete, Doorley, Gibbons, Hernandez, Jones and Leonard
None
Francois
None ~
APPROVE ,~~g Chair