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PC Res 3843 RESOLUTION NO. 3843 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2007-86) ALLOWING A L1MTED-TERM USE OF FOUR 320- SQUARE FOOT TEMPORARY CARGO STORAGE CONTAINERS ON PROPRETY OWNED BY HOME DEPOT USA LOCATED AT 480 E. HAMILTON AVENUE IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MS. BEVERLY METZ, ON BEHALF OF HOME DEPOT USA. FILE NO.: PLN2007-86. 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 PLN2007 -86. 1. The proposed projects consists of four (4) temporary storage containers for the storage of seasonal and overflow merchandise for a retail home improvement store on the subject property. 2. The development of the proposed project will result in a use that is consistent with the General Plan land use designation of General Commercial. 3. The proposed temporary cargo storage containers are consistent with the P-D (Planned Development) Zoning designation for the site with approval of a Use Permit. 4. The project site complies with current parking requirements for a home improvement use with an outdoor display area and the temporary storage containers. 5. The proposed operational hours are 6:00 a.m. to 9:00 p.m. daily. 6. The project qualifies as a Categorically Exempt project per Section 15311, Class 11 (Minor Structures) 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 and Zoning Ordinance. 2. The proposed project does not adversely affect the required parking facilities for the property. 3. The proposed project is architecturally compatible with existing and neighboring structures to the extent possible including building materials, colors, and roof elements. 4. The proposed project, as conditioned, does not impair the orderly and harmonious development of the immediate area. Planning Commission Resolution No. 3843 PLN2007-86 - 480 E. Hamilton Avenue - Use Permit - Temporary Cargo Containers Page 2 5. 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. 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. The subject site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping, and other development features required in order to integrate said use with uses in the surrounding area. 7. The subject site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such use would generate. 8. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. 9. 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 (PLN2007-86) allowing a limited-term use of four 320-square foot temporary cargo storage containers on property owned by Home Depot USA located at 480 E. Hamilton Avenue in a P-D (Planned Development) Zoning District. 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: 1. Declaration of Acceptance of All Conditions: Within thirty (30) days of Planning Commission approval, the applicant shall sign the final, approved set of Conditions of Approval. Until said Conditions are signed, the proposed Use Permit shall not be valid for any permits sought from the City. Planning Commission Resolution No. 3843 PLN2007-86 - 480 E. Hamilton Avenue - Use Permit - Temporary Cargo Containers Page 3 2. Aooroved Proiect: Approval is granted for a Conditional Use Permit (PLN2007-86) allowing four (4) temporary cargo storage containers for a home improvement retail use located at 480 E. Hamilton Avenue. The site layout and design shall substantially comply with project description and plans received by the Community Development Department dated August 31, 2007, except as may be modified by the Conditions of Approval 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. Conditional Use Permit Approval Expiration: The Conditional Use Permit approval shall be valid for six (6) months from the date of final approval, with an automatic extension of an additional 6 months (total allowed time of 1 year) if a code compliant permanent storage solution plan is provided and accepted by the Community Development Director, not involving temporary storage containers, by the end of the original 6 month time limit. 4. Prior Conditions of Approval: The Condition of Approval contained herein are in addition to the Conditions of Approval in Ordinance 1840 (Approval of PD91-01) modified by Ordinance 1901 (M94-03 - Approval of the Modification of a previously approved Planned Development Permit), and most recently modified by Ordinance 2015 (PLN2001-109 - Approval of the Modification of a previously approved Planned Development Permit. All of the Conditions of Approval for Ordnances 1841, 1901, and 2015 remain in effect. 5. Limitation on Future Applications: The applicant is restricted from re-applying for the use and restricted from placing storage containers on the subject property for a period of 3 years after the expiration of the current Use Permit approval. 6. Propertv 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. 7. Outdoor Storaae: No outdoor storage is permitted on the subject property other than previously approved by Ordinances 1841, 1901, and 2015. 8. Operational Hours: The hours of operation for the trailer shall be limited to 6:00 a.m. to 9:00 p.m. daily. 9. Approval of the Communitv Development Director: All of the Conditions of Approval contained herein shall be met to the satisfaction of the Community Development Director, without exception. Planning Commission Resolution No. 3843 PLN2007-86 - 480 E. Hamilton Avenue - Use Permit - Temporary Cargo Containers Page 4 PASSED AND ADOPTED this 9th day of October, 2007, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Alderete, Ebner, Gibbons, Rocha and Roseberry None Doorley None APPROVED: 17 ~ I~ Michael Rocha, Chair ATTEST: