CC Ordinance 2015
ORDINANCE NO. 2015
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL ADOPTING MODIFICATIONS (PLN2001-109) TO THE
CONDITIONS OF APPROVAL FOR A PREVIOUSLY APPROVED
PLANNED DEVELOPMENT PERMIT ON PROPERTY LOCATED AT 480 E.
HAMILTON AVENUE (CURRENTLY HOME DEPOT) IN A P-D
(PLANNED DEVELOPMENT) ZONING DISTRICT. FILE NO. PLN2001-
109.
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 City Council 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,
200 I 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 on site 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.
, .
City Council Ordinance
PLN200 1-1 09 - 480 E. Hamilton Ave - Modifications to Conditions - PD Permit - Home Depot
Page 2
Based upon the foregoing findings of fact, the City Council 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.
3. 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
1. Proiect 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.
2. 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.)
3. 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, and 90 days.
4. Hours of Operation: The hours of operation and any activity at the site are limited as
follows:
City Council Ordinance
PLN200 1-1 09 - 480 E. Hamilton Ave - Modifications to Conditions - PD Permit - Home Depot
Page 3
a. 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 truck 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.
c. 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 after 11 :00 p.m. and/or before 6:00
a.m. There is no Conditional Use Permit approved for this site.
5. 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:
1. Install a traffic control device such as a locking 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 shall be closed and locked during the prohibited hours.
11. Install a traffic control device such as a locking gate at the northwestern part of the
building where the existing gate is installed. Pursuant to the Santa Clara County
Fire Department requirements for emergency access, the gate shall be closed and
locked during the prohibited hours.
111. If the manually locking gate proves ineffective, the Community Development
Director can require the installation of automatically closing and locking gates.
b. To prevent forklift activity behind the building after-hours:
1. 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.
11. Outside storage of any materials or items of any kind between the southern and
western property lines and the main building is prohibited.
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.
6. Site Improvements to Control Truck Traffic:
City Council Ordinance
PLN200l-l09 - 480 E. Hamilton Ave - Modifications to Conditions - PD Permit - Home Depot
Page 4
a. 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 A venue.
b. Install a traffic control device such as a locking gate between the two 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
shall be closed and locked so as to prohibit access between the lots from 10:00 p.m. to
5:30 a.m. daily.
If Condition 6.b. proves ineffective, the Community Development Director can require
Home Depot to install automatically closing and locking gates.
c. 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:
a. 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 except the Salmar Avenue side and Home
Depot shall install signs noticing this fact. The Community Development Director can
prescribe signage as appropriate.
b. Submit a full landscape and irrigation plan for the review and approval of the Community
Development Director, within 30 days of final approval, for the property in its entirety
indicating what landscaping currently exists, what landscaping needs to be replaced,
consistent with the original plan and taking into account the growth appropriate to
intervening years by installation of mature planting materials. Install within 90 days of
final approval.
9. Temporary Reduction of Operational Hours Upon Receipt of Valid Complaints: In the event
that substantiated complaints as a result of the business operations are received by the City,
the Community Development Director is authorized to immediately reduce the allowable
hours of operation until such time that an appropriate Public Hearing can be scheduled for
consideration of a permanent reduction of operational hours. At this time the business owner
shall be required to file an application for a Modification to the Planning Development
Permit and shall pay all associated filing fees.
City Council Ordinance
PLN200 1-1 09 - 480 E. Hamilton Ave - Modifications to Conditions - PD Permit - Home Depot
Page 5
10. T pttpr from Homp l)ppot f'orpor~tp Offi~i~l~ A~knowleciging f'ommitmpnt to Rp~olving A 11
Neignnornooci rompMihility T~~np~ ~t its: r~mphpll Storp ~nci Acinprpn('p to tnp Mociifieo
f'onciition~' A letter shall 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.
11. Provi~ion of Vicipo Fqllipmpnt to l)ornmpnt Any FlItllrp Viol~tions: to tnp ronciition~: 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, the business will be required to install video surveillance equipment to document
any infractions to the Conditions of Approval and shall provide such tapes to the Community
Development Director upon request. The business shall retain the tapes for a minimum of
two weeks.
The City Council of the City of Campbell does ordain as follows:
SECTION ONE: That this Ordinance be adopted to modify the Conditions of Approval for the
original Planned Development Permit (PD 91-01) and the modified Planned Development Permit
(M 94-03) for the business at 480 E. Hamilton Avenue as set forth above.
SECTION TWO: This Ordinance shall become effective thirty (30) days following its passage
and adoption and shall be published, one time within fifteen (15) days upon passage and
adoption in the Campbell Express, a newspaper of general circulation in the City of Campbell,
County of Santa Clara.
PASSED AND ADOPTED this 10th day of
vote:
December
,2001, by the following roll call
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Furtado, Kennedy, Burr, Watson, Dean
None
None
None
ATTEST:
t2~
APPROVED:~"1f{)
Ma ew T. Dean, ~yor
/
I
Anne Bybee, City Clerk